The court of arbitration for sport: Law-making and the question of independence

Vaitiekunas, A 2014, The court of arbitration for sport: Law-making and the question of independence, Stämpfli Verlag, Bern, Switzerland.


Document type: Book
Collection: Books

Title The court of arbitration for sport: Law-making and the question of independence
Author(s) Vaitiekunas, A
Year 2014
Publisher Stämpfli Verlag
Place of publication Bern, Switzerland
Subjects History and Philosophy of Law and Justice
Summary Established in 1983 by the International Olympic Committee, CAS has become the world's leading sports arbitration tribunal. A number of commentators claim that CAS is developing its own jurisprudence, a 'lex sportiva'. However, the nature of CAS's jurisprudence is a source of debate. For some, CAS's lex sportiva is an autonomous global legal order, while others dispute this to varying degrees. Independence is a hallmark of a law-maker. This book critically examines whether CAS has sufficient independence for its jurisprudence to be regarded as law. First, the book assesses CAS's independence as against judicial standards of independence. Arguably, the closer CAS's standards of independence are to those that apply to the judiciary, the stronger may be the claim that CAS's lex sportiva constitutes law. The book proposes reforms to give CAS complete independence from the Olympic Movement and to allow CAS to be recognised as a legitimate law-making body. Second, the book examines CAS's independence from state law and whether CAS exercises final authority in its decision-making. This is done with reference to Swiss law, the New York Convention and EU law. The book shows that, although CAS has a large measure of independence from national laws in determining disputes, its independence is not unlimited. State public policy and EU competition and freedom of movement laws are key areas limiting CAS's independence and hence CAS's final authority.
Copyright notice © 2014 Stämpfli Publishers
ISBN 9783727231148
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