Sports Arbitration Under the CAS Rules
M. Arroyo (Ed.), Arbitration in Switzerland – the Practitioner's Guide, 2013, Chapter 5, Arts R37 + R47 to R70 CAS Code, pp. 936-947 and 982-1083
117 Pages Posted: 7 Jun 2014 Last revised: 11 Jun 2014
Date Written: October 1, 2013
Since its creation almost thirty years ago, the Lausanne-based Court of Arbitration for Sport has experienced significant changes, not only in its structure and organization, but also in terms of the volume and nature of the workload it handles. The CAS's arbitration rules, commented in the following pages, enable the CAS and its panels to fulfill their day-to-day mission in resolving the disputes submitted to them, whilst giving life to this unique institution, at the pinnacle of the world-wide dispute-settlement system for sports. To our knowledge, this is the first article-by-article commentary to be published on the CAS rules: in it, we attempt to provide a systematic discussion of the workings and specificities of CAS arbitration, in particular from the point of view of its users. [Note by the authors: this document covers Articles R37 and R47 to R70 of the CAS Code. Articles R27 to R36 and R38 to R46 of the Code were commented, in the same publication, by Dr Michael Noth, of Troller Hitz Troller, Bern].
Keywords: Court of Arbitration for Sport; commentary; articles; CAS; procedural rules; provisional measures; appeal; jurisdiction; awards; time limit; arbitrators; hearing; applicable law; costs; proceedings; parties; international federations; swiss; Switzerland
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