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The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials

The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041138736
  • Published In: April 2015
  • Format: Hardback , 760 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Details

    The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials is a comprehensive exploration of the provisions of the Court of Arbitration for Sport (CAS). Providing detailed analysis of the CAS Rules, this is an indispensable work of reference for all sports law practitioners. Each provision is viewed within the larger context of international arbitration, in Switzerland, and procedural solutions are suggested which are transposable to international arbitration generally.

    How will this benefit your work?

    • Reduce research time. Article- by- article analysis is supplemented by relevant doctrine, case law and documents and material from internal CAS practice, allowing you to quickly find the information you need, from one resource.
    • Quickly gain understanding. All significant cases — about contractual issues, eligibility and disciplinary matters, governance issues and other types of disputes typically arising in the world of sport — are treated in depth as they arise under the relevant provisions.
    • Fully understand the work of the CAS. Graphs and charts are used to explain practice and sample documents are included to show the exact procedure that is followed.

    The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials is an essential resource for anyone working in sports law, with guidance given on the following:

    • how to validly establish CAS jurisdiction
    • how to draft valid requests for arbitration and statements of appeal
    • what is the law applicable to CAS cases
    • what type of provisional measures can be ordered by CAS
    • how are ordinary and appeals arbitration procedures conducted
    • latest jurisprudence of the Swiss Federal Tribunal in relation to CAS cases
    • practical matters, costs-related issues, including recourse to legal aid.
  • About the Authors.

    List of Annexes.

    Introduction – Word of the ICAS/CAS President.

    Foreword.

    Preface and Acknowledgements.

    List of Abbreviations.

    CHAPTER 1 Introduction: The International Council of Arbitration for Sport (ICAS) and the Court of Arbitration for Sport (CAS): 30 Years of History.

    CHAPTER 2 Statutes of the Bodies Working for the Settlement of Sports-Related Disputes.

    R27 Application of the Rules.

    R28 Seat .

    R29 Language.

    R30 Representation and Assistance.

    R31 Notifications and Communications.

    R32 Time Limits.

    R33 Independence and Qualifications of Arbitrators.

    R34 Challenge.

    R35 Removal.

    R36 Replacement.

    R37 Provisional and Conservatory Measures.

    R38 Request for Arbitration.

    R39 Initiation of the Arbitration by CAS and Answer: CAS Jurisdiction.

    R40 Formation of the Panel.

    R41 Multiparty Arbitration.

    R42 Conciliation.

    R43 Confidentiality.

    R44 Procedure before the Panel.

    R45 Law Applicable to the Merits.

    R46 Award.

    R47 Appeal.

    R48 Statement of Appeal.

    R49 Time Limit for Appeal.

    R50 Number of Arbitrators.

    R51 Appeal Brief.

    R52 Initiation of the Arbitration by the CAS.

    R53 Nomination of Arbitrator by the Respondent.

    R54 Appointment of the Sole Arbitrator or of the President and Confirmation of the Arbitrators by CAS.

    R55 Answer of the Respondent: CAS Jurisdiction.

    R56 Appeal and Answer Complete: Conciliation.

    R57 Scope of Panel’s Review: Hearing.

    R58 Law Applicable to the Merits.

    R59 Award.

    R60-62 and R66 [Abrogated].

    R63 Interpretation.

    R64 Costs of the Arbitration Proceedings – General.

    R65 Appeals against Decisions Issued by International Federations in Disciplinary Matters.

    R67-R70 Miscellaneous Provisions.

    Bibliography.

    List of CAS Awards Referred to in the Commentary.

    CAS Awards from the CAS Ad Hoc Divisions.

    Swiss Federal Tribunal Judgments.

    Index.

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