1 COURT OF ARBITRATION FOR SPORT by Felix Majani University of Tillburg, Spring Semester 2010

2 LEGAL BACKGROUND Independent institution, Lausanne, Independent institution, Lausanne, Need to offer a quick and inexpensive procedure to settle sport related disputes. Need to offer a quick and inexpensive procedure to settle sport related disputes. 1994:Creation of The International Council of Arbitration for Sport (ICAS) 1994:Creation of The International Council of Arbitration for Sport (ICAS) Highest arbitral court in the world of sports. Awards are final and binding. Highest arbitral court in the world of sports. Awards are final and binding. Only appeal to Swiss Federal Tribunal Only appeal to Swiss Federal Tribunal

3 The Code of Sport-related Arbitration Established in 1994 and revised in 2003 and January 2010 Established in 1994 and revised in 2003 and January 2010 It governs the organisation and arbitration procedures of the CAS. It governs the organisation and arbitration procedures of the CAS. Finally, it also contains a set of mediation rules and ad hoc rules. Finally, it also contains a set of mediation rules and ad hoc rules.

4 Structure and functions Provides services for settlements of disputes: Provides services for settlements of disputes: –Arbitration –Mediation –Legal Opinions

5 CAS procedures Contractual relations or torts – (Ordinary arbitration or mediation) Contractual relations or torts – (Ordinary arbitration or mediation) Disputes resulting from decisions taken by the bodies of sports federations – (Appeals arbitration procedure) Disputes resulting from decisions taken by the bodies of sports federations – (Appeals arbitration procedure)

6 How long does CAS arbitration last? Ordinary procedure – between 6 and 12 months Ordinary procedure – between 6 and 12 months Appeals procedure – within 6 months Appeals procedure – within 6 months

7 MEDIATION Parties Make Decision To Settle Or Not Parties Make Decision To Settle Or Not Flexible (procedure and outcome) Flexible (procedure and outcome) Creative, Informal Creative, Informal Private, No Public Record Private, No Public Record Can Be Win-Win (both sides better off than before) Can Be Win-Win (both sides better off than before) Is not binding on the parties Is not binding on the parties Can End With No Resolution Can End With No Resolution No risk: a party can always say No deal No risk: a party can always say No deal

8 Under what conditions will the CAS Intervene? WRITTEN AGREEMENT BETWEEN PARTIES WRITTEN AGREEMENT BETWEEN PARTIES Such agreement could: Such agreement could: a) Appear in a contract b) Appear in the statutes or regulations of a sports organization.

9 JURISDICTION Only resolve disputes in case regulations of a sports body provide for CAS jurisdiction or the parties agree in writing to solve disputes at the CAS Only resolve disputes in case regulations of a sports body provide for CAS jurisdiction or the parties agree in writing to solve disputes at the CAS FIFA accepts jurisdiction of the CAS (art. 62 of the FIFA Statute) FIFA accepts jurisdiction of the CAS (art. 62 of the FIFA Statute) 1. FIFA recognises the independent Court of Arbitration for Sport (CAS) with headquarters in Lausanne (Switzerland) to resolve disputes between FIFA,Members, Confederations, Leagues, clubs, Players, Officials and licensed matchagents and players agents. 2. The provisions of the CAS Code of Sports-Related Arbitration shall apply to the proceedings. CAS shall primarily apply the various regulations of FIFA and, additionally, Swiss law.

10 In Appeal procedures Statutes or regulations of the federation, association or sports related body which issued the appealed decision. e.g article 62. Statutes or regulations of the federation, association or sports related body which issued the appealed decision. e.g article 62.2 FIFA Statute - The provisions of the CAS Code of Sports-Related Arbitration shall apply to the proceedings. CAS shall primarily apply the various regulations of FIFA and, additionally, Swiss law In Ordinary procedures Parties can agree on law applicable. In case there is no agreement, the Statutes or regulations of the federation, association or sports related body which issued the appealed decision. Parties can agree on law applicable. In case there is no agreement, the Statutes or regulations of the federation, association or sports related body which issued the appealed decision. Law applied at the CAS arbitrations

11 Types of proceedings Ordinary proceedings. Cases heard at 1st instance Ordinary proceedings. Cases heard at 1st instance Appeal proceedings. Involve appeals against decisions passed at federative or association level. Appeal proceedings. Involve appeals against decisions passed at federative or association level.

12 PARTIES OR LITIGANTS, NATURE OF DISPUTES Parties Players,athletes, federations, agents and clubs. Players,athletes, federations, agents and clubs. NB - Ordinary proceedures. Any party having a stake or interest in sports, provided there is an arbittation agreement before CAS, and CAS has expert arbitrators on such dispute. NB - Ordinary proceedures. Any party having a stake or interest in sports, provided there is an arbittation agreement before CAS, and CAS has expert arbitrators on such dispute. Nature of disputes Doping, contracts, training compensation, commercial agreements, transfers Doping, contracts, training compensation, commercial agreements, transfers

13 The Arbitrators appointment: Nominated by the international sports federations, international association of players (FiFpro) international association of clubs. Term – years. appointment: Nominated by the international sports federations, international association of players (FiFpro) international association of clubs. Term – years. Nationalities – 300 arbitrators from more 87 countries Nationalities – 300 arbitrators from more 87 countries Conflict of interest – not litigate and at the same time arbitrate. Conflict of interest – not litigate and at the same time arbitrate. single arbitrator or two arbitrators and a president, they are Barristers, Attorneys -at-law and/or Law Professors selected from all over the world; single arbitrator or two arbitrators and a president, they are Barristers, Attorneys -at-law and/or Law Professors selected from all over the world; They must be experts in Sports Law. They must be experts in Sports Law.

14 Languages Official – English, French and Spanish. Parties can also agree on a different language, provided the arbitrators have knowledge of that language. Official – English, French and Spanish. Parties can also agree on a different language, provided the arbitrators have knowledge of that language.

15 Thank you