CAS Flashcards
What are the origins of the CAS?
. Samaranch (IOC president) credited with the idea of creating a ‘supreme court for world sport’ in 1981
. June 1984: CAS becomes operational under the presidency of Kéba Mbaye (former IOC member and UN judge)
What was the need for an international sporting tribunal?
. Professionalisation and comercialisation of sport led to increasing conflicts
. Lack of an independent body outside IOC or sport federations to settle disputes
. Sports calendar needs quick resolution
. Civil courts: Lengthy procedure and can produce unexpected consequences
. Maintain autonomy of . sport-avoid external interference
What is the structure of CAS?
. International Council of Arbitration for Sport
. CAS Divisions: Ordinary and Appeals
. CAS court office (Lausanne) Decentralised offices (New York and Sydney)
. CAS ad-hoc divisions- number of arbitrators sent to a major event
Explain the International Council of Arbitration for Sport. Main objective, board and tasks
. Supreme organ of the CAS. Its main objective is to safeguard the court’s independence (20 members)
. ICAS exec-board: President, two vice-presidents and vice-presidents of the two CAS divisions
. Main tasks:
- Changes to the arbitration code (rules)
- Appointment of arbitrators
Explain the ordinary CAS division
. Ordinary Arbitration Division (sole instance) -resolves disputes with both parties having to agree
Explain the appeals division of the CAS divisions?
Appeals Arbitration Division
- Sees cases from procedures started within sporting federations
- Doping cases are significant number of workload
Explain the ad-hoc CAS divisions
. Used for major sporting events with arbitrators sent to that event. Raises money for CAS so less reliant on IOC funding
Who are the arbitartors proposed by and appointed by?
. Proposed by -IOC -International Sports Federations - NOCS . Appointed by ICAS -Quota reserved for arbitrators ‘to safeguard the interest of athletes’ - Independent personalities
Explain what the arbitrators need to be
. Recognised independent figures with expertise in sport /sports law
. Intended geographical balance
. Appointed for four years
. Sign independence and confidentiality clause to carry their functions
. Not attached to a particular division
. Arbitration panels: 3 members
How does CAS work with decisions?
. Cases are brought by the parties on common agreement or appeal of decision
. Each part chooses one mediator, third member of panel designated by CAS
. Written and verbal proceedings if needed
. Quick ‘award’ or resolution
. CAS decisions can be challenged before Swiss federal court on limited grounds
Is the CAS really independent?
. Funding comes mostly from IOC
. Arbitrators are mostly western and proposed by IOC/NOCs (cultural dominance?)
. Jurisprudence has shifted at times
What is an example of CAS independence being challenged?
German courts had doubts: The Pechstein case- former skater challenged the independence of the ‘Swiss CAS’
What does the CAS shape its decisions on?
. Predominantly makes decisions based on criteria of previous cases- case law
Why is analysing case law important?
Analysis of awards important to consider the CAS role/position in sport governance
What were the findings of Ken Foster for his typology of CAS case law/awards?
. Lex ludica: Rules of the game. CAS reluctant to enter into this field reserved to federations
. Good governance: educate federations to follow proper decision standards (due process)
. Procedural fairness: Requirements of federations in their disciplinary process need to be clear and high standard
. Harmonisation: Primacy of international federations, recommendations to harmonise-same penalty has the same sanction everywhere
. Fair and proportionate penalties
