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Vol 21 No 11 Nov/Dec 2016

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The Code of the Court of Arbitration for Sport

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ISBN13: 9789041138736
Published: April 2015
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £140.00



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The Court of Arbitration for Sport (CAS) provides international sport with an independent authority specialising in sports-related disputes. Able to render binding decisions, CAS is dedicated to the settlement of sporting disputes swiftly and inexpensively. Since its inception in 1984, it has time and time again earned the recognition and respect of all stakeholders in the sporting world, who regard its decisions as equivalent to judgments passed by state courts. In the words of the Swiss Federal Tribunal: “Having gradually built up the trust of the sporting world, this institution which is now widely recognised … remains one of the principal mainstays of organised sport.” This is the first comprehensive commentary offering an exhaustive article-by-article analysis of the CAS Rules. Each provision is viewed within the larger context of international arbitration, supplemented by relevant doctrine, case law, and documents and materials from internal CAS practice. Among the topics covered are the following:

  • how to validly establish CAS jurisdiction;
  • how to draft valid requests for arbitration and statements of appeal;
  • what is the law applicable to CAS proceedings;
  • what type of provisional measures can be ordered by CAS;
  • how are ordinary and appeals arbitration procedures conducted;
  • latest jurisprudence of the Swiss Federal Tribunal in relation to CAS cases; and
  • practical matters, costs-related issues, including recourse to legal aid.
All significant cases – about contractual issues, eligibility and disciplinary matters, governance issues and other types of disputes typically arising in the world of sport – are treated in depth as they arise under the relevant provisions. This book is an indispensable work of reference for all sports law practitioners; it also offers an interpretive tool to all those interested in sports arbitration and suggests interesting procedural solutions transposable to international arbitration generally.

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Subjects:
Sports Law, Arbitration and Dispute Resolution
Contents:
About the Authors.
List of Annexes.
Introduction – Word of the ICAS/CAS President.
Foreword.
Preface and Acknowledgements.
List of Abbreviations.

CHAPTER 1 Introduction: The International Council of Arbitration for Sport (ICAS) and the Court of Arbitration for Sport (CAS): 30 Years of History.

CHAPTER 2 Statutes of the Bodies Working for the Settlement of Sports-Related Disputes.
R27 Application of the Rules.
R28 Seat .
R29 Language.
R30 Representation and Assistance.
R31 Notifications and Communications.
R32 Time Limits.
R33 Independence and Qualifications of Arbitrators.
R34 Challenge.
R35 Removal.
R36 Replacement.
R37 Provisional and Conservatory Measures.
R38 Request for Arbitration.
R39 Initiation of the Arbitration by CAS and Answer: CAS Jurisdiction.
R40 Formation of the Panel.
R41 Multiparty Arbitration.
R42 Conciliation.
R43 Confidentiality.
R44 Procedure before the Panel.
R45 Law Applicable to the Merits.
R46 Award.
R47 Appeal.
R48 Statement of Appeal.
R49 Time Limit for Appeal.
R50 Number of Arbitrators.
R51 Appeal Brief.
R52 Initiation of the Arbitration by the CAS.
R53 Nomination of Arbitrator by the Respondent.
R54 Appointment of the Sole Arbitrator or of the President and Confirmation of the Arbitrators by CAS.
R55 Answer of the Respondent: CAS Jurisdiction.
R56 Appeal and Answer Complete: Conciliation.
R57 Scope of Panel’s Review: Hearing.
R58 Law Applicable to the Merits.
R59 Award.
R60-62 and R66 [Abrogated].
R63 Interpretation.
R64 Costs of the Arbitration Proceedings – General.
R65 Appeals against Decisions Issued by International Federations in Disciplinary Matters.
R67-R70 Miscellaneous Provisions.

Bibliography.
List of CAS Awards Referred to in the Commentary.
CAS Awards from the CAS Ad Hoc Divisions.
Swiss Federal Tribunal Judgments.
Index.