Journal articles: 'Court of arbitration for sport (TAS-CAS)'

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Lenskyj, Helen. "Sport exceptionalism and the Court of Arbitration for Sport." Journal of Criminological Research, Policy and Practice 4, no. 1 (March 12, 2018): 5–17. http://dx.doi.org/10.1108/jcrpp-01-2018-0002.

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Purpose The Court of Arbitration for Sport (CAS), created by the International Olympic Committee (IOC) in 1983, resolves disputes between athletes and national or international sports governing bodies. The purpose of this paper is to critically examine the history and functions of CAS, with a particular focus on the ways in which athletes’ rights are threatened by the IOC’s Code of Sports-Related Arbitration. Design/methodology/approach The author reviews relevant law literature and media sources. Findings The concept of lex sportiva (global sport law), general arbitration practices and controversies concerning CAS’s impartiality are investigated, and the “strict liability” principle that CAS applies to doping allegations is assessed. This analysis points to a long record of inconsistencies and contradictions in the history and function of CAS. The findings lead to questions of arbitration or litigation; confidential or public proceedings; specialist or generalist arbitrators; lex sportiva or international legal principles; precedential or non-precedential awards; and civil or criminal burden of proof. Originality/value These unresolved issues demonstrate how the IOC struggles to maintain supremacy over world sport by promoting sport exceptionalism, and provide possible grounds for athletes’ future challenges to CAS.

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Ioannidis, Gregory. "BOA v WADA: Harmonisation v Self-Regulation." Denning Law Journal 24, no. 1 (November 27, 2012): 179–76. http://dx.doi.org/10.5750/dlj.v24i1.397.

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The area of anti-doping in sport has always been fascinating, exciting, as well as complicated and controversial. The two latter aspects have been entrenched, in case law and statutory law and the highest Court in sport, namely the Court of Arbitration for Sport (CAS), in Lausanne, Switzerland. This court has had the opportunity to develop important principles of sports law. One of these principles is the subject matter of the present case commentary and relates to the principle of self-regulation. In other words, it examines the ability of sporting governing bodies to regulate their sport and concentrates on the legality of such self-regulation. In doing so, this case commentary will also examine the particular importance sports law jurisprudence attaches on the contractual relationship between sporting governing bodies and athletes. Such analysis should help readers understand the nature of regulation in sport, as well as the reasoning behind the decision of the Court of Arbitration for Sport in the case under analysis.

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Diaconu, M., S. Kuwelkar, and A. Kuhn. "The court of arbitration for sport jurisprudence on match-fixing: a legal update." International Sports Law Journal 21, no. 1-2 (March 17, 2021): 27–46. http://dx.doi.org/10.1007/s40318-021-00181-3.

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AbstractThe Court of Arbitration for Sport (CAS) jurisprudence on manipulation of sports competitions has vastly evolved from its initial award in RSC Anderlecht in 1998, to now Labuts in August 2020. Alongside, international and national regulations, as well as sporting regulations, including, most recently, the Council of Europe’s Macolin Convention on the Manipulation of Sports Competitions, have sought to effectively tackle the omnipresent, ever-growing phenomenon of competition manipulation. Against this backdrop, this article briefly outlines the existing legal landscape on manipulation, followed by a chronological detailing of each CAS issued award. The key aspects of defining such sanctionable behaviour, select issues of standard of proof and types of evidence which are admissible and relied on, as well as the manner and quantum of sanction are then analysed. Ultimately, noting empirical trends across these awards, questions on ne bis in idem, proportionality of sanctions and legal certainty across CAS jurisprudence are raised.

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Đurđević, Nenad. "Slučaj Pechstein – punovažnost odluka arbitražnog suda za sport u Lozani (CAS) i njihovo priznavanje pred nacionalnim sudovima." Zbornik radova Pravnog fakulteta u Splitu 54, no. 2 (April 25, 2017): 343–59. http://dx.doi.org/10.31141/zrpfs.2017.54.124.343.

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Uporedno-pravna rešenja podstiču arbitražno rešavanje sporova u oblasti sporta, a pravila mnogih međunarodnih sportskih saveza zabranjuju članicama da vode sudske sporove pod pretnjom zabrane nastupa na međunarodnim takmičenjima. Najznačajniji i najpopularniji arbitražni sud za razrešavanje međunarodnih sporova u domenu sporta jeste Arbitražni sud za sport Lozani (The Court of Arbitration for Sport – CAS) sa sedištem u Lozani (Švajcarska). Da bi CAS bio nadležan za rešavanje određenog spora, on mora biti podoban za arbitražu i mora postojati punovažan arbitražni sporazum. Osim toga, za punovažnost odluka CAS-a važe isti procesni zahtevi kao i za odluke državnih sudova: nezavisnost suda, pravo stranke da bude saslušana, pravo na pošteno suđenje, zabrana retroaktivnih pravila i kazni, načelo ne bis in idem, načelo proporcionalnosti u odmeravanju kazne, načelo nezavisnosti sudije, načelo pisanog obrazloženja odluke. Autor u radu razmatra pitanje punovažnosti i obaveznosti odluka koje donosi CAS i mogućnosti njihovog osporavanja pred nacionalnim sudovima, kako nacionalnim sudovima prema sedištu CAS-a tako i nacionalnim sudovima strana u sportu (u postupku izvršenja odluka CAS-a ili nezavisno od toga). Ovo pitanje je posebno razmotreno u svetlu tzv. slučaja Pechstein (tužba Claudie Pechstein protiv International Skating Union za naknadu štete zbog dvogodišnje zabrane takmičenja usled dopinga) koji je svoj epilog dobio presudom nemačkog Vrhovnog saveznog suda (Bundesgerichtshof) od 7. juna 2016. godine, a ticao se upravo punovažnosti arbitražnog sporazuma o nadležnosti CAS-a i priznavanja odluke CAS-a, kao strane arbitražne odluke, od nemačkih sudova.

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Holzer, Lena. "What Does it Mean to be a Woman in Sports? An Analysis of the Jurisprudence of the Court of Arbitration for Sport." Human Rights Law Review 20, no. 3 (September 2020): 387–411. http://dx.doi.org/10.1093/hrlr/ngaa020.

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ABSTRACT This article explores the definition of ‘sportswoman’ as put forward in the Caster Semenya case (2019) and the Dutee Chand case (2015) before the Court of Arbitration for Sport (CAS). It analyses the structural and discursive factors that made it possible for the CAS to endorse a definition that reduces sex and gender to a matter concerning testosterone. By relying on the concept of intersectionality and analytical sensibilities from Critical Legal Studies, the article shows that framing the cases as a matter of scientific dispute, instead of as concerning human rights, significantly influenced the CAS decisions. Moreover, structural elements of international sports law, such as the lack of knowledge of human rights among CAS arbitrators and a history of institutionalising gendered and racialised body norms through sporting regulations, further aided the affirmation of the ‘testosterone rules’.

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Kee-Young Yeun. "Roles and Problems of the Korea Sports Arbitration Committee (KSAC) comparing with the International Court of Arbitration for Sport (CAS)." Journal of Sports and Entertainment Law 11, no. 1 (February 2008): 91–127. http://dx.doi.org/10.19051/kasel.2008.11.1.91.

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Wekesa, Moni. "The Court of Arbitration for Sport (CAS): its relevance to Kenya after Pechstein?" International Sports Law Journal 18, no. 1-2 (February 22, 2018): 46–60. http://dx.doi.org/10.1007/s40318-018-0121-3.

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Ivy, Veronica, and Aryn Conrad. "Including Trans Women Athletes in Competitive Sport." Philosophical Topics 46, no. 2 (2018): 103–40. http://dx.doi.org/10.5840/philtopics201846215.

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In this paper, we examine the scientific, legal, and ethical foundations for inclusion of transgender women athletes in competitive sport, drawing on IOC principles and relevant Court of Arbitration for Sport decisions. We argue that the inclusion of trans athletes in competition commensurate with their legal gender is the most consistent position with these principles of fair and equitable sport. Biological restrictions, such as endogenous testosterone limits, are not consistent with IOC and CAS principles. We explore the implications for recognizing that endogenous testosterone values are a ‘natural physical trait’ and that excluding legally recognized women for high endogenous testosterone values constitutes discrimination on the basis of a natural physical trait. We suggest that the justificatory burden for such prima facie discrimination is unlikely to be met. Thus, in place of a limit on endogenous testosterone for women (whether cisgender, transgender, or intersex), we argue that ‘legally recognized gender’ is most fully in line with IOC and CAS principles.

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손창주. "An Overview for the Court of Arbitration for Sport (CAS) as the Authority to Settle the Sports-related Disputes." JOURNAL OF ARBITRATION STUDIES 28, no. 1 (March 2018): 43–75. http://dx.doi.org/10.16998/jas.2018.28.1.43.

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Vasilyev, Ilia, Sergey Yurlov, and Natalia Kisliakova. "Issues of Using Evidence and the Process of Proof in the Court of Arbitration for Sport (CAS)." Law. Journal of the Higher School of Economics, no. 5 (December 30, 2019): 167–98. http://dx.doi.org/10.17323/2072-8166.2019.5.167.198.

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Camporesi, Silvia. "When does an advantage become unfair? Empirical and normative concerns in Semenya’s case." Journal of Medical Ethics 45, no. 11 (September 16, 2019): 700–704. http://dx.doi.org/10.1136/medethics-2019-105532.

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There is a fundamental tension in many sports: human sex is not binary, but there are only two categories in which people can compete: male and female. Over the past 10 years, the International Association of Athletics Federations (IAAF) regulations have been at the centre of two notable legal disputes. The Court of Arbitration for Sport (CAS) reached two contradictory rulings: in the first case (Dutee Chand vs Athletics Federation India and IAAF), the IAAF regulations for the eligibility of athletes to compete in the female category were suspended (24 July 2015) on grounds of "discrimination against the female category"; in the latter (Caster Semenya and Athletics South Africa vs IAAF), the regulations were reaffirmed (1 May 2019) on grounds that although discriminatory, they are necessary to maintain a "level playing field" and to “protect” the female category. Although Semenya’s case has paved the way for questioning existing gender norms in sport, a new stable norm has yet to emerge from her case. The pharmacological solution put forward by IAAF to the tension between fairness and inclusivity of bodies non-conforming to two sexes is not, however, the only possible solution/resolution to the case, as I aim to show in this paper. Here I present some reflections on this topic and suggest how CAS should approach the case if it hopes to resolve it.

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Loland, Sigmund. "Caster Semenya, athlete classification, and fair equality of opportunity in sport." Journal of Medical Ethics 46, no. 9 (July 20, 2020): 584–90. http://dx.doi.org/10.1136/medethics-2019-105937.

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According to the Differences of Sex Development (DSD) Regulations of the International Association of Athletics Federations (IAAF), Caster Semenya and other athletes with heightened testosterone levels are considered non-eligible for middle distance running races in the women’s class. Based on an analysis of fair equality of opportunity in sport, I take a critical look at the Semenya case and at IAAF’s DSD Regulations. I distinguish between what I call stable and dynamic inequalities between athletes. Stable inequalities are those that athletes cannot impact or control in any significant way such as inequalities in biological sex, body size and chronological age. Dynamic inequalities, such as inequalities in strength, speed and endurance, or in technical and tactical skills, can be impacted and to a certain extent controlled by athletes. If stable inequalities exert significant and systematic impact on performance, they provide a rationale for classification. If high testosterone level is an inborn, strong and systemic driver of performance development, inequalities in such levels can provide a rationale for classification. As is emphasised by the Court of Arbitration for Sport (CAS), this leads to a dilemma of rights: the right of Semenya to compete in sport according to her legal sex and gender identity, and the right of other athletes within the average female testosterone range to compete under fair conditions. I conclude with providing conditional support of the CAS decision in the Semenya case and of IAAF’s DSD Regulations.

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Donnellan, Dr Laura. "The Fédération Equestre Internationale Speaks for the Horse Who Has No Voice and the Court of Arbitration for Sport Listened: Equine Welfare and Anti-Doping in Equestrianism." Denning Law Journal 31, no. 1 (January 3, 2020): 41–76. http://dx.doi.org/10.5750/dlj.v31i1.1792.

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The strict liability standard employed by the Fédération Equestre Internationale (FEI) in equine doping cases has been a source of contention among academics, riders and trainers. The FEI Disciplinary Tribunal and the Court of Arbitration for Sport (CAS) have consistently upheld the standard and no alternative has been considered. At the core of the application of the strict liability standard has been the protection of the equine athlete. With the dual aims of the protection of equine athletes and equality between competitors, the FEI imposes a provisional equine suspension when a horse’s sample records an adverse analytical finding. The standard of strict liability and the imposition of provisional suspensions together put the welfare of the horse to the fore. While the intentions of the FEI have been based on this noble premise, ambiguities and inconsistencies have undermined the effectiveness of the Equine Anti-Doping and Controlled Medication Regulations (EADCMRs).

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Vetrova, Evgenia G., Raisa I. Khalatova, and Anastasia A. Kashaeva. "Exceptional circumstances beyond International Swimming Federation Doping Control Rules: The Sun Yang case of Court of Arbitration for Sport." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 131–43. http://dx.doi.org/10.21638/spbu14.2021.109.

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The authors refer to the exceptional circumstances surrounding Sun Yang’s violation. The athlete intervened in the doping control procedure in several ways. First, he questioned the proper accreditation of the IDTM’s (The company “International Doping Tests and Management”) Samples Collection Personnel, one of which photographed him. This officer was suspended from urine sampling, but there was no longer a male specialist on the IDTM’s Samples Collection Personnel. Therefore, the collection of urine samples did not take place due to the athlete’s actions. A general distrust of IDTM’s Samples Collection Personnel due to inappropriate photographing was the catalyst for follow-up action. Secondly, the athlete required IDTM’s Samples Collection Personnel to confirm his credentials (accreditation) from the anti-doping organization, despite the submission of documents by IDTM’s Samples Collection Personnel following the International Standard for Testing and Investigations. Not having received the additional and, in the opinion of the athlete, necessary documents, he refused to participate in the doping control procedure as a whole, tearing up his previously given written consent. Finally, the athlete took part in the destruction of blood samples with a hammer, but his role in this process was controversial. A prerequisite for the destruction process of the samples was the assistance of the IDTM’s Samples Collection Personnel, who handed them over to the athlete in response to insistent demands. The listed circumstances, which are exceptional, however, could not affect the reduction of Sun Yang’s period of ineligibility, since the FINA (International Swimming Federation) Doping Control Rules, based on WADA (World Anti-Doping Agency) Code 2015, do not imply such a basis. The new WADA Code 2021 offers a more flexible concept of liability and takes into account exceptional circumstances that in subsequent disputes about tampering can be established based on the example of the dispute CAS 2019/A/6148.

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Zakharova, L. I. "LEX MERCATORIA AND LEX SPORTIVA: PECULIARITIES, SIMILARITIES AND DIFFERENCES." Lex Russica, no. 11 (November 22, 2019): 70–78. http://dx.doi.org/10.17803/1729-5920.2019.156.11.070-078.

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International law rules with regard to the regulation of sports activities at the universal and regional levels developed by states and international intergovernmental organizations have formed a set of norms ensuring international cooperation in the field of sport, namely, international sports law.What is the nature of the set of rules governing cross-border relations in the field of sport? They are mainly the result of rule-making carried out by the International Olympic Committee (the IOC) and the international Olympic Sports Federations. The article analyzes the approaches proposed by Western authors and applicable to the solution of the issue under consideration, elucidates the main provisions of the concepts of unified law governing relations between groups proposed by Georges Scelle, transnational law proposed by Phillip C. Jessup, and true international law proposed by C. Vedder.However, the best explanation for the interaction between national sports associations and international nongovernmental organizations of the Olympic Movement is provided by lex sportiva. Lex sportiva is similar to lex mercatoria that is used to regulate international trade. Both complexes have such properties as normativeness, non-systematicity, autonomy in the regulation and resolution of disputes. However, lex sportiva is characterized by a greater degree of institutionalization than lex mercatoria. There are two factors that contribute hereto: a pyramidal structure of the Olympic movement and activities of the Court of Arbitration for Sport (CAS) in Lausanne that was founded in 1983 at the IOC initiative. A greater degree of institutionalization of lex sportiva provides the right method for selection of norms and contributes to a stronger regulatory order in the field of Olympic sport.At the present stage, there is a tendency whereby the law created by States perceives useful designs that have arisen in non-legal regulatory complexes giving them legal effect. Therefore, modern lawyers should familiarize themselves with the content of the norms and rules emerging in non-legal complexes in areas of their concern in order to foresee what impact such norms can have on the development of the legal norms in the near future.

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Jun, Cai, Ilya A. Vasilyev, Margarita P. Izmalkova, Pan Dongmei, and Raisa I. Khalatova. "Problems of Proof in Football Clubs` Disciplinary Liability for Match-Fixing: Practice of the Court of Arbitration for Sport (CAS) (2009-2014)." Journal of Siberian Federal University. Humanities & Social Sciences 12, no. 4 (April 2019): 343–62. http://dx.doi.org/10.17516/1997-1370-0398.

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Jilkine, V. A. "Information Wars and Sanctions of the International Olympic Committee as Means of Political Pressure on the Russian Sport and Public Opinion." Russian Journal of Legal Studies 5, no. 3 (September 15, 2018): 22–28. http://dx.doi.org/10.17816/rjls18376.

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Combating doping has turned into a subject of harsh political pressure on Russia and the Russian public opinion in the run-up to the presidential elections in Russia in 2018. The Executive Board of the International Olympic Committee has suspended the activities of the Russian Olympic Committee and allowed the Russian athletes to perform in PyeongChang Games-2018 under the Olympic f lag in the status of «Olympic Athletes from Russia». The article considers the violated fundamental principles and norms of the international law and the human rights enshrined by the Universal Declaration of Human Rights and the Convention for the Protection of Rights and Fundamental Freedoms and guaranteed by constitutions of civilized states and by the Olympic Charter Rules. The decline of Russian representation in international organizations has resulted in the violation of the fundamental principles and essential values of Olympism, the Olympic Charter and in infringement of human rights and liberties. The Olympic Charter permits the athletes to challenge penalties relating to participation in the Olympic Games exclusively in the Court of Arbitration for Sport (CAS). The study of judicial practice and legal precedents in national courts gives credence to the right of any person/entity to judicial protection of honour, dignity and business reputation from distribution of unfaithful defamatory information and to the right to demand compensation of losses and non- pecuniary damage at civil courts.The article gives some examples of athletes applying to the national courts with legal claims for compensation for professional and non-pecuniary damage. The issues of defence of the National Olympic Committee, the Paralympic Committee, the interests and professional reputation of athletes of the great sporting empire should be handled originally at the governmental level, with involvement of international law counsellors. It is necessary to reform the sports system and the anti-doping laws. WADA (World Anti-Doping Agency) activities and the sport management system should be transparent, comprehensible and verifiable.

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Yong-Sup Kim. "Dispute Resolution and Appeal Process through CAS (Court of Arbitration for Sport) - Including Analysis of Doping Case of German speed skater Claudia Pechstein -." Journal of Sports and Entertainment Law 19, no. 4 (November 2016): 91–116. http://dx.doi.org/10.19051/kasel.2016.19.4.91.

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Cooper, Jonathan. "Testosterone: ‘the Best Discriminating Factor’." Philosophies 4, no. 3 (July 11, 2019): 36. http://dx.doi.org/10.3390/philosophies4030036.

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In 2011 the IAAF introduced the Hyperandrogenism Regulations in an attempt to deal with a difficult problem; that of ensuring ‘fair’ competition in female athletics as a result of athletes with differences in sexual development competing against women without such conditions. In 2015, following a challenge to those regulations by Indian athlete, Dutee Chand, The Court of Arbitration for Sport (CAS) considered the merit of the regulations and determined that there was insufficient scientific evidence to justify their imposition. The regulations were suspended by the CAS, until more convincing evidence could be provided (CAS 2014/A/3759 Chand v AFI and IAAF). The IAAF duly commissioned further research (Bermon and Garnier, 2017) and introduced amended regulations (the Eligibility Regulations for Female Classification (the DSD Regulations)). Although not universal, the IAAF has faced significant criticism from several angles about its approach to the problem. In particular, there has been criticism of the value of the scientific research on which the regulations are based (Franklin et al., 2018; Karkazis et al., 2012; Koh et al., 2018; Sőnksen et al., 2018; Tucker, 2017, Pielke, Tucker & Boye 2019) and also from those in the ethical and human rights fields seeking to ensure that the rights of individual athletes are protected (Adair, 2011; Buzuvis, 2016; Koh et al., 2018). In light of such criticism, this paper considers the IAAF’s approach in dealing with the perceived problem and considers its conduct against an objective framework of ‘good sporting governance’ (Geeraert, 2013; Henry and Lee 2004). It is this paper’s contention that the IAAF’s approach to rule creation in this area demonstrates less than ideal governance practice and, in doing so, notes the role of historical, cultural and institutional barriers as well as an over-reliance on insufficiently conclusive scientific evidence to provide a seemingly objective solution to a fundamentally more complex problem.

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Baddeley, Margareta. "The extraordinary autonomy of sports bodies under Swiss law: lessons to be drawn." International Sports Law Journal 20, no. 1-2 (December 20, 2019): 3–17. http://dx.doi.org/10.1007/s40318-019-00163-6.

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AbstractHigh-profile decisions of the sports governing bodies and subsequent judicial decisions of the Court of Arbitration for Sports (CAS) in Lausanne, the Swiss Federal Tribunal and, sometimes, the European Court of Human Rights frequently draw wide public attention to the fact that in litigations of the sports world, the decisions of the sports governing bodies will generally be upheld on court appeal. This is due to the extraordinary autonomy that sports governing bodies enjoy under Swiss law, deriving on the one hand from the liberal legislations in Switzerland governing associations and arbitration, and on the other hand, from their equally liberal application by the courts, especially in sports-related cases. While the high degree of self-regulation and arbitration in sports allowed the efficient handling of the increasingly complex activities of international sports and of the ever-rising cases of contention among its stakeholders, it is also necessary to point out the flaws of the resulting situation: for the governing bodies of international sports, self-regulation serves primarily the smooth organization of sports, while the specific interests of the subjects of their rules, in particular those of the lower level sports organizations and of athletes, are of secondary importance or may fall completely by the way-side. By contrast, state and international political and judiciary bodies must weigh the interests and rights of all parties involved when regulating relations or deciding in litigation between private parties, so as to ensure that the essential rights of the weaker parties are respected in all situations. This is a heavy responsibility for courts facing the bulk and the power of international sports governing bodies, foremost the Swiss Federal Tribunal, and to a certain extent also the Swiss legislator.

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Annas, Nurrahman, Salim Salim, and Muhaimin Muhaimin. "Cooperation Contract between Players and Club in Indonesian Futsal League (A Case Study on Netic Ladies Cibinong)." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (June 23, 2019): 277. http://dx.doi.org/10.18415/ijmmu.v6i3.825.

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The implementation of Indonesia Futsal League cannot be separated from an agreement between players and club stated in a cooperation contract, including the cooperation contract between club and underage players occurred in Woman Pro Futsal League on a club named Netic Ladies Cibinong. The case relates to the Article 1320 concerning the legal terms of an agreement in which the subjective requirement of an agreement cannot be fulfilled and Law No. 13 of 2003 concerning Employment in Article 52 Paragraph (1) Point c. In this study, normative empirical law study is used in which the researcher observed the reactions and interactions occurred when the norm system worked in the society. As a result, it is found that (1) the implementation of cooperation contract has followed the Regulation of FIFA, Football Association of Indonesia (PSSI)/ Indonesian Futsal Federation (FFI), as well as the regulations of applicable laws because children are represented by parents or trustee in making the agreement. However, in fulfilling the responsibilities and rights stated in the cooperation contract between underage players and Netic Ladies Cibinong, the club has not fulfilled them yet because of technical and non-technical factors; (2) the pattern of dispute settlement occurred has been based on the Regulation of FIFA, Football Association of Indonesia (PSSI) or Indonesian Futsal Federation (FFI), and the regulations of applicable laws which is through non-litigation path, in this case through NDRC (National Dispute Resolution Chamber) or CAS (Court Arbitration of Sports). However, a particular pattern of dispute settlement between underage players and club is not specifically mentioned.

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Mavromati, Despina. "National Disputes Before the Court of Arbitration for Sport (CAS)." SSRN Electronic Journal, 2012. http://dx.doi.org/10.2139/ssrn.2573335.

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"O Regulamento de Arbitragem Esportiva do CBMA." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, no. 1 (June 1, 2019): 155–71. http://dx.doi.org/10.52028/rbadr.v1i1.8.

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In 2016, the Brazilian Football Confederation (CBF) instituted a new dispute resolution system for the Brazilian football market, upon the reform of its National Dispute Resolution Chamber (the so-called CNRD), with jurisdiction to settle disputes regarding a wide variety issues, from labor and commercial matters to disciplinary ones. Chosen to review the decisions of CNRD in appeal, the Centro Brasileiro de Mediação e Arbitragem (CBMA) – one of the most well-known and vanguardist arbitral institutions in Brazil, funcioning in commercial arbitration since 2002 – sought inspiration from the Swiss-based Court of Arbitration for Sport (CAS), which for more than three decades has been serving as the supreme body of the international “sports justice”, in order to draft its own Regulations on Sports-related Arbitration, the first of its kind in Brazil and one of the few in the world to deal exclusively with arbitration in matters related to sports law. In this context, this article will examine the origins of CAS and the main peculiarities of its code, explaining how its model was adapted to the reality and needs of the Brazilian market.

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Czepek, Jakub. "Sports in the Case-Law of the European Court of Human Rights." Espaço Jurídico Journal of Law [EJJL], October 21, 2019. http://dx.doi.org/10.18593/ejjl.20212.

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Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR).

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Mavromati, Despina. "The Role of the Swiss Federal Tribunal and Its Impact on the Court of Arbitration for Sport (CAS)." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2845237.

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Vasilyev, Ilya, Margarita Margarita Izmalkova, and Raisa Khalatova. "The Views of the Court of Arbitration for Sport and the Austrian Football Association on legal liability for the conduct of supporters." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 8 (December 15, 2018). http://dx.doi.org/10.14746/ppuam.2018.8.24.

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The clubs legal responsibility for the behavior of supporters is used by UEFA to in-fluence the content of sports competitions, ideally abstracted from demonstrating by spectators any non-football ideas. Nevertheless, the regulation of the national associa-tions-members of UEFA also assumes the responsibility of the clubs and, sometimes, the supporters themselves for the unacceptable behavior of the latter. The experience of regulation this issue by the Austrian Football Association demonstrates mentioned approach. Therefore, it is interesting to make a comparison: how much the regulated responsibility of supporters affects to the regulation by the association a strict liability of clubs for the behavior of fans. Using the practice of CAS, we may see a presumptive approach on the basis of an assessment of the situation by “a reasonable and objective observer” for the objective resolution of a dispute.

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Journal articles on the topic 'Court of arbitration for sport (TAS-CAS)'

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