Question juridique clé
Whether the CAS award could be revised based on alleged new facts and evidence concerning the AMA's TD2009EPO directive.
Solution extraite
The alleged new facts and evidence were not eligible for revision because they were known before the award was communicated and could have been raised during the arbitration with due diligence.
Motifs extraits
Revision under Art. 123(2)(a) LTF requires facts or evidence that existed by the time facts could still be alleged in the main proceedings, were unknown despite diligence, and were discovered only after the decision. Here, the new directive was already discussed at the hearing and the applicant knew of it before the award; she therefore lacked diligence.