Article 190 specifies that an award can be voided if the tribunal was “improperly constituted.” I don’t know what Swiss jurisprudence says that means. e.g., if one of three panel members had a potential conflict of interest. Appealing that has a 30-day time limit.
Yeah it’s one of those times where the process can be infuriating
Just to be clear, arbitration is always final, pretty much everywhere. So it makes sense that the CAS did not review the case it already decided.
That said, you can appeal CAS awards to the Swiss Federal courts, and USA Gymnastics intends to do just that.
“We are deeply disappointed by the notification and will continue to pursue every possible avenue and appeal process, including to the Swiss Federal Tribunal, to ensure the just scoring, placement, and medal award for Jordan.”
Switzerland being a hub of international business, has an explicit provision in its law allowing the appeal of arbitration if new evidence comes to light. In Article 190a of the PILA:
A party may request a review of an award if:
a) It has subsequently become aware of significant facts or uncovered decisive evidence which it could not have produced in the earlier proceedings despite exercising due diligence; the foregoing does not apply to facts or evidence that came into existence after the award was issued;
…
The request for a review must be filed within 90 days of the grounds for review coming to light.
The court would then order the CAS to re-hear the case including the new evidence. I think the only way the appeal fails is if the court rules that due diligence would have found this evidence before the proceedings.
Do they want to?