Design/methodology/approach: The author reviews relevant law literature and media sources.
Abstract : Purpose: The Court of Arbitration for Sport (CAS), created by the International Olympic Committee (IOC) in 1983, resolves disputes between athletes and national or international sports governing bodies. The purpose of this paper is to critically examine the history and functions of CAS, with a particular focus on the ways in which athletes' rights are threatened by the IOC's Code of Sports-Related Arbitration. Design/methodology/approach: The author reviews relevant law literature and media sources. Findings: The concept of lex sportiva (global sport law), general arbitration practices and controversies concerning CAS's impartiality are investigated, and the "strict liability" principle that CAS applies to doping allegations is assessed. This analysis points to a long record of inconsistencies and contradictions in the history and function of CAS. The findings lead to questions of arbitration or litigation; confidential or public proceedings; specialist or generalist arbitrators; lex sportiva or international legal principles; precedential or non-precedential awards; and civil or criminal burden of proof. Originality/value: These unresolved issues demonstrate how the IOC struggles to maintain supremacy over world sport by promoting sport exceptionalism, and provide possible grounds for athletes' future challenges to CAS.
This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of ...
Author: Johan Lindholm
This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umeå University in Sweden.
This book is a comprehensive exploration of the provisions of the Court of Arbitration for Sport (CAS).
Author: Despina Mavromati
Publisher: Kluwer Law International
This book is a comprehensive exploration of the provisions of the Court of Arbitration for Sport (CAS). Providing detailed analysis of the CAS Rules. Each provision is viewed within the larger context of international arbitration, in Switzerland, and procedural solutions are suggested which are transposable to international arbitration generally.--Provided by publisher.
This book presents an interdisciplinary approach to examining gender-related sports dispute resolution by the Court of Arbitration.
Author: Helen Jefferson Lenskyj
Publisher: Emerald Group Publishing
This book presents an interdisciplinary approach to examining gender-related sports dispute resolution by the Court of Arbitration. Identifying complexities around gender, gender binaries, and the ways in which intersecting identities complicate resolutions, the author demonstrate how athletes' rights are threatened by a forced arbitration process.
I am very pleased and proud to write the Foreword to this Book on the occasion of the Court of Arbitration for Sport (CAS) having completed its first twenty years of operations.
Author: I. S. Blackshaw
Publisher: T.M.C. Asser Press
I am very pleased and proud to write the Foreword to this Book on the occasion of the Court of Arbitration for Sport (CAS) having completed its first twenty years of operations. And I warmly congratulate the ASSER International Sports Law Centre and the Editors, Ian Blackshaw, Rob Siekmann and Janwillem Soek – in cooperation with Andrew Gibson, Griffith University, Brisbane, Australia, and Steve Cornelius, University of Johannesburg, South Africa –, on their joint initiative in putting together and publishing this Book. The CAS has come a long way since the idea of establishing it was first mentioned by Juan Antonio Samaranch, the former IOC President. His vision and confidence in its future have been truly vindicated. Since its creation and up to 31 December 2003, 576 cases have been submitted, of which 550 were requests for arbitration and 26 for an advisory opinion. In 2004, there was a sharp rise in the number of cases handled by the CAS and this trend continues apace. Thus, the CAS goes from strength to strength and has a great future, having, in the words of the Swiss Federal Tribunal in its landmark judgement of 27 May 2003, “built up the trust of the sporting world [and] . . . now widely recognised . . . [as] . . . one of the principal mainstays of organised sport.
The Russian doping scandal that rocked the sporting world during the past 2 years is far from over.
Author: Antoine Duval (juriste.)
The Russian doping scandal that rocked the sporting world during the past 2 years is far from over. The World Anti-Doping Agency is still in turmoil over its total failure to discover the Russian doping scheme and the International Olympic Committee and other Sports Governing Bodies are still struggling to find the appropriate response to Russia's total disregard of the spirit and letter of the World Anti-Doping Code. Yet the recent publications of a string of awards related to the scandal by the Court of Arbitration for Sport (CAS) provides us with the opportunity to offer some preliminary reflections on the role of the CAS in dealing with the consequences of the scandal for the world anti-doping system at large. This article analyses the relevant CAS awards in a chronological order. It will start with the 'IAAF Award', before turning to the awards rendered by the CAS ad hoc Division in Rio, and finishing with the 'IPC award'. The modest ambition of this paper is to retrace the reasoning used by the CAS panels and to analyse its broader consequences for the practical operation of the world anti-doping system.
The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field.
Author: Antoine Duval
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.
" Whether a CAS panel decides in ordinary arbitration proceedings or in an appeal brought against the decision of a federation, association or sports related body, the Swiss Federal Supreme Court in Lausanne has the last word where the ...
Author: Paolo Michele Patocchi
Publisher: Juris Publishing, Inc.
The Swiss International Sports Arbitration Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court in setting aside proceedings against awards made by Court of Arbitration for Sport (CAS) panels, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court’s website. The English translation is presented parallel to the original text of each decision, and is preceded by a head note and a summary of the decision for the reader in a hurry. The importance of the CAS based in Lausanne is well known to all practitioners engaged in sports law and arbitration. It was once famously described as the "Supreme Court of World Sports." Whether a CAS panel decides in ordinary arbitration proceedings or in an appeal brought against the decision of a federation, association or sports related body, the Swiss Federal Supreme Court in Lausanne has the last word where the dissatisfied party challenges the CAS panel’s decision in court proceedings.This work is edited by two well-known Swiss practitioners, both of whom are engaged full-time in international arbitration as counsel and arbitrators, and have published widely on issues of international law and arbitration. This publication will be of great use to arbitrators, parties, lawyers involved in sports arbitration as well as commentators who will benefit from access to case law in one key jurisdiction for international sports arbitration.
An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation.
Author: David McArdle
An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.