Application of Swiss law and influence of Swiss protection of legal personality in international sport: a necessity to ensure equality of treatment among competitors?

Abstract

Sports law and Swiss law are closely connected. It is at first quite complex to perceive the real implications of Swiss law, in which way it applies as well as its concrete consequences in sport. To understand the relation between Swiss law and international sport, the present article will analyze the concepts, rules and principles of Swiss law which apply in this area (i.e., Swiss association law, contract law and protection of legal personality). Knowledge of Swiss law for athletes, teams and federation is fundamental. It is the first step to develop coherent and powerful strategy before the Court of Arbitration for Sport or internal judicial bodies of international federations. A general overview of the importance of Swiss law appears to be very valuable to understand the context of sports law. Also, the protection of legal personality as the core principle of sports law is of a primordial importance in sports law and it will be developed in this contribution. The specific influence of equality of treatment between athletes will be discussed, too. This principle is fundamental in sport and is one of the purposes of a uniform application of (Swiss) law in sport.