The “Supreme Court” of International Sports Law. The Court of Arbitration for Sport

This chapter of the book on international sports justice examines the Court of Arbitration for Sport (CAS). It deals with the history and organization of the CAS and, in this connection, with the debated issue of its structural independence, also suggesting some reasonable reforms. It also explores some of the features characterizing the various CAS arbitral procedures: the ordinary, appeals 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 analysed 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 also 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 Federal Tribunal, describing the various grounds for annulment provided by Swiss law. It concludes by underlining the fundamental nomophylactic function performed by the CAS in the international sports legal system, similarly to what any supreme court does within its national legal system.