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
Date Written: May 19, 2014
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
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