Protection of Athletes' Rights Before the Court of Arbitration for Sport

The Court of Arbitration for Sport (“CAS”) was established in 1984 with the aim of facilitating the resolution of sports-related disputes through arbitration or mediation, in accordance with procedures tailored to the specific needs of the sports world. The CAS head office is in Lausanne, Switzerland.

In addition to athletes, CAS can be approached by clubs, sports federations, sporting event organizers, sponsors, broadcasters, and other interested parties in the sports industry.

Types of disputes resolved may be:

• commercial in nature (e.g., disputes related to sponsorship agreements, player transfers, financial obligations), or
• disciplinary in nature (e.g., doping cases).

Conditions for Submitting a Dispute to CAS

 For a dispute to be submitted to CAS arbitration, the parties must agree to this in writing (such an agreement may relate only to a single specific case or be included in a contract, statute, or regulations of a sports organization). Parties may agree in advance that any future dispute will be submitted to CAS arbitration, or they may refer a dispute to CAS after it has arisen.

Types of Arbitration Procedures

There are two types of arbitration procedures before CAS:

• ordinary arbitration procedure (for disputes arising from contractual relationships or non-contractual obligations), and
• appeals arbitration procedure (for disputes arising from decisions made by internal bodies of sports organizations).

 Proceedings are conducted in French or English, and under certain conditions, another language may be used. 

Initiation of Arbitration Proceedings

 The party wishing to initiate proceedings files a request for arbitration (under the ordinary procedure) or an appeal (under the appeals procedure) with CAS. It is important to emphasize that an appeal may be filed only after all internal legal remedies of the relevant sports organization have been exhausted. Parties may represent themselves or be represented by another person of their choice.

Course of Arbitration Proceedings

 After the filing of a request for arbitration or an appeal, the opposing party is invited to submit a reply. Further exchange of submissions may follow, after which the parties are summoned to a hearing where they will be heard, present evidence, and set forth their arguments.

 In ordinary arbitration, the parties are free to agree on the law applicable to the merits of the dispute. If no such agreement is reached, Swiss law applies. In appeals arbitration, arbitrators decide based on the regulations of the body concerned by the appeal, and subsidiarily on the law of the country where that body is domiciled.

 The ordinary arbitration procedure usually lasts less than one year. In appeals arbitration, an award must be pronounced within three months from the time the case is submitted to the arbitral panel (in exceptional cases, this period may be extended to four months). In urgent cases and upon special request, CAS may issue interim measures or suspend enforcement of the contested decision within a very short time.

CAS Award

 The award pronounced by CAS is final and binding on the parties from the moment it is communicated to them. Judicial review by the Federal Supreme Court of Switzerland of appeals against CAS awards is permitted only for a limited number of grounds, such as lack of jurisdiction, violation of fundamental procedural rules (e.g., the right to a fair trial), or incompatibility with public policy.

Costs of Arbitration

 Arbitration costs largely depend on the value of the dispute, and their moderate level makes arbitration before CAS a financially accessible and efficient means of resolving sports disputes.

CAS Mediation

 CAS also offers the possibility of resolving disputes through mediation, a voluntary and informal process based on a mediation agreement, where each party undertakes to negotiate in good faith with the other party, assisted by a CAS mediator, with the aim of amicably resolving the dispute.

Conclusion

 CAS is a key mechanism for the protection of athletes' rights at the international level. Its transparent and flexible procedure enables athletes, as well as other interested parties, to obtain impartial and timely decisions, thereby safeguarding their rights and interests. Through its activities, CAS contributes to maintaining legal certainty and fair competition in sports, which is essential for the development, integrity, and credibility of sports activities worldwide.

Milena Đukić
Associate

milena.djukic@prlegal.rs; legal@prlegal.rs;