The Court of Arbitration for Sport (CAS) plays a crucial role in resolving disputes within the international sports community. This guide from the international sports law attorneys at Global Sports Advocates aims to provide you with a brief overview of how CAS operates and how our firm can help protect your right to compete in the sport you love at CAS.
What Is the Court of Arbitration for Sport?
Established in 1984, the Court of Arbitration for Sport is an independent institution headquartered in Lausanne, Switzerland that serves as the Supreme Court for international sports-related disputes, offering a centralized forum for resolving conflicts through arbitration and mediation.
The court's primary objective is to settle disagreements quickly, efficiently, and cost-effectively, taking into account the unique nature of sports disputes. English is the predominant official working language of the CAS.
Jurisdiction and Types of Disputes
Any arbitrable dispute that is directly or indirectly linked to sports can be submitted to CAS as long as both parties have consented to CAS’s jurisdiction. This includes:
- Anti-doping rule violations (both human and equine)
- Sport integrity issues such as match-fixing
- Commercial disputes, such as those related to sponsorship and broadcasting rights
- Eligibility and team selection disputes
- Governance disputes within sports organizations
CAS operates through three main divisions:
- Ordinary Division: Functions like a typical commercial arbitration body, handling sport-related disputes involving issues such as sponsorship deals, athlete contracts, transfer rules, and media rights.
- Anti-Doping Division: Serves as a first-instance authority for anti-doping cases under delegated powers from the International Olympic Committee, a subset of Olympic International Federations, and other World Anti-Doping Code signatories.
- Appeals Division: Acts as the final appellate body for decisions made by national or international sports governing bodies if the rules of the relevant governing body allow for CAS appeals.
Temporary Ad-Hoc Divisions are created for major competitions such as the Olympics so that issues can be handled in a time-sensitive fashion.
The CAS Process
You must exhaust all available internal remedies before appealing to CAS. This can include having your case heard by national or international federations, professional leagues, internal appeals committees, national courts, or major event organizers. The specific path a case takes before reaching CAS depends on the nature of the dispute, the sport involved, the level of competition, and the relevant governing body’s rules and regulations. What follows is a general guide for what you can expect when filing an appeal with the Court of Arbitration for Sport.
1. Filing a Statement of Appeal
The appeal process begins when an athlete, coach, or sports organization (the Appellant) submits a Statement of Appeal to the CAS Court Office. This document must include:
- the name and full address of the Respondent(s);
- a copy of the decision appealed against;
- the Appellant’s request for relief;
- the nomination of the arbitrator chosen by the Appellant from the relevant CAS list of arbitrators, subject to Article S18, unless the Appellant requests the appointment of a sole arbitrator;
- if applicable, an application to stay the execution of the decision appealed against, together with reasons;
- a copy of the provisions of the statutes or regulations or the specific agreement providing for appeal to CAS.
The Appellant must pay the Court Office fee when filing the statement of appeal. Information about arbitration fees is available on the CAS website.
This Statement of Appeal must be filed within the deadline specified in the relevant regulations. The CAS cannot grant any extension of time for this deadline.
The Appellant has an additional 10 days following the expiration of the time limit to file the Statement of Appeal to submit its appeal brief together with the name(s) of any witnesses (including a brief summary of their expected testimony), the name(s) of any experts (stating their area of expertise), all exhibits, and specification of other evidence upon which it intends to rely.
2. Response
Upon receipt of the grounds for the appeal from CAS, the Respondent will then have 20 days to file an answer containing:
- a statement of defense;
- any defense of lack of jurisdiction;
- any exhibits or specification of other evidence upon which the Respondent intends to rely;
- the name(s) of any witnesses, including a brief summary of their expected testimony; the witness statements, if any, shall be filed together with the answer, unless the President of the Panel decides otherwise;
- the name(s) of any experts it intends to call, stating their area of expertise, and state any other evidentiary measure which it requests
3. Panel Formation
If the parties decide to have a three-member panel decide their case, the President of the Division will appoint the President of the Panel following the nomination of the arbitrator by the Respondent and after consulting the arbitrators. If a sole arbitrator is to be appointed, the President of the Division will decide who will preside unless the parties can otherwise agree on one.
Arbitrators must sign a declaration certifying that they are independent and have no circumstances or affiliations that could compromise their independence. A full list of potential arbitrators is available on the CAS website.
4. Hearing
The parties can agree to have the case decided by written submissions; however, typically, an oral hearing is held either by videoconference, in-person at the Court of Arbitrator for Sport headquarters in Lausanne, or in-person at any location based on the request of the parties. When an hearing is held, parties can expect the following procedure to be followed:
- Opening statements by both parties
- Examination of witnesses and experts brought forth by the Appellant (which would include direct examination, cross-examination, re-examination, and questions from the arbitrators)
- Examination of witnesses and experts brought forth by the Respondent (which would include direct examination, cross-examination, re-examination, and questions from the arbitrators)
- Closing arguments
Hearings are private unless one party requests a public hearing and the Panel decides to hold a public hearing.
5. Deliberation and Award
After the hearing or final submissions, the Panel will deliberate in private. The award is made by majority decision, or by the President alone if no majority is reached. If the case involves an urgent matter, an operative award may be issued prior to the full reasoned decision. The award shall be enforceable from the moment the operative part is sent to the parties.
The award is final and binding upon notification, subject only to limited appeals to the Swiss Federal Tribunal.
Expedited Procedure
An expedited procedure is available for urgent matters, however, both parties must consent for a case to be heard in emergency fashion. Shortened timelines for submissions and decision-making can result in an award being issued within days or weeks of the request.
Confidentiality
At the Appeals Division, the original award, a summary and/or press release setting forth the results of the proceedings shall be made public by CAS, unless both parties agree otherwise. You can view recent decisions on the CAS website. All other elements of the case will remain confidential.
The Importance of Experienced Legal Representation
Given the unique procedures of CAS, athletes, coaches, and sports organizations are advised to seek experienced legal representation when facing a potential dispute at the CAS. Global Sports Advocates attorneys Paul Greene and Matt Kaiser have both handled a wide range of cases before the CAS and our firm is devoted solely to the practice of sports law.
Refer to our case results and testimonials pages to learn about some of our recent successes, including how we helped Bosnia and Herzegovinian swimmer Jovan Lekić get his anti-doping suspension reduced on appeal and how we allowed Russian track and field athlete Darya Klishina to gain the right to compete in the 2016 Rio Olympics.
