Court of Arbitration for Sport Flashcards
Where does CAS fit on the Sports Governance framework?
- CAS sits at the Global Sports Law level with ISFs
* National DRB is at the Domestic Sports Law level with NGBs
What is the structure of the Sporting Justice Framework?
CAS
ISFs-Disciplianry Committee
-Appeal Committee
Confederations-Disciplianry Committee
-Appeal Committee
NGBs-Disciplianry Committee
-Appeal Committee
Explain the order of the sporting justice framework
- Most start at NGB level with disciplinary proceeding e.g. betting violation by Joey Barton
- Then player may go to Appeal Panel at NGB level e.g. National DRB
- proceedings may end at national level but may have the right to appeal to higher level
- May appeal at confederat level and then ISF level and finally CAS
- Parties cannot skip levels e.g. appeal straight to CAS as you may be turned away for not having jurisdiction
Why did ISFs feel the need to introduce a sporting justice framework?
In order to keep autonomy of sport and prevent cases going to public law
How did the Gundel vs FEI case impact CAS?
In 1994, CAS reconstituted itself to ensure it was suitably independent & had no potential conflict of interest with organisations such as the IOC
What has CAS been a key driver in?
- Modernisation and standardisation of the rules and procedures of sporting bodies
- Ensuring autonomy of sport by developing lex sportiva (sports law)
What two important documents govern the working and jurisdiction of CAS?
- Statutes of the Bodies Working for the Settlement of Sports Related Disputes (internal aspects of CAS)
- Procedural Rules (most important)
What is rule 27 under Procedural Rules?
Mechanics of Jurisdiction
“These Procedural Rules apply whenever the parties have agreed to refer a sports-related dispute to CAS
What are the mechanics of jurisdiction?
- arbitration clause contained in a contract
- regulations
- by reason of a later arbitration agreement (ordinary arbitration proceedings)
- appeal against a decision rendered by a federation, association or sports-related body where appeal to CAS is allowed(appeal arbitration proceedings)”
Explain the mechanic of an Arbitration Clause?
Any dispute arising from or related to the present contract will be submitted and awarded by CAS in accordance with the Code
Explain the mechanic of Regulations
• Reference to CAS in sporting body regulations
e.g. FIFA statutes
“FIFA recognises the independent CAS… to resolve disputes involving FIFA members
What are the two forms of arbitration that can be heard by CAS?
- Ordinary arbitration
* Appeal arbitration
Explain the mechanic of an appeal arbitration
• Parties may be appeal to appeal decision to CAS e.g. FIFA statutes
“Decisions by the Appeal Committee shall be irrevocable and binding on all the parties concerned. This provision is subject to appeals lodged with (CAS)”
What are the main steps in the ordinary arbitration process?
- File request for arbitration (Rule R.38)
- Formation of Panel (Rule R.40)-sole arbitrator or panel
- Written submissions/Oral hearing (Rule R.44)-choice
- Award (R.46)-binding and taken to NGB for implementation
Explain the panel for CAS proceedings
- Most before panel of 3 arbitrators but can be sole
* Each party choose one arbitrator from CAS list and independent arbitrator
What are appeal arbitrations?
Appeals from the decisions of ISFs to CAS which rehear a dispute and come to the final verdict
What are the key aspects of appeal arbitrations
- Appeal (Rule R.47): if there is submission of jurisdiction and the appellant exhausted all legal remedies available e.g. should go to NGB appeal panel first
- Filing the statement of appeal (Rule R.48)-claim form
- Time limits on the appeal (Rule R.49): in the absence under the regulations, it is 21 days from the receipt of the decision
- Appointment of arbitrator/arbitrators (Rule R.54)
- Submissions and Hearing (Rules R.56&57)
- Award (Rule R.59)
What have most of the commercial disputes of CAS related to?
Many recent decisions relate to the complexity of the FIFA Regulations for the Status and Transfer of Players
Explain the commercial dispute of the FC S Donetsk v Matazulem and R Zaragoza and FIFA (2008) case and the impact of CAS
- Wide range of issues related to breach of contract. CAS had to determine: (1) The law applicable to the dispute; (2) Whether a release clause was a properly constructed liquidated damages clause or a genuine buy-out clause; (3) The sum to be calculated following this breach of contract
- The case demonstrates some of the benefits of a specialist sports tribunal, especially for ISFs such as FIFA. e.g. costs, time, lack on interogation of FIFA regs
What are eligibility disputes?
rare but can involve complex, unusual and wide-ranging areas of law
Explain some cases of eligibility disputes
- Pistorius v IAAF (2008) re. disability discrimination. IAF decision was not a conclusion that could be reasonably be drawn from scientific evidence
- Gibralter Badminton Association v IBF (2001) re. eligibility to compete as a country. Decision by IBF was not discriminatory and for the benefit of the sports as a whole
- IFA v FAI, Daniel Kearns and FIFA (2010) re. eligibility criteria at international level. Upheld decision of FIFA Players’ Status Committee re. Article 15, 16, 17 and 18 on eligibility for the Republic of Ireland.
Explain the case law on Doping disputes
WADA Code nominates CAS as the final tribunal for international events
• Doping appeal is one of the most common cases heard by CAS
What important doping cases have gone to CAS?
- Baxter v IOC (2002) re. the duty is on the athlete to ensure no prohibited substance enters their body
- Raducan v IOC (2000) re. no need to prove fault, intention, knowledge or negligence by the athlete, especially substances banned as performance-enhancing. Considered to undermine integrity of the result
- ITF v Gasquet and WADA v Gasquet (2009) re. acting without fault or negligence in case involving small traces of cocaine
Explain the issue of Challenges to CAS Before the Swiss Federal Tribunal
- The SFT is the Supreme Court in Switzerland and can review CAS decisions to ensure it is acting lawfully, in adherence to rules of natural justice and in accord with public policy
- It does not act as an appeal court-has to be about procedural fairness
- Increased challenges from CAS to SFT, but few decisions overturned
