The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials
ISBN13: 9789041138736
Published: April 2015
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
The Court of Arbitration for Sport (CAS) provides international sport with an independent authority specialising in sports-related disputes. Able to render binding decisions, CAS is dedicated to the settlement of sporting disputes swiftly and inexpensively.
Since its inception in 1984, it has time and time again earned the recognition and respect of all stakeholders in the sporting world, who regard its decisions as equivalent to judgments passed by state courts. In the words of the Swiss Federal Tribunal: “Having gradually built up the trust of the sporting world, this institution which is now widely recognised … remains one of the principal mainstays of organised sport.”
This is the first comprehensive commentary offering an exhaustive article-by-article analysis of the CAS Rules. Each provision is viewed within the larger context of international arbitration, supplemented by relevant doctrine, case law, and documents and materials from internal CAS practice. Among the topics covered are the following:-
how to validly establish CAS jurisdiction;
how to draft valid requests for arbitration and statements of appeal;
what is the law applicable to CAS proceedings;
what type of provisional measures can be ordered by CAS;
how are ordinary and appeals arbitration procedures conducted;
latest jurisprudence of the Swiss Federal Tribunal in relation to CAS cases; and
practical matters, costs-related issues, including recourse to legal aid.
All significant cases – about contractual issues, eligibility and disciplinary matters, governance issues and other types of disputes typically arising in the world of sport – are treated in depth as they arise under the relevant provisions. This book is an indispensable work of reference for all sports law practitioners; it also offers an interpretive tool to all those interested in sports arbitration and suggests interesting procedural solutions transposable to international arbitration generally.