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Exploring Court of Arbitration for Sport


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									Exploring Court of Arbitration for Sport

                   Christy N. Lee

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

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

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

   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)
List of Arbitrators by Nationality

   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

   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
The Court Office Fee

   When filing the request, the claimant shall
    pay a minimum fee of Swiss francs 500
    (or $ 335. 57)
Articles R 28 of the Code

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

   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

   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
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
Ordinary Arbitration Proceedings

   Two successive phases (pleading)
    –   Written phase
    –   Oral phase
   Hearing- not public
   Award
    –   Majority decision
    –   Final and binding
Issues of Impartiality and Fairness

   Reasons behind CAS’s 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
    –   Consistency in legal standards
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
Recognition of Judgment

   New York Convention
    –   Recognition and enforcement of foreign award
    –   Unclear if CAS award will always be enforced
Advisory Opinions

   Issue non-binding advisory opinions at the
    request of associations recognized by IOC
   Sole discretion of CAS President to hear the
Evaluation- main purposes well served?

   Inexpensive?
    –   Filing fees : 500 Swiss Francs ( $ 335. 57)
    –   Administrative fees
    –   Arbitrators fees
Administrative Cost
1.00 Swiss Franc = 0.8482 U.S. Dollar                     www.tas-cas.org

Disputed Sum in Swiss Francs       Administrative Cost in Swiss Francs

Up to 50,000                       100- 2,000

50,001-100,000                     2,000 + 1.50 % amount excess of 50,000

100,001-5,000,000                  2,750 + 0.75 % amount excess of 100, 000

5,000,001- 1,000,000               5,750 + + 0.50 amount excess of 500,000

1,000,001- 2,000,000               8250 + 0.20% amount excess of 1,000,000

2,000,001- 5,000,000               10, 250 + 0.10% amount excess of 2,000,000

5000, 000- 10, 000,000             13, 250 + .05 % amount excess of 5,000,000

Above 10,000,000
Arbitrators Costs and Fees

   Fixed by CAS
   Hourly rate of CHF 250
   Reimbursement of Arbitrators’ travel, meals,
    and lodging
Evaluation- main purposes served?

   Fast?
    –   Ordinary: 6- 12 months
    –   Appeals: within 4 months

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

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