The Applicable Law in Arbitration Proceedings at the Court of Arbitration for Sport

This article delves into the most relevant issues related to the determination of the law applicable to the proceedings (lex arbitri) and to the merits (lex causae) in arbitration proceedings before the Court of Arbitration for Sport (CAS). In particular, as to the lex arbitri, the article deals with the consequences of Lausanne being invariably the seat of all CAS proceedings and, relatedly, with the relevance of Swiss law to solve procedural issues. Moreover, as to the lex causae, the provisions related to the law applicable to the merits before the CAS Ordinary, Appeal, Olympic and Anti-Doping Divisions are analysed in detail, including a special focus on the definition and application of the so-called lex sportiva. Finally, the article examines the limits set by mandatory rules and Swiss public policy in the context of CAS proceedings.