The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials
The Court of Arbitration for Sport (CAS) provides international sport with an independent authority specializing in sports-related disputes. Able to render binding decisions, CAS is dedicated to the settlement of sporting disputes swiftly and inexpensively. Since its inception in 1984, it has time and again earned the recognition and respect of all stakeholders in the sporting world, who regard its decisions as equivalent to judgments passed by state courts. In the words of the Swiss Federal Tribunal: "Having gradually built up the trust of the sporting world, this institution which is now widely recognised...remains one of the principal mainstays of organised sport."
This comprehensive commentary offers an exhaustive article-by-article analysis of the CAS Rules. Each provision is viewed within the larger context of international arbitration, supplemented by relevant doctrine, case law, and documents and materials from internal CAS practice. Among the topics covered are 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; and
- practical matters, costs-related issues, including recourse to legal aid.
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. This book is an indispensable work of reference for all sports law practitioners. It also offers an interpretive tool to all those interested in sports arbitration and suggests interesting procedural solutions transposable to international arbitration generally.
A Guide to the World Anti-Doping Code: A Fight for the Spirit of Sport
The laws relating to anti-doping change rapidly, and the World Anti-Doping Code has been at the centre of significant developments in this area over the last ten years. Since the first edition of this guide, the amended 2009 Code has come into effect and been applied in various decisions before national sporting tribunals and the Court of Arbitration for Sport. This second edition covers the significant changes introduced by the 2009 Code. More than forty summaries of recent cases illustrate the operation of the key provisions of the 2009 Code, in particular the articles relating to anti-doping rule violations and sanctions.
A Guide to the World Anti-Doping Code: A Fight for the Spirit of Sport
Doping is the biggest problem facing sport. The World Anti-Doping Code has been adopted by sporting organisations worldwide at both national and international level to provide a consistent and harmonised approach to anti-doping measures. The adoption of the Code, and its interpretation and application by the Court of Arbitration for Sport, has brought about great changes in sports law. This book provides a guide to the Code, illustrated through summaries of decisions by the Court of Arbitration for Sport and national level tribunals which show the Code in operation. It will assist all those involved in sport, whether as administrators, coaches or players, together with those who advise in the area and those interested in the operation of the current anti-doping regime. The book also explains the Amendments to the Code agreed in 2007 which are scheduled to come into force by January 2009.
Evidence in Anti-Doping at the Intersection of Science & Law (ASSER International Sports Law Series)
This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime.
Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded.
The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters.
Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland’s leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa
cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law.
The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.
The Code of the Court of Arbitration for Sport
This book is a comprehensive exploration of the provisions of the Court of Arbitration for Sport (CAS). Providing detailed analysis of the CAS Rules. 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.--Provided by publisher.
A Guide to the World Anti Doping Code
The law relating to anti-doping changes rapidly. The World Anti-Doping Code was first adopted in 2003 to provide a common set of anti-doping rules applicable across all sport worldwide. The Code has evolved and changed significantly through two major processes of review. This third edition provides essential guidance and commentary on the 2015 Code which replaces the 2009 Code. The 2015 Code contains many significant changes in the core Articles of the Code, particularly in the regime on sanctions for anti-doping rule violations, and in the amended International Standards. The text outlines how the current law has developed from anti-doping rules and principles in operation before the Code and explains the central role of the Court of Arbitration for Sport in this development and in applying the current Code. This third edition will be an important single resource for any reader working or studying in the field.
The Court of Arbitration for Sport
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.
The Court of Arbitration for Sport law making and the question of independence
Andrew Vaitiekunas A été écrit sous une forme ou une autre pendant la plus grande partie de sa vie. Vous pouvez trouver autant d'inspiration de The Court of Arbitration for Sport law making and the question of independence Aussi informatif et amusant. Cliquez sur le bouton TÉLÉCHARGER ou Lire en ligne pour obtenir gratuitement le livre de titre $ gratuitement.
The Court of Arbitration for Sport CAS an Alternative for U S Sports
Stephan Netzle A été écrit sous une forme ou une autre pendant la plus grande partie de sa vie. Vous pouvez trouver autant d'inspiration de The Court of Arbitration for Sport CAS an Alternative for U S Sports Aussi informatif et amusant. Cliquez sur le bouton TÉLÉCHARGER ou Lire en ligne pour obtenir gratuitement le livre de titre $ gratuitement.
Principles and Practice in EU Sports Law
Principles & Practice in EU Sports Law provides an overview of EU Sports Law. In particular it assesses sporting bodies' claims for legal autonomy from the 'ordinary law' of states and international organisations. Sporting bodies insist on using their expertise to create a set of globally applicable rules which should not be deviated from irrespective of the territory on which they are applied. The application of the lex sportiva, which refers to the conventions that define a sport's operation, is analysed, as well as how this is used in claims for sporting autonomy. The lex sportiva may generate conflicts with a state or international institution such as the European Union, and the motives behind sporting bodies' claims in favour of the lex sportiva's autonomy may be motivated by concern to uphold its integrity or to preserve commercial gain. Stephen Weatherill's text underlines the tense relationship between lex sportiva and national and regional jurisdictions which is exemplified with specific focus on the EU. The development of EU sports law and its controversies are detailed, reinforced by the example of relevant legal principles in the context of the practice of sports law. The intellectual heart of the text endeavours to make a normative assessment of the strength of claims in favour of sporting autonomy, and the comparison between different jurisdictions and sports is evident. Furthermore the enduring dilemma facing sports lawyers running throughout the text is whether sport should be regarded as special, and in turn how (far) its special character should be granted legal recognition.
Sports law has been growing with increasing rapidity over the years since the first edition of this book was published in 1999, regularly making headlines as well as leading to a developing body of law practised by specialist lawyers. This revised work, by leading practitioners in the field, with a foreword by Lord Coe, provides a coherent framework for understanding the principles of sports law in this area, as well as a deep analysis of its key features. The subject is split into various areas of practice: first, regulatory rules, which embrace the constitutional aspect of organised sport, including the disciplinary procedures of the various governing organisations; second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players; and third, player's rights and obligations, which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. London 2012 provides an appropriate point at which to assess the current state of the law, as well as a look to the future. The target readership extends from solicitors, barristers and legal advisers, to sports organisations and clubs, corporations involved in marketing and sponsorship, media companies, academics teaching sports law, and sports administrators. "I commend it to everyone who has to administer sport as well as to those who have to advise the administrators or argue cases in the field on whatever side. It is a gold medal book.?? From the Foreword by Lord Coe KBE
Digest of CAS Awards 2000 2003
The Court of Arbitration for Sport (CAS) provides international sport with an organisation dedicated to the settlement of sporting disputes swiftly and inexpensively. Its decisions are equivalent to judgments passed by state courts. Since its inception in 1984, it has time and time again earned the recognition and respect of all stakeholders in the sporting world. This third volume of major CAS decisions covers the years 2001, 2002 and 2003, including those decisions issued during the Olympic Games in Salt Lake City. In line with the first two compilations (which cover awards issued from 1986 to 2000), it continues to prepare the ground for a specialised case law, a real lex sportiva in development. It also contains all essential texts regarding the organisation and activities of CAS. Like the earlier volumes (the first of which won the René Cassin Prize, awarded every three years by the Académie Française des Sciences Morales et Politiques, in 1999), most decisions in Volume III are presented in both English and French. Matthieu Reeb is the Secretary General of the CAS and responsible for the management of the court, supervising the arbitration procedures and organising the CAS ad hoc divisions established during the Olympic Games and Commonwealth Games. In addition to editing the CAS Digests, Matthieu Reeb is also the author of several articles related to the CAS and its case law. Earlier volumes of the Digest have found a wide readership. This update is sure to continue that interest, especially with its detailed references, invaluable to legal practitioners, to sports law and arbitration. Sports organisation officials also will discover here an incomparable source of legal information.
International Arbitration Law and Practice in Switzerland
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
Yearbook of International Sports Arbitration 2015
The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts in 2015. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the CAS (e.g. the Dutee Chand case) and national courts (e.g. the Pechstein and Wilhelmshaven decision rendered by the OLG München and OLG Bremen in Germany). Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.