Exploring Court of Arbitration for Sport

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Exploring Court of Arbitration for Sport

• Christy N. Lee

2
Introduction

• Located in Lausanne, Switzerland
• Secretary General Mathhieu Reeb
• Decentralized offices
• Sydney and New York
• Permanent Secretary (New York)
• Richard Naimark

3
History

• Creation- International Olympic Committee in 1984
  
• Reason for creation- regular increase in number
  of international sports related disputes and need
  for arbitral institution specialized in settling
  international disputes

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Purpose and Goals

• Settle international sports related disputes
  quickly and inexpensively
• Offer flexible procedure

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CAS Arbitration Services

• Ordinary Division
• Handle matters that the parties have initially
  agreed to submit to the CAS
• Appellate Division
• - Handle appeals from the decisions of sports
  federations, associations, or sports-related
  bodies
• Ad Hoc Division
• Added in 1996 to resolve disputes at Olympic Games

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Arbitrators

• About 300 arbitrators appointed by International
  Council of Arbitration for Sports
• From 87 countries chosen to special knowledge in
  arbitration and sports law
• Panel of three from CAS list
• Each party chooses one and those two select
  president of panel (third one)

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List of Arbitrators by Nationality
www.tas-cas.org
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Cases

• About 200 cases registered each year
• Set up non-permanent tribunals for Olympics Games
  etc.
• Types of cases- nationality of athletes,
  contracts concerning employment, television
  rights, sponsorship and licensing, disciplinary
  cases such as doping and abuse of referee etc

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Procedure

• Party submits the dispute request according to
  contents specified by Code of Sports-related
  Arbitration
• Cases assigned to either the Ordinary Arbitration
  Division or the Appeals Arbitration Division
• Language- English or French
• Law- parties free to agree which law to apply, if
  fails to decide then Swiss law applies

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The Court Office Fee

• When filing the request, the claimant shall pay a
  minimum fee of Swiss francs 500
• (or 335. 57)

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Articles R 28 of the Code

• Seat of the arbitration- Lausanne, Switzerland
• Two decentralized courts
• National Dispute Center in Sydney
• American Arbitration Association in New York
• Olympic Games

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Jurisdiction

• Any person or legal entity with capacity and
  power to agree to arbitration can seek recourse
  from the CAS for the resolution of sports-related
  disputes
• Prospective users- athletes, sports leagues,
  sports associations or federations, clubs,
  sponsors, television companies involved in
  broadcasting sporting events

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Law

• CAS Statute of 1984- IOC, National Olympic
  Committees, International Federations
• 1994 Reform
• Paris Agreement
• The Code
• Body of rules and procedures (more than 69
  articles)
• Primary source of statutes that governs the
  structure of the CAS and arbitration process

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Initiation of Arbitration

• Article R 39
• Communicates the request to the respondent
• Sets time limit to file an answer
• Answer shall contain
• Brief statement of the defense
• Any defense of lack of jurisdiction
• Any counterclaim

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Ordinary Arbitration Proceedings

• Two successive phases (pleading)
• Written phase
• Oral phase
• Hearing- not public
• Award
• Majority decision
• Final and binding

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Issues of Impartiality and Fairness

• Reasons behind CASs perceived neutrality
• Members of the court appointed by the tribunal
• Established figures in the fields of
  international and arbitration law (diverse)
• Safeguard of recusal (removing arbitrators for
  bias)
• Consistency in legal standards

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Gundel v. International Equestrian Federation

• Gundel German equestrian competitor
• Judicial Commission on the International
  Equestrian Competitor decision appealed
• Gundel argued lack of independence of CAS
• Challenge brought to Swiss Federal Tribunal
  (highest judicial authority in Switzerland)
• Holding
• Noted proximity of relationship between IOC and
  CAS
• However, CAS independent and upheld the decision
  

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Recognition of Judgment

• New York Convention
• Recognition and enforcement of foreign award
• Unclear if CAS award will always be enforced

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Advisory Opinions

• Issue non-binding advisory opinions at the
  request of associations recognized by IOC
• Sole discretion of CAS President to hear the
  issue

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Evaluation- main purposes well served?

• Inexpensive?
• Filing fees 500 Swiss Francs ( 335. 57)
• Administrative fees
• Arbitrators fees

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Administrative Cost
1.00 Swiss Franc 0.8482 U.S. Dollar
www.tas-cas.org
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Arbitrators Costs and Fees

• Fixed by CAS
• Hourly rate of CHF 250
• Reimbursement of Arbitrators travel, meals, and
  lodging

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Evaluation- main purposes served?

• Fast?
• Ordinary 6- 12 months
• Appeals within 4 months

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Conclusion

• Court of Arbitration for Sport over last twenty
  years
• Relative success
• Efficient
• Serving main goals and purposes well
• Challenges
• Convince more athletes to take advantage of the
  system