Court of Arbitration for Sport: All you need to know

What is CAS?

The International Court of Arbitration for Sport is based in the Swiss city of Lausanne. CAS is the abbreviation given to the Court of Arbitration for Sport, in French TAS (Tribunal arbitral du sport). It is an independent court of arbitration that issues judgements on international sports issues — for example, on the legality of doping bans, compliance with competition rules, or in cases of cancellations and contractual issues.

The Court of Arbitration for Sport comprises over 400 arbitrators from 87 countries. They were selected because they have expertise in arbitration and sports law. Athletes, clubs, sports associations, organisers of sporting events, television broadcasters and sponsors can all appeal to CAS.

Around 300 cases are heard each year. Although CAS judgements are valid within sport, they have no effect under criminal or civil law.

How was CAS founded?

CAS has been in existence since June 30, 1984. The idea of creating a jurisdiction for disputes in international sport came from the former President of the International Olympic Committee (IOC), Juan Antonio Samaranch. In the early 1980s, the Spaniard was prompted into action as sport became increasingly professionalised and more and more issues required arbitration. Initially, CAS had only 60 members, who were appointed exclusively by the IOC, the IOC President, international sports federations and the National Olympic Committees.

Why was the CAS reformed in 1994?

There was criticism of CAS's dependence on the IOC. The court was fully financed by the Olympic governing body and also had the right to change its statutes.

It was reformed in 1994. The ICAS (International Council of Arbitration for Sport) foundation was established, which has since been responsible for the administration and financing of the CAS instead of the IOC. The ICAS also appoints CAS judges. The foundation is largely financed by procedural fees, with the IOC, FIFA and other sports federations also contributing funds.

Since 1996, CAS has maintained ad hoc chambers at major sporting events such as the Olympic Games or the football World Cup, which swiftly settle disputes that arise during competitions.

Why is there still criticism?

Many critics still do not consider CAS to be independent. In their opinion, sports organisations such as the IOC andUEFA have too much influence. For example, CAS judges are appointed by a panel that largely consists of representatives of the same sports federations that finance it.

On several occasions, potential conflicts of interest are said to have arisen in proceedings because a CAS judge was also an advisor to a sports federation that was involved in the proceedings as one of the parties to the dispute.

Another point of criticism is that a small group of CAS judges handles a large number of cases, while many others are almost unemployed. Also, not all decisions have to be submitted to the CAS Secretary General before they are announced.

How do arbitration proceedings before the CAS work?

Anyone wishing to have a dispute resolved by CAS must first submit an application for ordinary arbitration proceedings or an appeal, depending on the circumstances of the case. However, an appeal procedure is only possible once all other legal remedies within the sports organisation in question have been exhausted.

After submitting the application, the defendant sends a written response to CAS. Further communication initially takes place in writing until a hearing is finally held with both parties. Both sides can present arguments and evidence. The final arbitration decision is communicated a few weeks later. In the case of an appeal, it is announced on the same day.

Each procedure is accompanied by three arbitrators. Both parties to the dispute may choose one arbitrator each from the list of arbitrators. The two chosen arbitrators then decide together who from their group should chair proceedings.

Can CAS judgements still be appealed?

Due to its location in Lausanne, the decisions of the Court of Arbitration for Sport can be appealed to the Swiss Federal Supreme Court and also overturned. However, there must be qualified grounds for appeal. For example, CAS must have made gross procedural errors in the arbitration proceedings.

Furthermore, CAS is not recognised by all national sports federations as the final authority. As a result, all athletes have not yet been treated equally internationally in matters of sports law.

What headline cases have been heard by the CAS?

In February 2012, professional cyclist Alberto Contador lost his victories in the 2010 Tour de France and the 2011 Giro d'Italia because CAS upheld a doping ban against the Spaniard.

In May 2019, CAS heard the case of intersex runner Caster Semenya. South Africa fought against the IAAF's requirement to artificially lower her higher testosterone level with medication in order to be allowed to continue taking part in women's competitions. Although CAS confirmed that this constituted discrimination, it also upheld the IAAF's regulation. It was not until July 2023 that The European Court of Human Rights ruled in favour of Semenya and other intersex athletes.

Other recent decisions that attracted a lot of attention were the confirmation of a four-year doping ban against Russian figure skater Kamila Valiyeva, as well as the reduction of tennis pro Simona Halep's doping ban from four years to nine months.

This article was translated from German.