2. COURT OF ARBITRATION
2.1. Court of Arbitration for Sport
-The Court of Arbitration for Sport (CAS) is an institution independent of any sports organisation which
provides services in order to facilitate the settlement of sports-related disputes through arbitration or
-Procedural rules are adopted by the CAS and parties to any dispute must comply with these rules.
oImportant to be followed
oCAS law = rules
-Created in 1984 and is administered by the International Council of Arbitration for Sport (ICAS).
oSports disputes because more common so administrators believed there needed to be a
centralized forum for these disputes
Commercial agreements breached
NOW anti doping
-CAS has nearly 300 arbitrators who are chosen for their specific knowledge of arbitration and sports
oBoth parties have right to select who is on the panel (eg choose those who have anti doping
-CAS is final only availability is if the court acted unfairly
-Decision of CAS not binding on other decisions/sports
oPrecedent doesn’t apply
oPersuasive but not bound
-Officials, participants and other involved individuals come under this
-Fans and other individuals not directly involved cannot be bound by sporting rules only by entry rules
-Fans can still be banned too under different laws
2.2. Function of CAS
-CAS has the role of resolving legal disputes in the field of sport through arbitration.
-CAS produces arbitral awards that have the same enforceability as judgements of ordinary courts.
oStrengthened by the signatory countries of the convention
oBoth parties accept decision is binding in relation to their contract
-Parties can also resolve their disputes through use of the mediation service and can also seek advisory
opinions concerning legal questions related to their sport.
-CAS also sets up ‘ad hoc’ tribunals for special events and develops special procedural rules on each
oEg Olympic games, world cup, commonwealth games
Received gold medal but then tested positive to drugs
2.3. Kind of disputes
-Any disputes directly or indirectly linked to sport may be submitted to the CAS.
oNot restricted to any type of matter
oCan hear criminal matters
-These include disputes of a commercial nature or of a disciplinary nature following a decision by a
-Matters include sponsorship agreement disputes, anti-doping matters, disciplinary appeals.