NEWSLETTER-2019-metin

352 NEWSLETTER 2019 violated the law in accordance with Article 95 of the SCA 17 . This has been criticized since it results providing a lack of remedies to obvious mistakes of arbitral tribunals, the inability to bring the new material facts to the SFT, and lack of any remedy foreseen against an arbitrary application of an arbitral tribunal. On the other hand, by restricting ap- plications to the SFT, the intention is to prevent the filing of arbitrary actions for annulment in order not to aggravate the workload of the SFT, and to ensure that the parties have legitimate reasons to file an action for annulment. The SFT may decide on either the annulment of the award, sub- ject to the annulment request, or the rejection of the annulment request of the applicant, within an average period of 4 to 6 months. Pursuant to Article 77/2 of the SCA, the SFT may only decide on the annulment of the award or the rejection of the annulment request, since it is not competent to decide on the merits of the cases regarding the annul- ment of the arbitral awards. The awards of the SFT in this regard are definitive, apart from applications for revision (or retrial), with a few grounds for exception, stated in the SCA, and the decisions of the SFT in answer to the CAS arbitral awards, are final and binding. Conclusion Due to the fact that the place of CAS arbitration (lex arbitri) is Swit- zerland regardless of the actual location of the proceedings, the remedy against the arbitral awards is stated in accordance with Swiss law, which is to file an action for annulment before the Swiss Federal Tribunal. To file an action for annulment against the CAS awards before the SFT is advantageous because it is simple and fast, when the duration of review of the file and the scope of the review are taken into consideration. The rules of Swiss law regarding actions for annulment to be filed before the SFT are strictly applied and, in particular, the rules concern- ing the grounds for annulment. However, as it is similar in waiving the right to file an action for annulment, these rules are sometimes applied to the dispute at hand in a more appropriate manner to the purpose and spirit of these rules, by stretching them by jurisprudence, due to the specific nature of the sports proceedings and sports law. 17 Mavromati/Reeb , p. 562-563.