L'arbitrato internazionale in materia di sport: il TAS

This essay examines international sports arbitration, focusing in particular on the Court of Arbitration for Sport (CAS or TAS). It deals first with the basic distinction between, on the one hand, internal proceedings of sports governing bodies and, on the other hand, true sports arbitration proceedings. Then, it deals with the history and organization of the CAS and, in this connection, with the debated issue of its structural independence, suggesting some reasonable reforms. It also explores some of the features characterizing the various CAS procedures: the ordinary, appeals, antidoping and Olympic arbitration procedures. The most relevant procedural issues that often occur in CAS arbitration proceedings, such as jurisdictional and admissibility issues, the appointment and challenge of arbitrators, the participation of third parties in CAS proceedings and the granting of interim measures are analyzed in depth, with extensive reference to the relevant jurisprudence. Evidentiary issues are also examined in detail, with particular reference to burden of proof, discovery, factual and expert testimony, and admissibility of illegally obtained evidence. It then addresses the issue of applicable law in CAS proceedings, clarifying in this context the true nature of lex sportiva. Finally, the essay examines the right to challenge CAS awards before the Swiss Supreme Court, describing the various grounds for annulment provided by Swiss law.