International Sports Justice: The Court of Arbitration for Sport

The article examines the Court of Arbitration for Sport (CAS), dealing first with its history and its organization and then with the most relevant procedural issues that are encountered in CAS arbitration proceedings. In particular, the article explores some of the features which characterize and distinguish the CAS ordinary arbitration procedure, the CAS appeals arbitration procedure and the CAS Olympic arbitration procedure. Important procedural topics 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. Evidentiary issues are also examined in detail, with particular reference to burden of proof, witness statements and discovery. Finally, the article examines the appeals to the Federal Tribunal against CAS awards and the various grounds for annulment provided by Swiss law.