Court of Arbitration for Sport: Resolving Sports-Related Disputes

Court of Arbitration for Sport (CAS) Lausanne, Switzerland

DATE: 11/08/2024

The Court of Arbitration for Sport (CAS) is an independent institution providing services to facilitate the settlement of sports-related disputes through arbitration or mediation, employing procedural rules adapted to the specific needs of the sports world. Established in 1984, CAS operates under the administrative and financial authority of the International Council of Arbitration for Sport (ICAS). With close to 300 arbitrators from 87 countries, selected for their expertise in arbitration and sports law, CAS handles approximately 300 cases annually.

The Court of Arbitration for Sport (CAS) serves as an independent institution offering services for the resolution of sports-related disputes through arbitration or mediation. It handles a wide range of disputes, including those of a commercial nature, such as sponsorship contracts, as well as disciplinary matters resulting from decisions made by sports organizations, for example, doping cases. The CAS provides a specialized platform tailored to the unique needs of the sports world, ensuring fair and informed resolution of a variety of disputes.

The establishment of the International Council of Arbitration for Sport (ICAS) and the restructuring of the Court of Arbitration for Sport (CAS) were formally sanctioned in Paris on 22 June 1994 with the endorsement of the “Agreement concerning the constitution of the International Council of Arbitration for Sport,” also known as the “Paris Agreement.” This pivotal moment was marked by the signing of the agreement by prominent figures within the sports world, including the presidents of the IOC, the Association of Summer Olympic International Federations (ASOIF), the Association of International Winter Sports Federations (AIWF), and the Association of National Olympic Committees (ANOC).

The preamble of the Agreement articulates the intention to facilitate the resolution of disputes in the realm of sports by establishing the “Court of Arbitration for Sport” (CAS) and the creation of a foundation for international sports-related arbitration, named the “International Council of Arbitration for Sport” (ICAS). Central to this initiative is the emphasis on protecting the rights of the involved parties before the CAS and ensuring the complete autonomy of this institution under the ICAS’s auspices.

Crucially, the Agreement specified the selection process for the initial members of the ICAS and allocated resources for the funding of the CAS. In 2003, the combined budget for the ICAS and CAS reached CHF 7.3 million.

Subsequent to the signing of the Paris Agreement, all Olympic International Federations and numerous National Olympic Committees have acknowledged the jurisdiction of the Court of Arbitration for Sport, incorporating an arbitration clause referring disputes to the CAS in their respective statutes. Moreover, following the World Conference on Doping in Sport in March 2003, both the Olympic Movement and several governments have endorsed the World Anti-Doping Code. Notably, Article 13 of this code designates the CAS as the appellate body for all international doping-related disputes.

Submission of Sport Disputes

The Court of Arbitration for Sport (CAS) plays a crucial role in resolving sports-related disputes through arbitration or mediation. Its jurisdiction is specified in Article R27 of the Code, which mandates that disputes must be connected to sport for CAS to have jurisdiction.

CAS handles two main types of disputes:

1. Commercial Disputes: These involve issues related to the execution of contracts, including sponsorship, sale of television rights, sports event staging, player transfers, player-coach or club-agent relations, and civil liability matters arising from sports competitions.
2. Disciplinary Cases: This category includes a significant number of doping-related cases, as well as other disciplinary matters such as violence on the field of play or abuse of a referee. These cases are initially addressed by sports authorities and may be appealed to CAS, which acts as the court of last instance.

The Code of Sports-related Arbitration of 22 November 1994

In November 22, 1994, the Code of Sports-related Arbitration (hereinafter: the Code) was established to govern the organization and arbitration procedures of the CAS. The Code underwent a revision in 2003 to integrate long-established principles of CAS case-law and practices consistently followed by the arbitrators and the Court Office. The most recent version of the Code of Sports-related Arbitration came into effect on January 1, 2010. This 70-article Code is structured into two parts: the Statutes of bodies working for the settlement of sports-related disputes (articles S1 to S26), and the Procedural Rules (articles R27 to R70). Additionally, since 1999, the Code has included a set of mediation rules instituting a non-binding, informal procedure that provides parties with the option of engaging in negotiations, with the assistance of a mediator, to reach an agreement to settle their dispute.

The Code thus establishes rules for four distinct procedures:

the ordinary arbitration procedure;
the appeals arbitration procedure;
the advisory procedure, which is non-contentious and allows certain sports bodies to seek advisory opinions from the CAS;
the mediation procedure.

CAS Headquarters

Palais de Beaulieu
Avenue Bergières 10
CH-1004 Lausanne, Switzerland
Tel : (41 21) 613 50 00
Fax : (41 21) 613 50 01
General questions: info(at)tas-cas.org
Media enquiries: media(at)tas-cas.org
Filing of submissions and exhibits: procedures(at)tas-cas.org
Anti-Doping Division: antidoping(at)tas-cas.org

Ad hoc Division for the Olympic Games Paris 2024:

29th Floor
Tribunal Judiciaire de Paris
Parvis du Tribunal de Paris
29-45 avenue de la Porte de Clichy
75017 Paris
France
Email: adhocdivision@tas-cas.org
Tel: +33 6 71 34 12 17

Read also:

Arbitration Rules for Olympic Games: CAS Ad Hoc Division