The Non-State Adjudication of Disputes by the Court of Arbitration for Sport as an Inspiring Alternative for Effective Dispute Resolution
pages 137 - 154
ABSTRACT:

This article introduces the Court of Arbitration for Sport as performing the role of a private global “sports judiciary”. The International Olympic Committee established the CAS to provide the sport sector with an independent and specialized dispute resolution organ. This article provides an evaluation of this alternative in the light of the specifics of sport, and compared to ordinary courts. It first explores concerns about the independence and credibility of the CAS. After this institutional background, the article demonstrates the procedures that the CAS offers, especially the so-called Appeal procedures. This procedure makes the CAS special in comparison with other arbitration tribunals and closer in function to state courts. From there, the article explores the issue of precedent (Stare decisis) in arbitration. In light of the judicial review by the Swiss Federal Tribunal in the Matuzalem case, the CAS is often seen as uneasily straddling the border between sports regulation and general law. A Czech football case described in this article may point the way to a resolution of this dilemma, since it has a similar controversy to the Matuzalem case. An exploration of this case by CAS will allow us to see what remains of the scope of review of the CAS and its reflections in the sports world. The article concludes that this very detailed private dispute resolution is indeed similar to state courts and provides a functioning and effective “Highest court of sports”.

keywords
Court of Arbitration for Sport
International Olympic Committee
Sport
The Swiss Federal Tribunal
Stare decisis
about the authors

JUDr. Pavel Hamerník Ph.D. works at the Institute of State and the Law at the Czech Academy of Sciences, Prague, researching specializing in Sports Law and EU Law. He is the author of the Czech book Sports Law with International Elements and the Czech e-book Sports Law: In search of the balance between specific sports regulation and general law. He cooperates with the T.M.C. Asser Instituut’s International Sports Law Centre projects, has worked as Director of the Legal department of Czech FA, has teaching experience of EU Law and Sports Law and sits on the Czech Ice-hockey Association’s Arbitration Commission.

e-mail: pavel.hamernik@ilaw.cas.cz