NEWSLETTER-2019-metin

351 SPORTS LAW • Arbitral Tribunal’s decision on matters exceeding the re- quests submitted to it, or failure of the Arbitral Tribunal to render a decision as to one of the claims of the Appellant (subparagraph c), • Breach of the principle of equal treatment or right to be heard of the parties (subparagraph d), • Breach of Swiss public order (subparagraph e). The above-mentioned grounds are numerus clausus, and it is not possible to file an action for annulment for any reason other than as stated above. It is not even possible to apply to the SFT for annulment for wrongful application of law, unless the claimant proves that there has been a violation of the general rules of good faith 15 . In addition, an application for annulment that is based on the provisions of the Eu- ropean Convention on Human Rights is not acceptable by the SFT 16 . As well, even though the existence of one or several grounds for annulment stated in Article 190/2 of the PILA is sufficient for application against CAS awards before the SFT, it generally takes a pro-arbitration stance, and it may accept the applicant’s requests and decide on annulment, only in the case of a severe violation of Article 190. Examination of the SFT and Result of Action for Annulment In accordance with the provisions of the SCA, the SFT does not examine the merits of the cases. In this respect, the SFT does not re- view, nor re-hear the case, and does not examine it as a court of first instance, but only examines whether the asserted arguments are based on just cause. Thus, the SFT does not correct or complete the find- ings of the arbitral tribunal on material facts, ex officio, except for those that constitute the basis for the grounds for annulment, as stated in Article 190/2 of the PILA. The SFT takes the material facts in its own proceedings as they are set forth by the CAS. These facts are not corrected by the SFT, even if they are clearly wrong, or they have 15 Mavromati/Reeb , p. 580. 16 Mavromati/Reeb , p. 563.