The Court of Arbitration for Sport: A Global Hub for Sports Disputes

Introduction:

Sports, beyond being a source of competition and entertainment, has evolved into a multi-billion dollar industry attracting lucrative investments from around the world. Prominent sports franchises have established themselves as global brands, transcending the boundaries of the sports industry. However, with the rise of sports as a significant global business, legal disputes within the sports domain have also become increasingly common. One of the primary mechanisms for resolving such disputes is arbitration, with the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland, serving as the supreme institution for sports dispute resolution.

Establishment and Jurisdiction of CAS:

The CAS was founded in 1984 by the International Olympic Committee to address the need for a centralized institution to adjudicate sports disputes outside the jurisdiction of national courts. Since its establishment, CAS has handled over 6,000 arbitrations, even amid the challenges posed by the COVID-19 pandemic. CAS operates not only from its headquarters in Lausanne but also maintains permanent decentralized offices in Sydney and New York.

The Scope of Sports-Related Disputes:

CAS’s jurisdiction extends to various sports-related disputes. Parties can refer disputes to CAS through arbitration clauses in contracts, sports regulations, or by appealing decisions made by federations, associations, or sports-related bodies. Sports-related disputes encompass a wide range of issues, including commercial disputes involving sponsorships, media rights, player contracts, as well as specific disputes related to doping, on-field controversies, and more. These disputes often involve a mix of governing laws, such as competition laws, intellectual property laws, contract laws, and even criminal laws, making it crucial for CAS to determine their arbitrability.

Seat of Arbitration and Applicable Law:

CAS’s headquarters in Lausanne serves as the default seat of arbitration for all CAS proceedings. However, exceptional circumstances may warrant holding hearings in other locations after consultation with the involved parties. The CAS Code allows the parties to specifically choose the applicable law governing the merits of the dispute. In the absence of a choice, Swiss law applies. For appeal proceedings, the applicable law is determined by the CAS panel, taking into account the country where the challenging decision was issued or other rules of law deemed appropriate by the panel.

CAS Appeal Mechanism:

The CAS appeal mechanism stands apart for its unique features. Unlike traditional appellate tribunals, CAS appeals tribunals have the authority to conduct a de novo review of both facts and law related to the decision of the first-instance forum. This means that the CAS Appellate Tribunal can independently review and overturn the decision, including replacing it with a fresh decision or referring it back to the original forum. The CAS’s appellate function is not limited to mere scrutiny but allows for a comprehensive re-evaluation of the case.

Jurisprudence in Sports Arbitration:

Courts and tribunals worldwide have contributed to the jurisprudence surrounding sports arbitration. The CAS, in particular, has established valuable precedents in various categories, including the impartiality of arbitrators, procedural integrity, and considerations of sports and human rights. Courts have delineated the standards of impartiality and procedural fairness in sports arbitration, ensuring that the procedure adheres to the rules established by the parties. Notable cases, such as Sun Yang vs. World Anti-Doping Agency and SA Sports Management International vs. Serge Aurier, have shaped the standards of impartiality and procedural integrity in sports arbitration.

Conclusion:

As sports continue to flourish as a global industry, legal disputes are inevitable. The Court of Arbitration for Sport, with its rich history and extensive experience, plays a crucial role in resolving sports-related disputes. CAS provides a specialized forum for fair and impartial adjudication, and its unique appeal mechanism allows for comprehensive review.