In order to resolve sports-related disputes through arbitration and mediation, two bodies are hereby created:
The disputes to which a federation, association or other sports-related body is a party are a matter for arbitration pursuant to this Code, only insofar as the statutes or regulations of the bodies or a specific agreement so provide. The seat of both ICAS and CAS is Lausanne, Switzerland.
The purpose of ICAS is to facilitate the resolution of sports-related disputes through arbitration or mediation and to safeguard the independence of CAS and the rights of the parties. It is alos responsible for the administration and financing of CAS.
CAS maintains one or more list(s) of arbitrators, and provides for the arbitral resolution of sports-related disputes through arbitration conducted by Panels composed of one or three arbitrators.
CAS comprises of an Ordinary Arbitration Division, an Anti-Doping Division and an Appeals Arbitration Division.
CAS maintains a list of mediators, and provides for the resolution of sports-related disputes through mediation. The mediation procedure is governed by the CAS Mediation Rules.
ICAS is composed of twenty-two members, experienced jurists appointed in the following manner :
The members of ICAS are appointed for one or several renewable period(s) of four years. Such nominations shall take place during the last year of each four-year cycle.
Upon their appointment, the members of ICAS sign a declaration undertaking to exercise their function personally capacity, with total objectivity and independence, in conformity with this Code. They are, in particular, bound by the confidentiality obligation provided in Article R43.
Members of the ICAS may not appear on the list of CAS arbitrators or mediators nor act as counsel to any party in proceedings before the CAS.
If a member of the ICAS resigns, dies or is prevented from carrying out her/his functions for any other reason, she/he is replaced, for the remaining period of her/his mandate, in conformity with the terms applicable to her/his appointment.
ICAS may grant the title of Honorary Member to any former ICAS member and CAS member who has made an exceptional contribution to the development of ICAS or CAS. The title of Honorary Member may be granted posthumously.
ICAS exercises the following functions:
ICAS exercises its functions itself, or through:
1. its Board, composed of the President, the two Vice-Presidents of the ICAS, the President of the Ordinary Arbitration Division and the President of the Appeals Arbitration Division; and,
2. the following permanent commissions:
a. The CAS Membership Commission, composed of two ICAS Members appointed pursuant to Article S4 d. or e. of the Code, one of them being appointed as commission chair, and by the three Division Presidents. The CAS Membership Commission is responsible to propose the nomination of new CAS arbitrators and mediators to the ICAS. It may also suggest the removal of arbitrators and mediators from the CAS lists.
b. The Legal Aid Commission, composed of the ICAS President as commission chair and by the four ICAS Members appointed pursuant to Article S4 d. of the Code. The Legal Aid Commission shall exercise its functions pursuant to the Guidelines on Legal Aid.
c. The Challenge Commission, composed of an ICAS Member to be appointed from outside the IOC, IFs and ANOC selection and membership and who shall act as commission chair, and by the 3 Division Presidents and their Deputies, less the President and Deputy President of the Division concerned by the specific procedure for challenge, who are automatically disqualified. The Challenge Commission shall exercise its functions pursuant to Articles R34 and R35 of the Code.
The ICAS may not delegate to the Board the functions listed under Article S6, paragraphs 1, 2, 6.2 and 6.3.
The President of ICAS is also President of CAS. She/he is responsible for the ordinary administrative tasks pertaining to the ICAS.
The Board of ICAS meets at the invitation of the ICAS President.
The CAS Director General takes part in the decision-making with a consultative voice and acts as Secretary to the Board.
A quorum of the Board consists of three of its members. Decisions are taken during meetings or by correspondence, including by electronic mail or by any other appropriate electronic means, by a simple majority of those voting ; the President has a casting vote in the event of a tie.
A member of ICAS or the Board may be challenged when circumstances allow legitimate doubt to be cast on her/his independence vis-à-vis a party to an arbitration which must be the subject of a decision by ICAS or the Board pursuant to Article S6, paragraph 4. She/he shall pre-emptively disqualify herself/himself when the subject of a decision is an arbitration procedure in which a sports-related body to which she/he belongs appears as a party or in which a member of the law firm to which she/he belongs is an arbitrator or counsel.
ICAS, with the exception of the challenged member, shall determine the process with respect to the procedure for challenge.
The disqualified member shall not take part in any deliberations concerning the arbitration in question and shall not receive any information on the activities of ICAS and the Board concerning such arbitration.
CAS constitutes Panels which have the responsibility of resolving disputes arising in the context of sport by arbitration and/or mediation pursuant to the Procedural Rules (Articles R27 et seq.).
For such purpose, CAS provides the necessary infrastructure , effects the constitution of Panels and oversees the efficient conduct of the proceedings.
The responsibilities of Panels are, inter alia:
2. Arbitrators and mediators
The personalities designated by ICAS, pursuant to Article S6, paragraph 3, appear on the CAS list for one or several renewable period(s) of four years. ICAS reviews the complete list every four years; the new list enters into force on 1 January of the year following its establishment. The CAS arbitrators and mediators who have not been reappointed shall be informed accordingly.
There shall be not less than three hundred arbitrators and fifty mediators.
The ICAS shall appoint personalities to the list of CAS arbitrators with appropriate legal training, recognized competence with regard to sports law and/or international arbitration, a good knowledge of sport in general and a good command of at least one CAS working language, whose names and qualifications are brought to the attention of ICAS, including by the IOC, the IFs, the NOCs and by the athletes' commissions of the IOC, IFs and NOCs. ICAS may identify the arbitrators with a specific expertise to deal with certain types of disputes.
The ICAS shall appoint personalities to the list of CAS mediators with experience in mediation and a good knowledge of sport in general.
ICAS shall publish such lists of CAS arbitrators and mediators, as well as all subsequent modifications thereof.
When appointing arbitrators and mediators, the ICAS shall consider continental representation and the different juridical cultures.
Subject to the provisions of the Procedural Rules (Articles R27 et seq.), if a CAS arbitrator resigns, dies or is unable to carry out her/his functions for any other reason, she/he may be replaced, for the remaining period of her/his mandate, in conformity with the terms applicable to her/his appointment.
Arbitrators who appear on the CAS general list may serve on Panels constituted by either of the CAS Divisions. However, arbitrators appearing on the special list of arbitrators for the CAS Anti-doping Division (ADD) may not serve as an arbitrator in any procedure conducted by the CAS Appeals Arbitration Division.
Upon their appointment, CAS arbitrators and mediators shall sign an official declaration undertaking to exercise their functions personally with total objectivity, independence and impartiality, and in conformity with the provisions of this Code.
CAS arbitrators and mediators may not act as counsel or expert for a party before the CAS.
CAS arbitrators and mediators are bound by the duty of confidentiality, which is provided for in the Code and in particular shall not disclose to any third party any facts or other information relating to proceedings conducted before CAS.
ICAS may remove an arbitrator or a mediator from the list of CAS members, temporarily or permanently, if she/he violates any rule of this Code or if her/his action affects the reputation of ICAS/CAS.
3. Organisation of the CAS
The CAS is composed of three divisions, the Ordinary Arbitration Division, the Anti-Doping Division and the Appeals Arbitration Division.
Arbitration proceedings submitted to CAS are assigned by the Court Office to the appropriate Division. Such assignment may not be contested by the parties nor be raised by them as a cause of irregularity. In the event of a change of circumstances during the proceedings, the CAS Court Office, after consultation with the Panel, may assign the arbitration to another Division. Such re-assignment shall not affect the constitution of the Panel nor the validity of any proceedings, decisions or orders prior to such re-assignment.
The CAS mediation system operates pursuant to the CAS Mediation Rules.
The President of either Division may be challenged if circumstances exist that give rise to legitimate doubts with regard to her/his independence vis-à-vis one of the parties to an arbitration assigned to her/his Division. She/he shall pre-emptively disqualify herself/himself if, in arbitration proceedings assigned to her/his Division, one of the parties is a sports-related body to which she/he belongs, or if a member of the law firm to which she/he belongs is acting as arbitrator or counsel.
ICAS shall determine the procedure with respect to any challenge. The challenged President shall not participate in such determination.
If the President of a Division is challenged, the functions relating to the efficient running of the proceedings conferred upon her/him by the Procedural Rules (Articles R27 et seq.), shall be performed by her/his deputy or by the CAS President, if the deputy is also challenged. No disqualified person shall receive any information concerning the activities of CAS regarding the arbitration proceedings giving rise to her/his disqualification.
CAS includes a Court Office composed of the Director General and one or more Counsel, who may represent the Director General when required.
The Court Office performs the functions assigned to it by this Code.
These Statutes are supplemented by the Procedural Rules and by the Arbitration Rules for the CAS Anti-Doping Division adopted by ICAS.
The French, the English and the Spanish texts are authentic. In the event of any discrepancy, the French text shall prevail.
These Statutes may be amended by decision of the ICAS pursuant to Article S8.
These Statutes and Procedural Rules come into force by the decision of ICAS, taken by a two-thirds majority.