a CAS Court of Arbitration of Sport by Alejandro Escarrá Gil | Nov 23, 2020 | Alejandro Escarrá Gil, Sports Law
There is a good reason that The Court of Arbitration for Sport (CAS) is often referred to as sport’s supreme court. When there is any disputes between two parties directly or indirectly linked to sport, there needs to be an impartial thirdparty to help with con ict resolution. That’s where CAS comes into the picture. Their goal is to settle these sports-related disputes through peaceful methods like mediation or arbitration. CAS is not a liated with any sports organization nor any speci c country or political leanings. History
The idea for a neutral arbitrator was originally thought up by the president of the International Olympic Committee (IOC). He wanted a procedure in place to deal with disputes arising during the Olympics. The rst iteration of CAS was incorporated into the IOC in 1984. While CAS remained partial in matters of arbitration, many people still felt they were too closely intertwined with the IOC organization, especially when it came to funding. The impression was that it would create a bias. Because of this, and after a thorough discussion of the Gundel v. La Fédération Equestre Internationale case, a change was made in CAS structure. CAS became more independent of the IOC, both in a nancial way and in an organizational sense. The biggest change was the creation of a new department known as the International Council of Arbitration for Sport (ICAS). They were the agency that was put in charge of the day to day running of CAS as well as the nancing. Most of the cases that are handled nowadays by the CAS involve either disciplinary, doping or transfer disputes within professional football associations. Take as an example the las ten full decisions published in the Jurisdiction section of CAS web: seven were disciplinary cases; one related to eligibility; and the two other about doping and transfer matters. Eight out of those cases were related to football, one to athletics and one to basketball. Jurisdiction There are quali cations that must be met in order to have a case heard before the CAS. There must be an arbitration clause in the agreement between the parties which speci es that “Any dispute arising from or related to the present contract will be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved de nitively in accordance with the Code of sports-related arbitration” (CAS standard clause). Since the 2009 World AntiDoping Code pledge, all the National Olympic Committees and the Olympic international federations agree that CAS has jurisdiction to decide on antidoping rule violations. In the case of the athletes, their acceptance should be expressed in writing through the standard general declaration or a declaration limited to an event. Where they are
Its headquarters are in Switzerland and it has additional courts located in New York City, Sydney, and Lausanne. Temporary courts are also established in active Olympic host cities.Â
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