NEWSLETTER-2019-metin

349 SPORTS LAW party filing an action for annulment must set out their legal interest in filing the action 9 . Time Limit The CAS Code stipulates that the awards notified by the CAS Court Office are definite, and in accordance with Swiss law, an ap- plication challenging the awards is available in certain circumstances, within 30 days from the date of notification of the award by mail or courier 10 . In this respect, in accordance with Article 100 of the SCA, the action for annulment against CAS awards can be filed within 30 days. The exceptional and limited situations that interrupt or stop the said 30-day period are also listed in related articles of the SCA. Waiver from the Right to File an Action for Annulment One of the most controversial issues related to the annulment of CAS awards is that the parties waive their rights to apply to the SFT, in advance. In accordance with the CAS Code, if the place of settlement, the habitual residence, or the workplace of the parties is outside of Switzerland, the parties may waive their rights to appeal the award, through a clear provision in the arbitration agreement concluded be- tween them, or by a written agreement to be made at a later date 11 . This provision led to a discussion in the doctrine that since the current version of the provision creates a difference to athletes according to whether they reside in Switzerland or not, in a case in which one of the parties is a federation or a sporting body that has its head office in Switzerland. If the sports federations with their head offices in Swit- zerland provide for a waiver of the right to file an action for annulment against the CAS awards in their statutes and regulations, by accepting these rules, professional athletes in Switzerland automatically waive their rights to appeal, as a precondition in order to engage in their sporting activities. 9 Mavromati, Despina / Reeb, Matthieu : The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials, 2015, p. 564. 10 Article R46 and Article R59 of the CAS Code. 11 Article R46 and Article R59 of the CAS Code.