It was set up in 1984 and is under the administrative and financial authority of the International Council of Arbitration for Sport (ICAS).What is CAS?
The Court of Arbitration for Sport is an institution independent of any sports organisation which provides services for settlement of sports-related disputes through arbitration or mediation by means of rules adapted to the specific needs of the sports world.
It was set up in 1984 and is under the administrative and financial authority of the International Council of Arbitration for Sport (ICAS). The CAS has nearly 300 arbitrators from 87 countries, chosen for their specialist knowledge of arbitration and sports law. The CAS head office is in Lausanne, Switzerland, with two decentralised offices in Sydney and New York.
What does CAS do?
The CAS has the task of resolving legal disputes in the field of sport through arbitration. It does this by pronouncing arbitral awards that have the same enforceability as judgements of ordinary courts. It can also help parties solve disputes on an amicable basis through mediation.
It also sets up non-permanent tribunals for major events such as the Olympics and the Commonwealth Games.
Any individual or legal entity – including athletes, clubs, sports federations, organisers of sports events, sponsors or television companies – can have recourse to the services of the CAS.
For a dispute to be submitted to arbitration by the CAS, the parties must agree to this in writing.
How does the arbitration process work?
Once the arbitration request or statement of appeal is filed, the respondent submits a reply to the CAS. After any additional exchange of statements of case, the parties are summoned to a hearing to be heard, produce evidence and argue their case. The final award is communicated to the parties some weeks later, unless it is pronounced the same day (under the appeals procedure). In the context of ordinary arbitration, the parties are free to agree on the law applicable to the merits of the dispute. Failing such agreement, Swiss law applies.
What is the scope of the award?
An award pronounced by the CAS is final and binding on the parties from the moment it is communicated. Judicial recourse to the Swiss Federal Tribunal is allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (e.g. violation of the right to a fair hearing) or incompatibility with public policy.
What is CAS mediation?
Mediation is a non-binding and informal procedure, based on a mediation agreement in which each party undertakes to attempt in good faith to negotiate with the other party, and with the assistance of a CAS mediator, with a view to settling a sports-related dispute.
