Time to Go Public? The Need for Transparency at the Court of Arbitration for Sport

T.M.C. Asser Institute for International & European Law - Asser Research Paper 2020-07

Forthcoming in: Yearbook of International Sports Arbitration, T.M.C. Asser Press, Springer (2019)

23 Pages Posted: 10 Sep 2020

Date Written: September 6, 2020

Abstract

Has the time come for the Court of Arbitration for Sport to go public? This article argues that after the Pechstein decision of the European Court of Human Rights, CAS appeal arbitration must be understood as forced arbitration and therefore must fully comply with the due process guarantees enshrined in Article 6(1) ECHR. In particular, this entails a strong duty of transparency with regard to the hearings at the CAS and the publication of its awards. This duty is of particular importance since the rationale for supporting the validity of CAS arbitration, if not grounded in the consent of the parties, must be traced back to the public interest in providing for the equality before the (sports) law of international athletes. Thus, the legitimacy and existence of the CAS is linked to its public function, which ought to be matched with the procedural strings usually attached to judicial institutions. In short, if it is to avoid lengthy and costly challenges to its awards, going public is an urgent necessity for the CAS.

Keywords: court of arbitration for sport, lex sportiva, transparency, publicity, european convention on human rights, european court of human rights, arbitration, transnational law

JEL Classification: K33

Suggested Citation

Duval, Antoine, Time to Go Public? The Need for Transparency at the Court of Arbitration for Sport (September 6, 2020). T.M.C. Asser Institute for International & European Law - Asser Research Paper 2020-07, Forthcoming in: Yearbook of International Sports Arbitration, T.M.C. Asser Press, Springer (2019), Available at SSRN: https://ssrn.com/abstract=3688340

Antoine Duval (Contact Author)

T.M.C. Asser Instituut ( email )

P.O. Box 30461
2500 GL The Hague, 2517JN
Netherlands

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