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The Court of Arbitration for Sport (CAS), also known as the Tribunal Arbitral du Sport (TAS), is a key institution in resolving sports-related disputes at an international level. Founded in 1984 and headquartered in Lausanne, Switzerland, CAS operates as a specialized tribunal, offering an impartial and efficient framework for resolving conflicts in the sports sector.
Today, we explore how CAS’s ordinary and appeal procedures function, providing a practical guide for sports entities and legal professionals working in this field.
What is the Court of Arbitration for Sport (CAS)?
CAS was established to ensure a dispute resolution system tailored to the sports sector, with a focus on neutrality, speed, and efficiency. It has jurisdiction over contractual and disciplinary disputes involving federations, clubs, athletes, coaches, and agents.
This tribunal has become the preferred conflict resolution mechanism for most international sports federations, including FIFA, the International Olympic Committee (IOC), and other regulatory bodies. This is due to its ability to deliver specialized and binding decisions in the context of sports-related disputes, ensuring an efficient process separate from national courts.
Awards issued by CAS are final, binding, and internationally recognized under the 1958 New York Convention, which ensures their enforceability in over 170 countries.
CAS Proceedings
CAS regulations establish two main procedures:
1. Ordinary Procedure
This mechanism is designed to resolve contractual or commercial disputes within the sports sector, such as conflicts between clubs and players, sponsors, or broadcasting rights.
Key characteristics of the ordinary procedure:
- Initiation: The parties must have an arbitration agreement designating CAS as the competent forum.
- Filing of the Arbitration Request: The process begins with a request detailing the parties, facts, and claims.
- Tribunal Composition: The case is heard by one or three arbitrators selected from CAS’s official list.
- Hearing: Both parties can present evidence, witnesses, and arguments.
- Final Award: Typically issued within six months, the decision is binding and enforceable internationally.
2. Appeal Procedure
Used to challenge disciplinary or administrative decisions made by international and national sports federations.
Key aspects of the appeal procedure:
- Filing Deadline: Appeals must generally be submitted within 21 days of receiving the decision being challenged.
- Case Presentation: The appellant must specify the grounds for the challenge and provide relevant evidence.
- Resolution: After an exchange of written submissions and a hearing, CAS issues an award within a short period, typically within three months of the hearing.
Advantages of Submitting Disputes to CAS
CAS has established itself as the best option for resolving sports disputes due to the following advantages:
- Neutrality: It provides an impartial forum free from potential influences of national jurisdictions.
- Speed: Procedural timelines are designed to ensure timely decisions.
- Expertise: Arbitrators are specialists in sports and commercial law.
- Confidentiality: Proceedings protect the privacy of the parties unless otherwise agreed.
- Global Enforceability: CAS awards are recognized in jurisdictions worldwide.
- FIFA and IOC Recognition: The main sports organizations rely on CAS for conflict resolution, reinforcing its authority and prestige.
Conclusion
The Court of Arbitration for Sport is a fundamental pillar for the resolution of sports disputes globally. Its specialized structure and procedures tailored to the sports context make it a reference model in international arbitration. For clubs, federations, and athletes, understanding how CAS operates is essential to safeguarding their interests and ensuring fair and enforceable decisions.
If you need legal advice or representation before CAS, we recommend consulting a specialized legal team in CAS procedures in Madrid to ensure a strong and effective defense before this international sports arbitration tribunal.
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