Churchill Bros appeal CAS order before Swiss Federal Tribunal, decision awaited
Panaji:
Churchill Brothers FC have clarified that the Swiss Federal Tribunal has rejected their request for a stay on the Court of Arbitration (CAS) operative award but there is no decision yet on their appeal.
Churchill have moved the Swiss Federal Tribunal against the Switzerland-based CAS order that set aside the AIFF appeals committee decision, which had adjudged that the re-registration of Mario Barco by the Varanasi-based club made him an ineligible player. Points were forfeited following a protest by three clubs – Churchill, Namdhari and RKFC -- leaving them lower in the table.
The CAS panel, an independent international body that settles disputes related to sport through arbitration, also ordered the All India Football Federation (AIFF) to 'adjust the points table of the I-League and declare Inter Kashi as champions.'
Churchill were previously declared as champions with the AIFF having a trophy presentation ceremony in Goa.
'After having been notified of the CAS award in the procedure concerning the eligibility of Mario Barco for Inter Kashi, our club filed an appeal before the Swiss Federal Tribunal. As a first step, we requested the Swiss Federal Tribunal for the stay of execution of the CAS Operative Award. Unfortunately, the Swiss Federal Tribunal rejected our request for a stay on the Operative Award.
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'Nonetheless, and contrary to what has been wrongly reported by certain media, the Swiss Federal Tribunal did not reject our appeal. In fact, the procedure before the Swiss Federal Tribunal is still ongoing, waiting for notification of the motivated award by CAS and therefore the matter is sub-judice before the Swiss Federal Tribunal,' Churchill said in a statement on Tuesday.
The club said they are 'fully committed to use all legal remedies at its disposal to seek justice and ensure its participation in the coming ISL season.'
According to reports, Churchill had requested the Swiss top court to issue super-provisional and provisional measures, including a suspension of the CAS ruling and, alternatively, permission for the club to participate in the upcoming ISL 2025–26 season.
Reports said the court in its ruling noted that 'it is not possible to conclude, on the basis of the explanations provided by the appellant, that the latter's interests clearly outweigh those of Inter Kashi FC, given that both clubs are at risk of not being able to play in the Indian first division.'
On its website under the 'Frequently Asked Questions' section, CAS said 'judicial recourse to the Swiss Federal Tribunal is allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (e.g. violation of the right to a fair hearing) or incompatibility with public policy.'
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