Challenging Awards of the Court of Arbitration for Sport

Rigozzi, Antonio

doi:10.1093/jnlids/idp010

Cited by 34 publications

(5 citation statements)

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“…On the problem of “stacked decks,” Lindgren identified the advantages enjoyed by corporations that are “repeat parties” to arbitrations, and the disadvantages experienced by individual disputants who lack this knowledge of arbitrators’ patterns and practices. There are similar disadvantages for athletes: many IFs have several decades of experience with the same CAS arbitrators, as do the specialized law firms that represent them (Rigozzi, 2010). Furthermore, since some IOC members have also been CAS arbitrators, these overlapping roles lead to potential conflict of interest.…”

Section: General Arbitration and Casmentioning

confidence: 99%

Sport exceptionalism and the Court of Arbitration for Sport

Lenskyj

2018

JCRPP

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Purpose The Court of Arbitration for Sport (CAS), created by the International Olympic Committee (IOC) in 1983, resolves disputes between athletes and national or international sports governing bodies. The purpose of this paper is to critically examine the history and functions of CAS, with a particular focus on the ways in which athletes’ rights are threatened by the IOC’s Code of Sports-Related Arbitration. Design/methodology/approach The author reviews relevant law literature and media sources. Findings The concept of lex sportiva (global sport law), general arbitration practices and controversies concerning CAS’s impartiality are investigated, and the “strict liability” principle that CAS applies to doping allegations is assessed. This analysis points to a long record of inconsistencies and contradictions in the history and function of CAS. The findings lead to questions of arbitration or litigation; confidential or public proceedings; specialist or generalist arbitrators; lex sportiva or international legal principles; precedential or non-precedential awards; and civil or criminal burden of proof. Originality/value These unresolved issues demonstrate how the IOC struggles to maintain supremacy over world sport by promoting sport exceptionalism, and provide possible grounds for athletes’ future challenges to CAS.

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Section: General Arbitration and Casmentioning

confidence: 99%

Sport exceptionalism and the Court of Arbitration for Sport

Lenskyj

2018

JCRPP

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“…The implementation of the burden of proof is regulated by certain principles which are restrictive in nature, restricting the freedom of the judge so that it can be avoided from abuse of office or authority (de tournament de pouvoir). 11 In the Indonesian legal system, between the burden of submitting evidence and the burden of convincing, the stages of separation were not held, and at the same time took place when the parties were charged with proof. Three possibilities for whom the burden of proof is placed in a case, namely only to the plaintiff, only to the defendant or to both.…”

Section: Consumer Dispute Resolution Through Arbitration: Challenges and Developmentmentioning

confidence: 99%

Embodiment Principles of Clearing Justice in Consumer Arbitration

Agus

2018

Hasanuddin Law Rev.

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The realization of the principle of justice in proving the settlement of consumer disputes through arbitration in Indonesia is equally important. Undeniable, there is a weakness of the consumer protection law, both substantial norms and formal law. This article is normative legal research that refers to norms and legal principles in the legislation or court decisions. The results show that the proof is one of the trials that plays an important role. In general, the verification system is distinguished based on civil law and common law understandings influenced by various proof system theories such as the presumption of liability principle adopted in the Indonesian consumer protection law. The principle of justice in the consumer arbitration system is different from the arbitration verification system that is universally applicable in Indonesia. The ultimate goal of choosing consumer arbitration is to get substantial justice that is more dignified and not just obtaining formal justice.

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“…It appears, as Defendants indicate, that Plaintiff's remaining avenue for relief lies with the Swiss Supreme Court, which may in its discretion elect to review the case". 54 In the same vein, the Swiss Supreme Court's monopoly to set aside CAS awards (Rigozzi and Hasler 2013;Rigozzi, 2010) -which various athletes have unsuccessfully challenged in their national courts 55 -has so far been translated into a limited admission of the grounds for annulment contained in Article 190.2 of the 1987 Federal Statute on Private International Law. 56 This 54 In spite of the favourable decision on the exequatur, the US judge made highly critical comments regarding the current CAS sports arbitration system: "Nonetheless, the result of this determination is quite troubling because Mr. Gatlin is being wronged, and the United States Courts have no power to right the wrong perpetrated upon one of its citizens").…”

Section: A) International Sports Arbitrationmentioning

confidence: 99%

Enforcing global law: international arbitration and informal regulatory instruments

Gómez

2015

The Journal of Legal Pluralism and Unofficial Law

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This paper starts from the assumption that international arbitration easily fits in with a pluralist conception of global law. Globalization has created new informal instruments of regulation, and arbitration is an efficient tool for enforcing them. First, the paper presents a brief analysis of the most noteworthy international initiatives in the area of transnational legal indicators. It will become clear how these indirect regulatory instruments are contributing to the creation of a new regulatory profile in the area of arbitration. Second, anumber of examples will show that both commercial and investment arbitration are receptive to the multiple appearances of legal pluralism in the arbitration arena. Arbitral awards are turning ever more frequently to instruments created and managed by the private sector -i.e., codes of conduct, economic indexes, economic indicators, financial premiums, valuation methods, audits-to resolve the complex disputes arising from international business. Third, sectorial arbitrations are striking examples of how private sector initiatives implement sophisticated private conflict resolution mechanisms. The paper will present a particularly detailed analysis of the international sports sector, in which an interesting symbiosis can be discerned: on the one hand this non-state sector has unilaterally created a large number of new instruments of global regulation -i.e., sports constitutions, charters, statutes, codes-that are resorting to arbitration to increase their independence from the public sector. On the other hand, sports arbitration -essentially, the CAS-is meanwhile significantly contributing to the sector's maturity by actively participating in the consolidation of lex sportiva by means of its awards. Finally, the paper concludes with some reflections and ideas for further discussion.

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Challenging Awards of the Court of Arbitration for Sport

Cited by 34 publications

References 0 publications

Sport exceptionalism and the Court of Arbitration for Sport

Sport exceptionalism and the Court of Arbitration for Sport

Embodiment Principles of Clearing Justice in Consumer Arbitration

Enforcing global law: international arbitration and informal regulatory instruments

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