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Peter Gordon explores Swiss appeal and injunction on suspension

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LanceRomance said:
on only 14% get dismissed?
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Dismissed without consideration, this is all arbitration not just CAS. Got the impression but only an impression CAS distorts this figure upwards, i.e CAS appeals dismissals without consideration are higher than 14%.

Of the cases that are heard, just over 90% of sports ones (i.e CAS) are dismissed (76 out of 84 from 89-13), of the 8 that were successful, seems only one did the supreme court nullify the award and reheard the case, the other 7 were sent back for consideration of specific matters.

Edit. sorry two were reheard (award annulled), both FIFA contract ones.
 
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Muggs said:
Dismissed without consideration, this is all arbitration not just CAS. Got the impression but only an impression CAS distorts this figure upwards, i.e CAS appeals dismissals without consideration are higher than 14%.

Of the cases that are heard, just over 90% of sports ones (i.e CAS) are dismissed (76 out of 84 from 89-13), of the 8 that were successful, seems only one did the supreme court nullify the award and reheard the case, the other 7 were sent back for consideration of specific matters.
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And from memory, the initial sanction in the reheard case was upheld, correct?
 
Muggs said:
Been reading a few decisions today so getting some idea.

Don't need to apply, in saying that the court sometimes dismisses them out of hand, or after very little consideration, posted a link to some stats yesterday about 14% of cases has this happen, or don't pay the fee.
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No anti-doping appeal has ever been overturned though. Canas, the Argentinian tennis player, is the only one to have had some success. He argued that he didn't get a fair hearing due to not being able to put all parts of his case forward. Swiss Tribunal accepted but then sent it back to the CAS for review to hear all parts of Canas' argument. Didn't change the opinion of the CAS and the suspension stood.

Love the way Essendon just piss money up the wall.
 
Jimthegreat said:
No anti-doping appeal has ever been overturned though. Canas, the Argentinian tennis player, is the only one to have had some success. He argued that he didn't get a fair hearing due to not being able to put all parts of his case forward. Swiss Tribunal accepted but then sent it back to the CAS for review to hear all parts of Canas' argument. Didn't change the opinion of the CAS and the suspension stood.

Love the way Essendon just piss money up the wall.
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Wonder if AFL also stumping up the cash given they are cheerleaders of the essendon cause
 

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Jimthegreat said:
No anti-doping appeal has ever been overturned though. Canas, the Argentinian tennis player, is the only one to have had some success. He argued that he didn't get a fair hearing due to not being able to put all parts of his case forward. Swiss Tribunal accepted but then sent it back to the CAS for review to hear all parts of Canas' argument. Didn't change the opinion of the CAS and the suspension stood.

Love the way Essendon just piss money up the wall.
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Sounds like insurance is stumping up the cash for it.
Personally though I wouldn't be upset if the club funded it, it's the least they can do
 
Linda Lovelace said:
And from memory, the initial sanction in the reheard case was upheld, correct?
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No, but the two (was actually two) were FIFA contract ones

Jimthegreat said:
No anti-doping appeal has ever been overturned though. Canas, the Argentinian tennis player, is the only one to have had some success. He argued that he didn't get a fair hearing due to not being able to put all parts of his case forward. Swiss Tribunal accepted but then sent it back to the CAS for review to hear all parts of Canas' argument. Didn't change the opinion of the CAS and the suspension stood.

Love the way Essendon just piss money up the wall.
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Yup that is correct no anti-doping case has been overturned but the Swiss Supreme court, only sent back to CAS for further consideration.
 
sonnywalters said:
I am backing Spigelman all the way. The chance of him being corrupt are close to nought. The chance of him being wrong in law are close to nought.

For those of you who dont know who he is:

https://en.wikipedia.org/wiki/James_Spigelman
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Very highly regarded among the legal fraternity. Most are still shocked he isnt sitting as CJ of the High Court instead of French CJ.

My gut tells me if it wasnt for political wrangling he'd be there. The Rudd government wanted to maintain a conservative (non activist) bench. We havent had an activist High Court since Mason CJ was running the show. Probably also no surprise that Kirby J pissed off after French was appointed CJ over Spigelman.
 
Gavin Excell said:
Wonder if AFL also stumping up the cash given they are cheerleaders of the essendon cause
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Its worth noting that the AFLPA categorically stated they havent funded any of the process to this point.

Marsh rejected reports that the AFLPA would cover the financial cost of any appeal.

“Categorically the AFL Players’ Association hasn’t funded any legal bills to this point and won’t be funding this appeal,” Marsh said.
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ref: http://www.aflplayers.com.au/article/players-appeal-likely-marsh/
 
Malifice said:
Very highly regarded among the legal fraternity. Most are still shocked he isnt sitting as CJ of the High Court instead of French CJ.

My gut tells me if it wasnt for political wrangling he'd be there. The Rudd government wanted to maintain a conservative (non activist) bench. We havent had an activist High Court since Mason CJ was running the show. Probably also no surprise that Kirby J pissed off after French was appointed CJ over Spigelman.
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Was put to me by one of my professors that he's up there with the most respected judges in Australia full stop, and undoubtedly the most respected judge not to have been on the HC. His private international law expertise was particularly amazing.
 
Would love to know who the Essendon insurers are so I could ensure I'm not with them when they increase everyone else's premiums to offset these losses
 

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The_Wookie said:
Insurance company has nothing to lose at this point. Its a couple of hundred grand in the appeal versus possible millions in payouts
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Yep. A futile attempt that the insurers are prepared to have a crack at to save further costs down the road.

The players are cooked though. They missed their final chance at the CAS hearing to make it clear how they were duped, and by whom.

They either weren't prepared to do that, or the facts didn't enable them to do that. They instead opted to try their luck, as a group, in beating Richard Young.

There is very little reason for players and insurance co not to have a crack. Even though they have already admitted they have next to no chance.

EFC, and to a small extent AFL, are the big losers, as again, they are stuck in the mire.

Another year looking back for EFC is another couple years added to the recovery.

May the pain continue on the makers of their own misery.
 
ChrisKaias said:
Was put to me by one of my professors that he's up there with the most respected judges in Australia full stop, and undoubtedly the most respected judge not to have been on the HC. His private international law expertise was particularly amazing.
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Knee jerk political reaction to what was percieved as an overly judicially active High Court. Its no co-incidence we've seen an ever expanding Executive as a result (privitive clauses, the migration act changes, indefinate detention, the legislature purporting to grant the Minister sweeping powers etc).

This is not to diss the current bench (or chief justice) mind you. Its just annoyingly political. The Yanks did similar with appointing Roberts CJ of their Supreme Court under Bush to get a more conservative friendly bench. I dare say Heller would have gone a lot differently with more liberal (small 'l' liberal) Supreme Court bench.

But I digress.
 
Great8 said:
Sounds like insurance is stumping up the cash for it.
Personally though I wouldn't be upset if the club funded it, it's the least they can do
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Has to be the most generous insurance company in the world. Quite amazing.
 

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Boxhead_31 said:
So they aren't taking out an injunction, will still miss this season, will still be paid so why?
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Just to clear their names I imagine so they lose the stain of being drug cheats.

Injunction would be nasty because if they lose the penalty starts again WITHOUT the discounts. So the full 2 years. Injunctions are rarely granted and their likelihood of winning is about .0001%. So definitely no injunction.
 
Boxhead_31 said:
Would love to know who the Essendon insurers are so I could ensure I'm not with them when they increase everyone else's premiums to offset these losses
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They'll just increase Essendon's premiums who will then increase membership fees, so it's the members who are really footing the bill.
 
Boxhead_31 said:
Would love to know who the Essendon insurers are so I could ensure I'm not with them when they increase everyone else's premiums to offset these losses
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I believe that Chubb are one of their lead insurers. You may not have heard of them as they're a specialty insurer and the only individuals they look after are high net worth - the rest are banks, directors of companies and large corporations, etc. I wouldn't worry about premiums going up for individuals as they wouldn't be with "retail" insurers. I currently work in the industry FYI.
 
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