Specifics of the Court of Arbitration in sport as an international arbitration body

Abstract

The Court of arbitration in sport represents an arbitral body whose task is to resolve the most significant disputes in the international community, within the autonomy of sport. With its adaptation to the contemporary system of sovereign states, by applying the classical principles of arbitration, with some degree of correction due to the specificity of sport, as well as the application of appropriate norms of international public law, achieved a situation that arbitration decisions of the Court are final. Despite its importance in the international community, domestic legal theory does not pay adequate attention to the above phenomenon. The task of this paper is to draw attention of the wider legal population to the existence of the Court of Arbitration in Sport, as well as pointing out the specifics of the Court of Arbitration in Sport to those skilled in classic commercial arbitration. Smaller or greater variations from the classical principles of commercial arbitration are conditioned by the specificity of social relations in sport. The focus of the analysis is placed primarily on issues of the legal fiction of arbitral tribunal seat, mandatory clause of acceptance of jurisdiction, the existence of the closed list of arbitrators and the lack of choice of arbitrators in the case of Ad hoc divisions, prohibition of addressing to the ordinary courts to establish a temporary measures and exclusive jurisdiction of CAS in a given matter, the publication of arbitral awards and 24-hour deadline for the application of the prescribed procedures and decision-making in the case of Ad hoc divisions.

Keywords

• The Court of arbitration in sport (CAS)
• alternative dispute resolution
• dispute resolution by arbitration
• sports law