CAS: How to Appeal a Decision Before the CAS and When It Is Possible

Headquartered in Lausanne, Switzerland, the Court of Arbitration for Sport (CAS) serves as the final arbitral authority for disputes in professional sports. But what happens when a party disagrees with a decision?

What is an appeal before the CAS?

The CAS may act as an appellate tribunal for decisions issued by sports federations, leagues, Olympic committees, or other sporting bodies. In these cases, parties may file an appeal in accordance with the CAS Code of Sports-related Arbitration, within 21 days of receiving the reasoned decision.

Such appeals aim to review the legality of the decision, its consistency with applicable regulations, and compliance with due process. Appeals may involve misapplication of sports rules, errors in evidentiary assessment, or procedural violations.

Who can appeal?

Any party affected by a sporting decision that recognises CAS jurisdiction may file an appeal, including:

• Athletes sanctioned for doping or disciplinary offences;
• Clubs subject to sporting or contractual sanctions;
• Federations contesting decisions by international or supranational bodies;
• National Olympic Committees;
• Licensed agents or representatives with standing to appeal.

CAS appeal procedure

The appeal process involves several stages:

1. Notice of appeal: Filed within 21 days, identifying the parties, the contested decision, and the scope of the appeal.
2. Appeal brief: A formal submission detailing the legal grounds and evidence.
3. Appointment of arbitrators: According to the CAS Code.
4. Oral hearing or written proceedings: Depending on the complexity of the case.

Costs of the procedure

Proceedings before the CAS may be:

• Free of charge in certain cases (e.g. amateur doping matters), pursuant to Article R65 of the CAS Code;
• Standard proceedings, with a CHF 1,000 filing fee, plus arbitrators’ fees, legal representation, and procedural costs.

Estimated duration

In general, a CAS appeal is resolved within 90 to 180 days. Expedited procedures are available for urgent cases, such as during ongoing competitions.

Appeals against CAS awards: Review by the Swiss Federal Tribunal

In principle, CAS awards are final. However, under Article 190(2) of the Swiss Private International Law Act, it is possible to file a motion to set aside the award before the Swiss Federal Tribunal. This is not an appeal on the merits, but a review limited to fundamental procedural guarantees:

• Improper constitution of the arbitral tribunal;
• Lack of jurisdiction;
• Decision beyond the scope of the request for relief;
• Violation of the right to be heard;
• Incompatibility with Swiss public policy.

Such grounds must be raised within 30 days from the notification of the award.

Conclusion

Filing an appeal before the CAS or seeking to set aside one of its awards is a highly specialised process. Understanding the applicable time limits, legal grounds, and procedural requirements is key to maximising the chances of success. Expert legal representation in international sports arbitration is essential in these situations.

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