The Court of Arbitration for Sport: 1984-2004

ISBN-13: 9789067042048 / Angielski / Twarda / 2006 / 610 str.

Ian S. Blackshaw; Robert C. R. Siekmann; Janwillem Soek

Opis

I am very pleased and proud to write the Foreword to this Book on the occasion of the Court of Arbitration for Sport (CAS) having completed its first twenty years of operations. And I warmly congratulate the ASSER International Sports Law Centre and the Editors, Ian Blackshaw, Rob Siekmann and Janwillem Soek in cooperation with Andrew Gibson, Griffith University, Brisbane, Australia, and Steve Cornelius, University of Johannesburg, South Africa, on their joint initiative in putting together and publishing this Book. The CAS has come a long way since the idea of establishing it was first mentioned by Juan Antonio Samaranch, the former IOC President. His vision and confidence in its future have been truly vindicated. Since its creation and up to 31 December 2003, 576 cases have been submitted, of which 550 were requests for arbitration and 26 for an advisory opinion. In 2004, there was a sharp rise in the number of cases handled by the CAS and this trend continues apace. Thus, the CAS goes from strength to strength and has a great future, having, in the words of the Swiss Federal Tribunal in its landmark judgement of 27 May 2003, built up the trust of the sporting world and] . . . now widely recognised . . . as] . . . one of the principal mainstays of organised sport."

Spis treści

Introductory Remarks.- Une Nouvelle Institution D’Arbitrage: le Tribunal Arbitral du Sport (TAS).- The Court of Arbitration for Sport.- The Role and Functions of the Court of Arbitration for Sport (CAS).- Arbitration of International Sport Disputes.- Independence of the Cas Recognised by the Swiss Federal Tribunal.- Quelques Observations Sur L’arbitrage Sportif International. A Propos D’un Recent Arret du Tribunal Federal Suisse.- Experiences with Arbitration Before the Cas: Objective Circumstances or Purely Individual Impressions?.- The Ordinary Arbitration Procedure of the Court of Arbitration for Sport.- The Appeals Procedure Before the Cas.- Arbitration at the Sydney Olympic Games.- The ad Hoc Division of the Court of Arbitration for Sport at the Athens 2004 Olympic Games — an Overview.- Sports Arbitration for the 2008 Beijing Olympic Games.- Cas Advisory Opinions.- The Cas Mediation Rules.- The Arbitrability of Sport Disputes and the Rules of the Game.- Examination of Witnesses and Experts in Cas Hearings. Which Rules Apply to the Examination of Witnesses and Experts in a Cas Hearing?.- Provisional Measures in Cas Arbitrations.- Cas Landmark Decisions.- Doping Cases Before the Cas and the World Anti-Doping Code.- The Iaaf Arbitration Panel. The Heritage of Two Decades of Arbitration in Doping-Related Disputes.- Form Follows Function: Crafting Rules for a Sport-Specific Arbitration Process — ‘The Canadian Cas’.- An ‘Irish Court of Arbitration for Sport’?.- The Activities of the Japan Sports Arbitration Agency.- Sporting Arbitration and the International Olympic Committee’S Court of Arbitration for Sport.- Arbitration as Preventative Medicine for Olympic Ailments: The International Olympic Committee’S Court of Arbitration for Sport and the Future for the Settlement of International Sporting Disputes.- International Athletic Dispute Resolution: Tarnishing the Olympic Dream.- Mandatory, Binding Arbitration for Olympic Athletes: Is the Process Better or Worse for ‘Job Security’?.- The Trials and Tribulations of the Court of Arbitration for Sport. Contribution to the Study of the Arbitration of Disputes Concerning Disciplinary Sanctions.- Lex Sportiva and Cas.- Lex Sportiva and Lex Ludica: The Court of Arbitration for Sport’s Jurisprudence.- The Substance and Illusion of Lex Sportiva.- Twenty Years On: An Evaluation of the Court of Arbitration for Sport.- Concluding Remarks.

Blurb

With a foreword by Luiz Roberto Martins Castro, President Brazilian National Sports Law Institute

The Court of Arbitration for Sport has come a long way since the idea of establishing it was first mentioned by Juan Antonio Samaranch, the former IOC President, who foresaw the need for a specialised body to resolve sporting disputes outside the normal court system. His aim was for CAS to become the supreme court of world sport; an aim which, this book demonstrates, has been largely fulfilled.

It has, in the words of the Swiss Federal Tribunal in a landmark judgement of 27 May 2003, 'built up the trust of the sporting world [and is] … now widely recognised … [as] … one of the principal mainstays of organised sport.'

This 'jubilee' book - after twenty years of operations - charts the history, including significant milestones, and achievements of the CAS.