CAS仲裁裁决司法审查救济实证研究——瑞士联邦法院的政策倾向与当事人的策略选择

最近十年CAS裁决上诉案件判决的统计分析表明，瑞士联邦法院（SFT）对CAS裁决的司法审查呈现出两个明显特点和迥异趋势：一方面，放宽申请撤销CAS裁决的条件，充分保障各方当事人获得司法救济之机会与权利；另一方面，坚定支持CAS仲裁，严格解释和适用瑞士法律规定的撤裁理由，将司法干预控制在最低限度，以维护CAS仲裁的独立性及其裁决的终局性。中国当事人应当积极参与CAS仲裁程序，充分发表自己的观点主张，对仲裁中的不当情形及时提出异议。如果确有瑞士法律规定的撤裁理由，应积极寻求SFT的司法审查救济。

An Empirical Study on Judicial Review on and Remedy for CAS Arbitral Awards: SFT's Policy Tendency and the Parties' Strategies

The statistical analysis of the judgments on appeals against CAS awards showed that SFT's judicial review on CAS awards had two obvious features and different tendencies. On the one hand,the conditions for applying for setting aside CAS awards were not tightened so that the parties' right and opportunity to access to judicial remedy were fully guaranteed. On the other hand,CAS arbitration was firmly supported,the reasons for setting aside arbitral awards under the Swiss law were strictly interpreted and applied,judicial intervention was maintained on the minimum level,so that the independence of CAS arbitration and the finality of its awards were ensured. The Chinese parties shall actively participate in the CAS arbitral proceedings,fully present their own cases,timely raise objections against irregularities in the arbitration,and actively seek for SFT's judicial review and remedy when there truly existed the reasons for setting aside the award under the Swiss law.