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COURT OF ARBITRATION FOR SPORT

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COURT OF ARBITRATION FOR
SPORT
by Felix Majani
Felix.majani@cralaw.com
University of Tillburg, Spring Semester 2010
1
LEGAL BACKGROUND
• Independent institution, Lausanne, 1984.
• Need to offer a quick and inexpensive procedure to
settle sport related disputes.
• 1994:Creation of The International Council of
Arbitration for Sport (ICAS)
• Highest arbitral court in the world of sports.
Awards are final and binding.
• Only appeal to Swiss Federal Tribunal
2
The Code of Sport-related Arbitration
• Established in 1994 and revised in 2003
and January 2010
• It governs the organisation and arbitration
procedures of the CAS.
• Finally, it also contains a set of mediation
rules and ad hoc rules.
3
Structure and functions
• Provides services for settlements of
disputes:
– Arbitration
– Mediation
– Legal Opinions
4
CAS procedures
• Contractual relations or torts – (Ordinary arbitration or
mediation)
• Disputes resulting from decisions taken by the bodies
of sports federations – (Appeals arbitration procedure)
5
How long does CAS arbitration
last?
• Ordinary procedure – between 6 and 12 months
• Appeals procedure – within 6 months
6
MEDIATION
•
•
•
•
•
•
•
•
Parties Make Decision To Settle Or Not
Flexible (procedure and outcome)
Creative, Informal
Private, No Public Record
Can Be Win-Win (both sides better off than
before)
Is not binding on the parties
Can End With No Resolution
No risk: a party can always say “No deal”
7
Under what conditions will the CAS
Intervene?
• WRITTEN AGREEMENT BETWEEN PARTIES
• Such agreement could:
a) Appear in a contract
b) Appear in the statutes or regulations of a sports
organization.
8
JURISDICTION
• Only resolve disputes in case regulations of a sports body provide
for CAS jurisdiction or the parties agree in writing to solve disputes
at the CAS
• FIFA accepts jurisdiction of the CAS (art. 62 of the FIFA Statute)
• 1. FIFA recognises the independent Court of Arbitration for Sport
(CAS) with headquarters in Lausanne (Switzerland) to resolve
disputes between FIFA,Members, Confederations, Leagues, clubs,
Players, Officials and licensed matchagents and players’ agents.
• 2. The provisions of the CAS Code of Sports-Related Arbitration shall
apply to the proceedings. CAS shall primarily apply the various
regulations of FIFA and, additionally, Swiss law.
9
Law applied at the CAS
arbitrations
In Appeal procedures
• Statutes or regulations of the federation, association or sports
related body which issued the appealed decision. e.g article 62.2
FIFA Statute - The provisions of the CAS Code of Sports-Related
Arbitration shall apply to
• the proceedings. CAS shall primarily apply the various regulations of
FIFA and,
• additionally, Swiss law
In Ordinary procedures
• Parties can agree on law applicable. In case there is no agreement,
the Statutes or regulations of the federation, association or sports
related body which issued the appealed decision.
10
Types of proceedings
• Ordinary proceedings. Cases heard at 1st instance
• Appeal proceedings. Involve appeals against
decisions passed at federative or association
level.
11
PARTIES OR LITIGANTS,
NATURE OF DISPUTES
Parties
• Players,athletes, federations, agents and clubs.
• NB - Ordinary proceedures. Any party having a stake or
interest in sports, provided there is an arbittation
agreement before CAS, and CAS has expert arbitrators
on such dispute.
Nature of disputes
• Doping, contracts, training compensation, commercial
agreements, transfers
12
The Arbitrators
•
•
•
•
•
appointment: Nominated by the international sports
federations, international association of players
(FiFpro) international association of clubs. Term – �
years.
Nationalities – 300 arbitrators from more 87 countries
Conflict of interest – not litigate and at the same time
arbitrate.
single arbitrator or two arbitrators and a president,
they are Barristers, Attorneys -at-law and/or Law
Professors selected from all over the world;
They must be experts in Sports Law.
13
Languages
• Official – English, French and Spanish.
Parties can also agree on a different
language, provided the arbitrators have
knowledge of that language.
14
Thank you
15
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