THE COURT OF ARBITRATION FOR SPORT: THE SUPREME COURT IN SPORTS?

MALHAR DESAI

Abstract:

The first president of the CAS, Juan Antonio Samaranch, envisaged a kind of Hague Court in
the Sports World on its formation. Since then, the CAS has expanded rapidly and is widely
recognized as the preeminent sports tribunal. He imagined a body which would ultimately be
Supreme over other Sports federations, bringing finality to disputes across the world covering all
areas of sport. After 30 years, the CAS has rapidly put itself in the spotlight. But has the vision of
the founders been realized? The research paper will begin with an introduction into the birth and
early development of CAS. Its jurisdiction will be discussed and the origins of its authority in
relation to other sports federation. The quality of the CAS procedures assessed. The effect on this
on its status as a Supreme Court for sport will be considered. Necessary reforms will be
highlighted. Some important cases will be discussed which have played a part in evolving the
CAS. Finally it will conclude that the CAS is not yet a Supreme Court.

Introduction:

The Court of Arbitration for Sport is a body or institution which is independent of any
sporting body or organization created by IOC in 1983.

History/Background:

Supreme Court of Sports

No recognized independent body with competence to make legally binding rulings on
sporting issues.
In 1983, the International Olympic Committee (IOC) recognized the obvious need for a
tribunal to determine both national and international sporting disputes and commenced
the constructive process of what would become known as the Court of Arbitration of
Sport (CAS)
The Gundel Decision:

Aim:

To secure the settlement of sports-related disputes

Supreme Court of Sports

Decentralized offices of CAS:

Criticized because only European parties appeared

1996, two permanent decentralized offices in Australia and USA
AD HOC Divisions of CAS:

Article 74 of the Olympic Charter Any Dispute Arising on the occasion, or in

connection with, the Olympic Games shall be submitted exclusively to the Court of
Arbitration for Sport, in accordance with the Code of Sports-Related Arbitration
Specifically created for Olympic Games, Commonwealth Games and European Football
Championships
Because of need of urgent dispute resolution during these tournaments; Decision within
24 hours
On present at the site of the event

Main Function:

Provide services in order to facilitate the settlement of sports related disputes

Advantages:

Specially designed to felicitate the settlement of sports-related international disputes

Quick and confidential

Jurisdiction:

Agreement in writing to let CAS arbitrate their dispute.

Article 27 of CAS of Code of Sports-Related Arbitration Such Disputes may involve
matter of principle relating to sports or matter of pecuniary or others interests brought
into play in the practice or the development of sport, or generally speaking, any activity
related or connected to sport

Type of Disputes:

Sports Related Commercial Disputes

Disciplinary cases
Doping Cases

Procedure:

Ordinary Arbitration Proceedings

Appeal Proceedings
Laws Applicable:

Swiss Arbitration Law

Foreign Law
Sports Organization Rules

Appointment & Challenge of arbitrators:

Arbitrators can only be chosen from within a list of individuals nominated by the ICAS.
Panel of 3 Arbitrators or a sole arbitrator subject to express approval.
Challenge: a. if he does not possess the qualification agreed upon by the parties; b. if
there exist ground for challenge in the arbitration rules adopted by the parties; if
circumstances permit legitimate doubts about his independence

Cost:

Court Fee CHF 1000

Proceedings free of cost
Fixed Cost in football transfer cases

Reforms:

Independence of ICAS
Independence of Arbitrators

Major Cases

Conclusion