Facts
The [B.] Federation (respondent) excluded the [A.] Federation (appellant) from the world federation by decision of 5 November 2018.
The appellant appealed this decision to the Court of Arbitration for Sport (CAS) on 29 March 2019. By arbitral award of 7 May 2020 (CAS 2019/A/6281), the CAS did not enter into the appeal because the time limit for appeal had been missed.
On 27 May 2020 the appellant declared, in English, that it would challenge the arbitral award before the Federal Supreme Court by way of appeal. Upon request of 3 June 2020 (Art. 42 para. 1 FSCA), it submitted a German translation on 17 June 2020.
The appellant complained solely that the arbitral tribunal had committed manifest errors of law and had imposed manifestly excessive procedural costs on it, relying on Art. 389 ff. CPC.
Subject matter of the dispute: International arbitration; challenge to a CAS arbitral award for missing the appeal time limit.
Considerations
Under Art. 190 para. 2 PILA, only the grounds for challenge exhaustively listed there are admissible against an award of an international arbitral tribunal (BGE 134 III 186 E. 5; 128 III 50 E. 1a; 127 III 279 E. 1a).
The appellant wrongly assumed that the provisions of Art. 389 ff. CPC were applicable. Since both parties have their seat abroad, the provisions of the PILA apply pursuant to Art. 176 para. 1 PILA. An express declaration excluding these provisions in favour of the third part of the CPC (Art. 353 ff. CPC) under Art. 176 para. 2 PILA was neither asserted nor is it apparent.
The appellant's submissions (manifest errors of law and excessive costs) do not fall under the admissible grounds of challenge under Art. 190 para. 2 PILA. In addition, reference was made to judgment 4A_413/2019 of 28 October 2019 E. 3.3.2, according to which the failure to observe the appeal time limit before the CAS does not concern the jurisdiction of the arbitral…