Court of Arbitration for Sport
Encyclopedia
The Court of Arbitration for Sport (CAS; or TAS) is an international arbitration body set up to settle disputes related to sport
. Its headquarters are in Lausanne
and its courts are located in New York
, Sydney
and Lausanne
, Switzerland
. Temporary courts are built in current Olympic Host Cities.
With the intermixing of sports and politics, the body was originally conceived by International Olympic Committee
(IOC) President Juan Antonio Samaranch
to deal with disputes arising during the Olympics. It was established as part of the IOC in 1984
.
Ten years later
, a case decided by the CAS was appealed to the Federal Supreme Court of Switzerland
, challenging CAS impartiality. The Swiss court ruled that the CAS was a true court of arbitration
, but drew attention to the numerous links which existed between the CAS and the IOC. In response, the CAS underwent reforms to make itself more independent of the IOC, organizationally and financially. The biggest change resulting from this reform was the creation of an "International Council of Arbitration for Sport" (ICAS) to look after the running and financing of the CAS, thereby taking the place of the IOC.
Generally speaking, a dispute may be submitted to the CAS only if there is an arbitration agreement between the parties which specifies recourse to the CAS. Currently, all Olympic International Federations but one, and many National Olympic Committees, have recognised the jurisdiction of the CAS and included in their statutes an arbitration clause referring disputes to it. Through compliance with the 2009 World Anti-Doping Code
all Olympic International Federations have recognised the jurisdiction of CAS for anti-doping rule violations.
Its arbitrators are all high level jurists and it is generally held in high regard in the international sports community.
, the majority of recent cases considered by the CAS dealt with transfer disputes within professional football (soccer)
or with doping.
It ruled in 2006 that Gibraltar
had valid grounds for its application to join UEFA
, forcing the organisation to hand it provisional membership. At the next UEFA Congress, however, Gibraltar was overwhelmingly rejected in a vote, due to lobbying from Spain
, in defiance of the CAS ruling.
In 2010 the Irish Football Association
took its case to CAS after FIFA failed to prevent the Football Association of Ireland
from selecting Northern-Irish-born players who had no blood link to the Republic. The CAS ruled in favour of the FAI and FIFA by confirming that they were correctly applying the regulations.
Sport
A Sport is all forms of physical activity which, through casual or organised participation, aim to use, maintain or improve physical fitness and provide entertainment to participants. Sport may be competitive, where a winner or winners can be identified by objective means, and may require a degree...
. Its headquarters are in Lausanne
Lausanne
Lausanne is a city in Romandy, the French-speaking part of Switzerland, and is the capital of the canton of Vaud. The seat of the district of Lausanne, the city is situated on the shores of Lake Geneva . It faces the French town of Évian-les-Bains, with the Jura mountains to its north-west...
and its courts are located in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
and Lausanne
Lausanne
Lausanne is a city in Romandy, the French-speaking part of Switzerland, and is the capital of the canton of Vaud. The seat of the district of Lausanne, the city is situated on the shores of Lake Geneva . It faces the French town of Évian-les-Bains, with the Jura mountains to its north-west...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
. Temporary courts are built in current Olympic Host Cities.
With the intermixing of sports and politics, the body was originally conceived by International Olympic Committee
International Olympic Committee
The International Olympic Committee is an international corporation based in Lausanne, Switzerland, created by Pierre de Coubertin on 23 June 1894 with Demetrios Vikelas as its first president...
(IOC) President Juan Antonio Samaranch
Juan Antonio Samaranch
Don Juan Antonio Samaranch y Torelló, 1st Marquis of Samaranch, Grandee of Spain , known in Catalan as Joan Antoni Samaranch i Torelló , was a Catalan Spanish sports administrator who served as the seventh President of the International Olympic Committee from 1980 to 2001...
to deal with disputes arising during the Olympics. It was established as part of the IOC in 1984
1984 in sports
1984 in sports describes the year's events in world sport.-Alpine Skiing:* Alpine Skiing World Cup:** Men's overall season champion: Pirmin Zurbriggen, Switzerland** Women's overall season champion: Erika Hess, Switzerland...
.
Ten years later
1994 in sports
1994 in sports describes the year's events in world sport.-Alpine skiing:* January 29 – death of Ulrike Maier , Austrian skier, who broke her neck when she crashed during a World Cup downhill race at Garmisch-Partenkirchen...
, a case decided by the CAS was appealed to the Federal Supreme Court of Switzerland
Federal Supreme Court of Switzerland
The Federal Supreme Court of Switzerland is the supreme court of Switzerland. It is located in Lausanne.According to the Constitution of Switzerland, the court has jurisdiction over violations of:*federal law;*public international law;*intercantonal law;...
, challenging CAS impartiality. The Swiss court ruled that the CAS was a true court of arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
, but drew attention to the numerous links which existed between the CAS and the IOC. In response, the CAS underwent reforms to make itself more independent of the IOC, organizationally and financially. The biggest change resulting from this reform was the creation of an "International Council of Arbitration for Sport" (ICAS) to look after the running and financing of the CAS, thereby taking the place of the IOC.
Generally speaking, a dispute may be submitted to the CAS only if there is an arbitration agreement between the parties which specifies recourse to the CAS. Currently, all Olympic International Federations but one, and many National Olympic Committees, have recognised the jurisdiction of the CAS and included in their statutes an arbitration clause referring disputes to it. Through compliance with the 2009 World Anti-Doping Code
World Anti-Doping Agency
The World Anti-Doping Agency , , is an independent foundation created through a collective initiative led by the International Olympic Committee . It was set up on November 10, 1999 in Lausanne, Switzerland, as a result of what was called the "Declaration of Lausanne", to promote, coordinate and...
all Olympic International Federations have recognised the jurisdiction of CAS for anti-doping rule violations.
Its arbitrators are all high level jurists and it is generally held in high regard in the international sports community.
, the majority of recent cases considered by the CAS dealt with transfer disputes within professional football (soccer)
Football (soccer)
Association football, more commonly known as football or soccer, is a sport played between two teams of eleven players with a spherical ball...
or with doping.
It ruled in 2006 that Gibraltar
Gibraltar Football Association
The Gibraltar Football Association was formed as the Gibraltar Civilian Football Association in 1895, changing to its current name in later years...
had valid grounds for its application to join UEFA
UEFA
The Union of European Football Associations , almost always referred to by its acronym UEFA is the administrative and controlling body for European association football, futsal and beach soccer....
, forcing the organisation to hand it provisional membership. At the next UEFA Congress, however, Gibraltar was overwhelmingly rejected in a vote, due to lobbying from Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, in defiance of the CAS ruling.
In 2010 the Irish Football Association
Irish Football Association
The Irish Football Association is the organising body for association football in Northern Ireland, and was historically the governing body for Ireland...
took its case to CAS after FIFA failed to prevent the Football Association of Ireland
Football Association of Ireland
The Football Association of Ireland is the governing body for the sport of association football in the Republic of Ireland. It should not to be confused with the Irish Football Association , which is the organising body for the sport in Northern Ireland.For the full history, statistics and records...
from selecting Northern-Irish-born players who had no blood link to the Republic. The CAS ruled in favour of the FAI and FIFA by confirming that they were correctly applying the regulations.
External links
- Official website
- http://www.slate.com/articles/news_and_politics/explainer/2004/07/where_do_athletes_go_to_court.html"Where do Athletes Go to Court?" SlateSlate (magazine)Slate is a US-based English language online current affairs and culture magazine created in 1996 by former New Republic editor Michael Kinsley, initially under the ownership of Microsoft as part of MSN. On 21 December 2004 it was purchased by the Washington Post Company...
1 July 2004]