LATEST RULING BY SWISS SPORT INTEGRITY ON PROTECTING SWISS SPORTS TRIBUNAL PEOCEEDINGS

Swiss Sport Integrity (SSI) has issued a warning to two parties involved in proceedings for violating the provisions relating to the protection of proceedings and has fined them as well as requiring them to cover part of the legal costs.

Whilst proceedings were underway before the Swiss Sports Tribunal (SST), SSI was informed that information from these proceedings had allegedly been disclosed. SSI then launched an investigation into the matter.

During this investigation, SSI discovered that both parties to the dispute had shared information from the proceedings before the SST, including the filed investigation report, with several third parties.

Obstructing, hindering, or influencing proceedings before SSI or the SST constitutes a violation of the Statutes regarding ethics (Art. 6.5 let. a) and may be subject to sanctions. According to the SST Arbitration Rules (Art. 8, para. 2), all persons participating in the proceedings are bound by an obligation of confidentiality.

This is why the unlawful transmission of information to third parties from ongoing proceedings before the Swiss Federal Court of Sport (SFS) was investigated. Since both individuals obstructed the proceedings, SSI issued a warning to each of them. Furthermore, the two individuals warned must each pay a fine of 500 Swiss francs, as well as a portion of the investigation costs, also 500 Swiss francs each.

SSI reminds everyone that, in accordance with the Swiss Sport Ethics Statutes and the SFS Arbitration Rules, proceedings before SSI and the SFS concerning reported ethical breaches are confidential, and that the parties involved in the proceedings are, therefore, bound to maintain confidentiality with respect to those not involved.

We act in legal proceedings before the SSI and SST and further information and advice is available from Dr Lucien Valloni or Kim Gamboni by emailing them at valloni@valloni.ch or gamboni@valloni.ch respectively.