What type of dispute can be submitted to CAS and by whom?

Any dispute that is related to sports can be referred to CAS. These can be disputes of a disciplinary nature following a decision by a sports organisation. These can also be disputes of a contractual nature.

Any individual or legal entity can file a claim or appeal with CAS if they have a legal interest. This includes athletes, clubs, sports entities, organisers of sports events, sponsors and television companies.

When does CAS have the jurisdiction to hear a sports dispute?

All Olympic sports federations, the International Olympic Committee and many other sports federations have a clause in their regulations that gives CAS the jurisdiction to settle disputes. Arbitration clauses with recourse to CAS may also be included in contracts used by athletes and sports entities.

Outside of these arbitration clauses, CAS can hear sports disputes on a one-off basis, even after a dispute has arisen, if all Parties agree to do so in writing.

What are the different types of CAS procedures?

There are four types of CAS procedure.

An Ordinary Arbitration Procedure is a dispute that is referred to CAS because Parties have an arbitration clause in a contract, or in the statutes of a sports federation. Ordinary Procedures can also be used by Parties agreeing to have their procedure heard before CAS on a one-off basis.

An Appeals Arbitration Procedure is an appeal against a decision that has first been rendered by a federation or sports-body. In this instance, the federation or sports-body will have a specific arbitration clause in their statutes that makes legal allowance for an appeal to CAS.

A procedure with the CAS Anti-Doping Division is a legal procedure related to doping, whereby CAS acts as a first instance authority to rule on whether a doping offence has been committed. This authority comes from a delegation of powers by the International Olympic Committee, the Olympic International Federations, and other signatories to the World Anti-Doping Code.

CAS also provides mediation services. This is a non-binding and informal procedure where each Party attempts to negotiate in good faith to settle the dispute with the assistance of a CAS mediator. Disputes related to disciplinary matters such as doping issues, match-fixing and corruption are generally excluded from CAS mediation.

How does someone start a CAS procedure?

An Ordinary Arbitration procedure is initiated by a Party sending a request for arbitration to the CAS Court Office.

An Appeals Arbitration procedure is initiated by a Party sending the CAS Court Office a statement of appeal. This procedure can only be filed once the internal legal remedies of the relevant sports organisation or governing body have been exhausted.

Mediation can be initiated by a Party with a request to CAS in writing, ideally after both Parties have reached an agreement to mediate.  

Can you be represented during proceedings?

Many Parties chose to be represented by a lawyer. Parties can also appear alone or be assisted at CAS hearings by a person of their choice.

How does somebody become a CAS arbitrator?

CAS arbitrators are renowned for their expertise in arbitration and/or sports law and carry out their functions with total objectivity and independence. Candidates can apply to ICAS to be appointed as an arbitrator on the official CAS list for a renewable term of four years.

CAS arbitrators are bound by the duty of confidentiality and may not disclose any information connected to a procedure. They also participate in CAS training sessions.

How are arbitrators nominated for a procedure?

Parties can agree to have their case considered by a sole arbitrator or by a 3-member Panel.

For Ordinary Arbitration procedures, each Party chooses an arbitrator from the CAS list, and the designated arbitrators nominate another to be President of the Panel. In the absence of an agreement, the President is chosen by the CAS President of the Ordinary Arbitration Division.

For an Appeals Arbitration procedure, each Party chooses an arbitrator from the CAS list. The President of the Panel is then selected by the CAS President of the Appeals Arbitration Division.

The arbitrators must be independent and have no connection to the Parties involved in a procedure, nor have played any role in the dispute in question. If any of the Parties consider that an arbitrator may not be independent from a Party, they may challenge the arbitrator concerned by filing a petition, in view of their potential removal from the Panel. The ICAS Challenge Commission is the competent authority to rule on petitions for challenge.

What law does CAS apply?

For Ordinary Arbitration procedures, Parties are free to choose which country’s law will be used to govern the substance of the dispute. If there is no agreement, Swiss law applies by default.

For Appeals procedures, arbitrators rule on a case based on the regulations of the sporting body whose decision is being appealed, and secondarily, on the law of the country where the sporting body is domiciled.

The procedural rules are governed by the Code of Sports-related Arbitration.

How long does CAS arbitration last?

CAS offers the sporting world a flexible and faster legal alternative than procedures in civil courts. Cases can be expedited on CAS’ agreement, for matters of urgency such as rendering a decision in advance of a sporting competition.

An Ordinary arbitration procedure typically lasts between 12 and 18 months. For an Appeals Arbitration procedure, the average duration is 6 to 9 months and an Award must be notified within four months of the end of the evidentiary proceedings, such as a hearing.

CAS may also order interim measures within a short time frame, or suspend (stay, in legal terms) the execution of a decision by a federation or governing body, until a case is heard.  

Are arbitration proceedings confidential?

In accordance with international rules of arbitration, all procedures at CAS whilst ongoing are confidential. CAS does reserve the right to communicate on high profile cases of public interest, once a decision is rendered.

A written CAS decision, with or without grounds, is known as an Award.

All awards for Ordinary Arbitration procedures are confidential, unless Parties agree that the Award should be published or ICAS decides there is an overriding public interest.

All awards for Appeals procedures are published, unless Parties request confidentiality or a redaction.

Is it possible to appeal against a CAS award?

All CAS awards are subject to review by the Swiss Federal Tribunal, the highest court of law in Switzerland.

The Swiss Federal Tribunal can set aside CAS awards on the following grounds:

• a sole member of the arbitral tribunal was improperly appointed or the arbitral tribunal improperly constituted

• the arbitral tribunal wrongly accepted or declined jurisdiction

• the arbitral tribunal ruled beyond the claims submitted to it, or failed to decide on one of the claims

• the principle of equal treatment of the Parties or their right to be heard in an adversary procedure were violated

• the award is incompatible with public policy.

On average, 6% of CAS decisions are appealed to the SFT each year.

Which language are procedures conducted in?

Procedures are conducted in English, French or in Spanish. Procedures may be conducted with interpretation in another language upon agreement with the Panel and CAS.

How can someone benefit from Legal Aid? 

ICAS provides financial assistance to cover arbitration costs for those without sufficient means to defend their rights. This includes support with arbitration and hearing costs, filing fees and assistance by a pro bono lawyer. Requests for legal aid are submitted to the ICAS Athletes Commission.

The guidelines for Legal Aid and how to apply are here.

How can someone reduce arbitration costs? 

Arbitration costs can be reduced by requesting an online hearing or requesting a hearing in a CAS alternative hearing centre. They can also be reduced by nominating a sole arbitrator, as opposed to a CAS Panel of three.

Costs for arbitration are outlined here.