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Sports Arbitration

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In Europe

CAS arbitration clause improper under EU law? The General Court of the EU disagrees

by 7 Mins Read

The General Court of the European Union (“Court”), in case no. T-93/18[1] between the International Skating Union (“ISU”) and the European Commission (“EC”), had to address the question whether the arbitration rules of ISU conferring exclusive jurisdiction on the Court of Arbitration for Sports in Lausanne (“CAS”) with respect to appeals from ineligibility decisions, are improper under the EU competition regulations. The Court decided that the EC’s decision requiring ISU to change its arbitration rules…

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In Europe

Swiss Federal Supreme Court Reaffirms CAS Panel is Independent From FIFA

by 6 Mins Read

In its decision 4A_260/2017 rendered on 20 February 2018, the Swiss Federal Supreme Court declined to set aside an award rendered by the Court of Arbitration for Sport (CAS), confirming, among other points, that the panel constituted under the CAS rules satisfies the requirement of independence as applied in Switzerland. Case background In 2008, FIFA introduced a new provision to the Regulations on the Status and Transfer of the Players (RSTP) (Article 18bis), preventing clubs…

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In Brazil

Brazil: Arbitration and the Olympic Games – Pro Bono Advocacy Before the Court of Arbitration for Sport

by and 4 Mins Read

In the world of sport, conflicts are resolved before the Court of Arbitration for Sport (CAS), seated in Lausanne, Switzerland. The CAS was created in 1994, when the Paris Agreement was signed. Since then, the CAS resolves conflicts that are (i) of a commercial nature, involving the execution of contracts dealing with sponsorship, television rights, players’ transfers, etc., and (ii) conflicts of a disciplinary nature. In 1996, in Atlanta, an Ad Hoc division was created to deal…

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In Consent to Arbitrate

Swiss Federal Supreme Court rejects jurisdictional challenge of a CAS award in a dispute between a football club and a players’ agent

by 6 Mins Read

In its decision dated November 9, 2015, the Swiss Federal Supreme Court ruled on whether or not to set aside a CAS award on the grounds that the CAS arbitrator had wrongly accepted jurisdiction. In its decision dated November 9, 2015 (case no. 4A_176/2015), the Swiss Federal Supreme Court was called upon to decide whether or not to set aside a CAS arbitral award on the grounds that the arbitrator had wrongly accepted jurisdiction to…

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