Evidentiary Issues Before CAS

Michele Bernasconi (Ed.), International Sports Law and Jurisprudence of the CAS - 4th Conference CAS & SAV/FSA Lausanne 2012, Editions Weblaw 2014

56 Pages Posted: 30 May 2014

See all articles by Antonio Rigozzi

Antonio Rigozzi

University of Neuchatel

Brianna Quinn

Levy Kaufmann-Kohler Attorneys-at-law

Date Written: May 19, 2014

Abstract

Over recent years the Court of Arbitration for Sport (CAS) has had cause to consider a number of evidentiary issues particular to sports arbitration and to provide guidance as to how such issues should be approached and resolved in the future. Accordingly, this article first sets out the legal framework for evidentiary issues in CAS arbitrations (I); and then considers: relevant types of evidence (II); the allocation of the burden of proof (III); the different standards of proof that may be imposed (IV); and, finally, the admissibility of certain types of evidence and the evaluation of evidence so admitted (V).

Keywords: Court of Arbitration for Sport, evidence, burden of proof, standards of proof, admissibility, evaluation, presumption, comfortable satisfaction,balance of probabilities, evidence calamity, doping, Swiss law, World Anti-Doping Code, CAS Code, FIFA Regulations on the Status and Transfer of Players

Suggested Citation

Rigozzi, Antonio and Quinn, Brianna, Evidentiary Issues Before CAS (May 19, 2014). Michele Bernasconi (Ed.), International Sports Law and Jurisprudence of the CAS - 4th Conference CAS & SAV/FSA Lausanne 2012, Editions Weblaw 2014 , Available at SSRN: https://ssrn.com/abstract=2438570

Antonio Rigozzi (Contact Author)

University of Neuchatel ( email )

1, A.-L. Breguet
Neuchâtel, CH-2000
Switzerland

Brianna Quinn

Levy Kaufmann-Kohler Attorneys-at-law ( email )

3-5, rue du Conseil-Général
P.O. Box 552
Geneva, 1211
Switzerland

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