Κώδικας του Court of Arbitration for Sport σε ισχύ από 1.1.2019

16.1.2019

Code of Sports-related Arbitration

 

In force as from 1 January 2019

 

Statutes of the Bodies Working for the Settlement of Sports-Related Disputes

 

A Joint Dispositions

 

S1 In order to resolve sports-related disputes through arbitration and mediation, two

bodies are hereby created:

• the International Council of Arbitration for Sport (ICAS)

• the Court of Arbitration for Sport (CAS).

The disputes to which a federation, association or other sports-related body is a party

are a matter for arbitration pursuant to this Code, only insofar as the statutes or

regulations of the bodies or a specific agreement so provide.

The seat of both ICAS and CAS is Lausanne, Switzerland.

 

S2 The purpose of ICAS is to facilitate the resolution of sports-related disputes through

arbitration or mediation and to safeguard the independence of CAS and the rights of

the parties. It is also responsible for the administration and financing of CAS.

 

S3 CAS maintains one or more list(s) of arbitrators and provides for the arbitral

resolution of sports-related disputes through arbitration conducted by Panels

composed of one or three arbitrators.

CAS comprises of an Ordinary Arbitration Division, an Anti-doping Division and an

Appeals Arbitration Division.

CAS maintains a list of mediators and provides for the resolution of sports-related

disputes through mediation. The mediation procedure is governed by the CAS

Mediation Rules.

 

B The International Council of Arbitration for Sport (ICAS)

 

1 Composition

 

S4 ICAS is composed of twenty members, experienced jurists appointed in the following

manner:

a. four members are appointed by the International Sports Federations (IFs), viz.

three by the Association of Summer Olympic IFs (ASOIF) and one by the

Association of Winter Olympic IFs (AIOWF), chosen from within or outside their

membership;

b. four members are appointed by the Association of the National Olympic

Committees (ANOC), chosen from within or outside its membership;

c. four members are appointed by the International Olympic Committee (IOC),

chosen from within or outside its membership;

d. four members are appointed by the twelve members of ICAS listed above, after

appropriate consultation with a view to safeguarding the interests of the athletes;

e. four members are appointed by the sixteen members of ICAS listed above, chosen

from among personalities independent of the bodies designating the other

members of the ICAS.

 

S5 The members of ICAS are appointed for one or several renewable period(s) of four

years. Such nominations shall take place during the last year of each four-year cycle.

Upon their appointment, the members of ICAS sign a declaration undertaking to

exercise their function personally, with total objectivity and independence, in

conformity with this Code. They are, in particular, bound by the confidentiality

obligation provided in Article R43.

Members of the ICAS may not appear on the list of CAS arbitrators or mediators nor

act as counsel to any party in proceedings before the CAS.

If a member of the ICAS resigns, dies or is prevented from carrying out her/his

functions for any other reason, she/he is replaced, for the remaining period of her/his

mandate, in conformity with the terms applicable to her/his appointment.

ICAS may grant the title of Honorary Member to any former ICAS member who has

made an exceptional contribution to the development of ICAS or CAS. The title of

Honorary Member may be granted posthumously.

 

2 Attributions

 

S6 ICAS exercises the following functions:

1. It adopts and amends this Code;

2. It elects from among its members for one or several renewable period(s) of

four years:

• the President,

• two Vice-Presidents who shall replace the President if necessary, by

order of seniority in age; if the office of President becomes vacant, the

senior Vice-President shall exercise the functions and responsibilities

of the President until the election of a new President,

• the President of the Ordinary Arbitration Division, the President of the

Anti-doping Division and the President of the Appeals Arbitration

Division of the CAS,

• the deputies of the three Division Presidents who can replace them in

the event they are prevented from carrying out their functions;

The election of the President and of the Vice-Presidents shall take place after

consultation with the IOC, the ASOIF, the AIOWF and the ANOC.

The election of the President, Vice-Presidents, Division Presidents and their

deputies shall take place at the ICAS meeting following the appointment of the

ICAS members for the forthcoming period of four years;

3. It appoints the permanent commissions listed under Article S7 a. b. and c.;

4. It appoints the arbitrators who constitute the list of CAS arbitrators and the

mediators who constitute the list of CAS mediators on the proposal of the CAS

Membership Commission. It can also remove them from those lists;

5. It resolves challenges to and the removal of arbitrators through its Challenge

Commission, and performs any other functions identified in the Procedural

Rules;

6. It is responsible for the financing of and financial reporting by CAS. For such

purpose, inter alia:

6.1 it receives and manages the funds allocated to its operations;

6.2 it approves the ICAS budget prepared by the CAS Court Office and the

CAS Anti-Doping Division Office;

6.3 it approves the annual report and financial statements of ICAS prepared

in accordance with the requirements of Swiss Law;

7. It appoints the CAS Secretary General and may terminate her/his duties upon

proposal of the President;

8. It supervises the activities of the CAS Court Office and the CAS Anti-Doping

Division Office;

9. It provides for regional or local, permanent or ad hoc arbitration, including at

alternative hearing centres;

10. It creates a legal aid fund to facilitate access to CAS arbitration for individuals

without sufficient financial means and CAS legal aid guidelines for the

operation of the funds, including a Legal Aid Commission to decide on

requests for legal aid;

11. It may take any other action which it deems necessary to protect the rights of

the parties and to promote the settlement of sports-related disputes through

arbitration and mediation.

 

S7 ICAS exercises its functions itself, or through:

1. its Board, composed of the President, the two Vice-Presidents of the ICAS, the

President of the Ordinary Arbitration Division and the President of the Appeals

Arbitration Division; and,

2. the following permanent commissions:

a. The CAS Membership Commission, composed of two ICAS Members

appointed pursuant to Article S4 d. or e. of the Code, one of them being

appointed as commission chair, and by the three Division Presidents. The CAS

Membership Commission is responsible to propose the nomination of new

CAS arbitrators and mediators to the ICAS. It may also suggest the removal of

arbitrators and mediators from the CAS lists.

b. The Legal Aid Commission, composed of the ICAS President as commission

chair and by the four ICAS Members appointed pursuant to Article S4 d. of the

Code. The Legal Aid Commission shall exercise its functions pursuant to the

Guidelines on Legal Aid.

c. The Challenge Commission, composed of an ICAS Member to be appointed

from outside the IOC, IFs and ANOC selection and membership and who shall

act as commission chair, and by the 3 Division Presidents and their Deputies,

less the President and Deputy President of the Division concerned by the

specific procedure for challenge, who are automatically disqualified. The

Challenge Commission shall exercise its functions pursuant to Articles R34

and R35 of the Code.

The ICAS may not delegate to the Board the functions listed under Article S6,

paragraphs 1, 2, 6.2 and 6.3.

 

3 Operation

 

S8 1. ICAS meets whenever the activity of CAS so requires, but at least once a year.

A quorum at meetings of the ICAS consists of at least half its members. .

Decisions are taken during meetings or by correspondence by a majority of the

votes cast. Abstentions and blank or spoiled votes are not taken into

consideration in the calculation of the required majority. Voting by proxy is not

allowed. Voting is held by secret ballot if the President so decides or upon the

request of at least a quarter of the members present. The President has a casting

vote in the event of a tie.

2. Any modification of this Code requires a majority of two-thirds of the ICAS

members. Furthermore, the provisions of Article S8.1 apply.

3. Any ICAS member is eligible to be a candidate for the ICAS Presidency.

Registration as a candidate shall be made in writing and filed with the

Secretary General no later than four months prior to the election meeting.

The election of the ICAS President shall take place at the ICAS meeting

following the appointment of the ICAS members for a period of four years.

The quorum for such election is three-quarters of the ICAS members. The

President is elected by an absolute majority of the members present. If there is

more than one candidate for the position of President, successive rounds of

voting shall be organized. If no absolute majority is attained, the candidate

having the least number of votes in each round shall be eliminated. In the case

of a tie among two or more candidates, a vote between those candidates shall

be organized and the candidate having the least number of votes shall be

eliminated. If following this subsequent vote, there is still a tie, the candidate(s)

senior in age is(are) selected.

If a quorum is not present or if the last candidate in the voting rounds, or the

only candidate, does not obtain an absolute majority in the last round of voting,

the current president shall remain in her/his position until a new election can be

held. The new election shall be held within four months of the unsuccessful

election and in accordance with the above rules, with the exception that the

President is elected by a simple majority when two candidates or less remain in

competition.

The election is held by secret ballot. An election by correspondence is not

permitted.

4. The CAS Secretary General takes part in the decision-making with a

consultative voice and acts as Secretary to ICAS.

 

S9 The President of ICAS is also President of CAS. She/he is responsible for the ordinary

administrative tasks pertaining to the ICAS.

 

S10 The Board of ICAS meets at the invitation of the ICAS President.

The CAS Secretary General takes part in the decision-making with a consultative

voice and acts as Secretary to the Board.

A quorum of the Board consists of three of its members. Decisions are taken during

meetings or by correspondence by a simple majority of those voting; the President has

a casting vote in the event of a tie.

 

S11 A member of ICAS or the Board may be challenged when circumstances allow

legitimate doubt to be cast on her/his independence vis-à-vis a party to an arbitration

which must be the subject of a decision by ICAS or the Board pursuant to Article S6,

paragraph 4. She/he shall pre-emptively disqualify herself/himself when the subject of

a decision is an arbitration procedure in which a sports-related body to which she/he

belongs appears as a party or in which a member of the law firm to which she/he

belongs is an arbitrator or counsel.

ICAS, with the exception of the challenged member, shall determine the process with

respect to the procedure for challenge.

The disqualified member shall not take part in any deliberations concerning the

arbitration in question and shall not receive any information on the activities of ICAS

and the Board concerning such arbitration.

 

C The Court of Arbitration for Sport (CAS)

 

1 Mission

 

S12 CAS constitutes Panels which have the responsibility of resolving disputes arising in

the context of sport by arbitration and/or mediation pursuant to the Procedural Rules

(Articles R27 et seq.).

For such purpose, CAS provides the necessary infrastructure, effects the constitution

of Panels and oversees the efficient conduct of the proceedings.

The responsibilities of Panels are, inter alia:

a. to resolve the disputes referred to them through ordinary arbitration;

b. to resolve anti-doping-related matters as a first-instance authority or as a sole

instance;

c. to resolve through the appeals arbitration procedure disputes concerning the

decisions of federations, associations or other sports-related bodies, insofar as

the statutes or regulations of the said sports-related bodies or a specific

agreement so provide

d. to resolve the disputes that are referred to them through mediation.

 

2 Arbitrators and mediators

 

S13 The personalities designated by ICAS, pursuant to Article S6, paragraph 3, appear on

the CAS list for one or several renewable period(s) of four years. ICAS reviews the

complete list every four years; the new list enters into force on 1 January of the year

following its establishment.

There shall be not less than one hundred fifty arbitrators and fifty mediators.

 

S14 The ICAS shall appoint personalities to the list of CAS arbitrators with appropriate

legal training, recognized competence with regard to sports law and/or international

arbitration, a good knowledge of sport in general and a good command of at least one

CAS working language, whose names and qualifications are brought to the attention

of ICAS, including by the IOC, the IFs, the NOCs and by the athletes’ commissions of

the IOC, IFs and NOCs. ICAS may identify the arbitrators having a specific expertise

to deal with certain types of disputes.

The ICAS shall appoint personalities to the list of CAS mediators with experience in

mediation and a good knowledge of sport in general.

 

S15 ICAS shall publish such lists of CAS arbitrators and mediators, as well as all

subsequent modifications thereof.

 

S16 When appointing arbitrators and mediators, the ICAS shall consider continental

representation and the different juridical cultures.

 

S17 Subject to the provisions of the Procedural Rules (Articles R27 et seq.), if a CAS

arbitrator resigns, dies or is unable to carry out her/his functions for any other reason,

she/he may be replaced, for the remaining period of her/his mandate, in conformity

with the terms applicable to her/his appointment.

 

S18 Arbitrators who appear on the CAS list may serve on Panels constituted by either of

the CAS Divisions.

Upon their appointment, CAS arbitrators and mediators shall sign an official

declaration undertaking to exercise their functions personally with total objectivity,

independence and impartiality, and in conformity with the provisions of this Code.

CAS arbitrators and mediators may not act as counsel for a party before the CAS.

 

S19 CAS arbitrators and mediators are bound by the duty of confidentiality, which is

provided for in the Code and in particular shall not disclose to any third party any facts

or other information relating to proceedings conducted before CAS.

ICAS may remove an arbitrator or a mediator from the list of CAS members,

temporarily or permanently, if she/he violates any rule of this Code or if her/his action

affects the reputation of ICAS and/or CAS.

 

3 Organisation of the CAS

 

S20 The CAS is composed of three divisions, the Ordinary Arbitration Division, the Antidoping

 

Division and the Appeals Arbitration Division.

a. The Ordinary Arbitration Division constitutes Panels, whose responsibility

is to resolve disputes submitted to the ordinary procedure, and performs,

through the intermediary of its President or her/his deputy, all other functions

in relation to the efficient running of the proceedings pursuant to the

Procedural Rules (Articles R27 et seq.).

b. The Anti-doping Division constitutes Panels, whose responsibility is to

resolve disputes related to anti-doping matters as a first-instance authority or as

a sole instance. It performs, through the intermediary of its President or her/his

deputy, all other functions in relation to the quick and efficient running of the

proceedings pursuant to the Procedural Rules (Articles A1 et seq.)

c. The Appeals Arbitration Division constitutes Panels, whose responsibility is

to resolve disputes concerning the decisions of federations, associations or

other sports-related bodies insofar as the statutes or regulations of the said

sports-related bodies or a specific agreement so provide. It performs, through

the intermediary of its President or her/his deputy, all other functions in

relation to the efficient running of the proceedings pursuant to the Procedural

Rules (Articles R27 et seq.).

Arbitration proceedings submitted to CAS are assigned by the CAS Court Office to

the appropriate Division. Such assignment may not be contested by the parties nor be

raised by them as a cause of irregularity. In the event of a change of circumstances

during the proceedings, the CAS Court Office, after consultation with the Panel, may

assign the arbitration to another Division. Such re-assignment shall not affect the

constitution of the Panel nor the validity of any proceedings, decisions or orders prior

to such re-assignment.

The CAS mediation system operates pursuant to the CAS Mediation Rules.

 

S21 The President of either Division may be challenged if circumstances exist that give

rise to legitimate doubts with regard to her/his independence vis-à-vis one of the

parties to an arbitration assigned to her/his Division. She/he shall pre-emptively

disqualify herself/himself if, in arbitration proceedings assigned to her/his Division,

one of the parties is a sports-related body to which she/he belongs, or if a member of

the law firm to which she/he belongs is acting as arbitrator or counsel.

ICAS shall determine the procedure with respect to any challenge. The challenged

President shall not participate in such determination.

If the President of a Division is challenged, the functions relating to the efficient

running of the proceedings conferred upon her/him by the Procedural Rules (Articles

R27 et seq.), shall be performed by her/his deputy or by the CAS President, if the

deputy is also challenged. No disqualified person shall receive any information

concerning the activities of CAS regarding the arbitration proceedings giving rise to

her/his disqualification.

 

S22 CAS includes a Court Office composed of the Secretary General and one or more

Counsel, who may represent the Secretary General when required.

The CAS Court Office performs the functions assigned to it by this Code.

 

D Miscellaneous Provisions

 

S23 These Statutes are supplemented by the Procedural Rules and by the Arbitration Rules

for the CAS Anti-doping Division adopted by ICAS.

 

S24 The English text and the French text are authentic. In the event of any divergence, the

French text shall prevail.

 

S25 These Statutes may be amended by decision of the ICAS pursuant to Article S8.

 

S26 These Statutes and Procedural Rules come into force by the decision of ICAS, taken

by a two-thirds majority.

 

Procedural Rules

 

A General Provisions

 

R27 Application of the Rules

 

These Procedural Rules apply whenever the parties have agreed to refer a sportsrelated

dispute to CAS. Such reference may arise out of an arbitration clause contained

in a contract or regulations or by reason of a later arbitration agreement (ordinary

arbitration proceedings) or may involve an appeal against a decision rendered by a

federation, association or sports-related body where the statutes or regulations of such

bodies, or a specific agreement provide for an appeal to CAS (appeal arbitration

proceedings).

Such disputes may involve matters of principle relating to sport or matters of

pecuniary or other interests relating to the practice or the development of sport and

may include, more generally, any activity or matter related or connected to sport.

 

R28 Seat

The seat of CAS and of each Arbitration Panel (Panel) is Lausanne, Switzerland.

However, should circumstances so warrant, and after consultation with all parties, the

President of the Panel may decide to hold a hearing in another place and may issue the

appropriate directions related to such hearing.

 

R29 Language

The CAS working languages are French and English. In the absence of agreement

between the parties, the President of the Panel or, if she/he has not yet been appointed,

the President of the relevant Division, shall select one of these two languages as the

language of the arbitration at the outset of the procedure, taking into account all

relevant circumstances. Thereafter, the proceedings shall be conducted exclusively in

that language, unless the parties and the Panel agree otherwise.

The parties may request that a language other than French or English be selected,

provided that the Panel and the CAS Court Office agree. If agreed, the CAS Court

Office determines with the Panel the conditions related to the choice of the language;

the Panel may order that the parties bear all or part of the costs of translation and

interpretation. If a hearing is to be held, the Panel may allow a party to use a language

other than that chosen for the arbitration, on condition that it provides, at its own cost,

interpretation into and from the official language of the arbitration.

The Panel or, prior to the constitution of the Panel, the Division President may order

that all documents submitted in languages other than that of the proceedings be filed

together with a certified translation in the language of the proceedings.

 

R30 Representation and Assistance

The parties may be represented or assisted by persons of their choice. The names,

addresses, electronic mail addresses, telephone and facsimile numbers of the persons

representing the parties shall be communicated to the CAS Court Office, the other

party and the Panel after its formation. Any party represented by an attorney or other

person shall provide written confirmation of such representation to the CAS Court

Office.

 

R31 Notifications and Communications

All notifications and communications that CAS or the Panel intend for the parties shall

be made through the CAS Court Office. The notifications and communications shall

be sent to the address shown in the arbitration request or the statement of appeal, or to

any other address specified at a later date.

All arbitration awards, orders, and other decisions made by CAS and the Panel shall

be notified by courier and/or by facsimile and/or by electronic mail but at least in a

form permitting proof of receipt.

The request for arbitration, the statement of appeal and any other written submissions,

printed or saved on digital medium, must be filed by courier delivery to the CAS

Court Office by the parties in as many copies as there are other parties and arbitrators,

together with one additional copy for the CAS itself, failing which the CAS shall not

proceed. If they are transmitted in advance by facsimile or by electronic mail at the

official CAS email address (procedures@tas-cas.org), the filing is valid upon receipt

of the facsimile or of the electronic mail by the CAS Court Office provided that the

written submission and its copies are also filed by courier within the first subsequent

business day of the relevant time limit, as mentioned above.

Filing of the above-mentioned submissions by electronic mail is permitted under the

conditions set out in the CAS guidelines on electronic filing.

The exhibits attached to any written submissions may be sent to the CAS Court Office

by electronic mail, provided that they are listed and that each exhibit can be clearly

identified; the CAS Court Office may then forward them by the same means. Any

other communications from the parties intended for the CAS Court Office or the Panel

shall be sent by courier, facsimile or electronic mail to the CAS Court Office.

 

R32 Time limits

The time limits fixed under this Code shall begin from the day after that on which

notification by the CAS is received. Official holidays and non-working days are

included in the calculation of time limits. The time limits fixed under this Code are

respected if the communications by the parties are sent before midnight, time of the

location of their own domicile or, if represented, of the domicile of their main legal

representative, on the last day on which such time limits expire. If the last day of the

time limit is an official holiday or a non-business day in the location from where the

document is to be sent, the time limit shall expire at the end of the first subsequent

business day.

Upon application on justified grounds and after consultation with the other party (or

parties), either the President of the Panel or, if she/he has not yet been appointed, the

President of the relevant Division, may extend the time limits provided in these

Procedural Rules, with the exception of the time limit for the filing of the statement of

appeal, if the circumstances so warrant and provided that the initial time limit has not

already expired. With the exception of the time limit for the statement of appeal, any

request for a first extension of time of a maximum of five days can be decided by the

CAS Secretary General without consultation with the other party (-ies).

The Panel or, if it has not yet been constituted, the President of the relevant Division

may, upon application on justified grounds, suspend an ongoing arbitration for a

limited period of time.

 

R33 Independence and Qualifications of Arbitrators

Every arbitrator shall be and remain impartial and independent of the parties and shall

immediately disclose any circumstances which may affect her/his independence with

respect to any of the parties.

Every arbitrator shall appear on the list drawn up by the ICAS in accordance with the

Statutes which are part of this Code, shall have a good command of the language of

the arbitration and shall be available as required to complete the arbitration

expeditiously.

 

R34 Challenge

An arbitrator may be challenged if the circumstances give rise to legitimate doubts

over her/his independence or over her/his impartiality. The challenge shall be brought

within seven days after the ground for the challenge has become known.

Challenges shall be determined by the Challenge Commission, which has the

discretion to refer a case to ICAS. The challenge of an arbitrator shall be lodged by

the party raising it, in the form of a petition setting forth the facts giving rise to the

challenge, which shall be sent to the CAS Court Office or the CAS Anti-Doping

Division Court Office. The Challenge Commission or ICAS shall rule on the

challenge after the other party (or parties), the challenged arbitrator and the other

arbitrators, if any, have been invited to submit written comments. Such comments

shall be communicated by the CAS Court Office or the CAS Anti-Doping Division

Court Office to the parties and to the other arbitrators, if any. The Challenge

Commission or ICAS shall give brief reasons for its decision and may decide to

publish it.

 

R35 Removal

An arbitrator may be removed by the Challenge Commission if she/he refuses to or is

prevented from carrying out her/his duties or if she/he fails to fulfil her/his duties

pursuant to this Code within a reasonable time. The Challenge Commission shall

invite the parties, the arbitrator in question and the other arbitrators, if any, to submit

written comments and shall give brief reasons for its decision. Removal of an

arbitrator cannot be requested by a party.

 

R36 Replacement

In the event of resignation, death, removal or successful challenge of an arbitrator,

such arbitrator shall be replaced in accordance with the provisions applicable to

her/his appointment. If, within the time limit fixed by the CAS Court Office, the

Claimant/Appellant does not appoint an arbitrator to replace the arbitrator it had

initially appointed, the arbitration shall not be initiated or, in the event it has been

already initiated, shall be terminated. Unless otherwise agreed by the parties or

otherwise decided by the Panel, the proceedings shall continue without repetition of

any aspect thereof prior to the replacement.

 

R37 Provisional and Conservatory Measures

No party may apply for provisional or conservatory measures under these Procedural

Rules before all internal legal remedies provided for in the rules of the federation or

sports-body concerned have been exhausted.

Upon filing of the request for provisional measures, the Applicant shall pay a nonrefundable Court Office fee of Swiss francs 1,000.—, without which CAS shall not

proceed. The CAS Court Office fee shall not be paid again upon filing of the request

for arbitration or of the statement of appeal in the same procedure.

The President of the relevant Division, prior to the transfer of the file to the Panel, or

thereafter, the Panel may, upon application by a party, make an order for provisional

or conservatory measures. In agreeing to submit any dispute subject to the ordinary

arbitration procedure or to the appeal arbitration procedure to these Procedural Rules,

the parties expressly waive their rights to request any such measures from state

authorities or tribunals.

Should an application for provisional measures be filed, the President of the relevant

Division or the Panel shall invite the other party (or parties) to express a position

within ten days or a shorter time limit if circumstances so require. The President of the

relevant Division or the Panel shall issue an order on an expedited basis and shall first

rule on the prima facie CAS jurisdiction. The Division President may terminate the

arbitration procedure if she/he rules that the CAS clearly has no jurisdiction. In cases

of utmost urgency, the President of the relevant Division, prior to the transfer of the

file to the Panel, or thereafter the President of the Panel may issue an order upon mere

presentation of the application, provided that the opponent is subsequently heard.

When deciding whether to award preliminary relief, the President of the Division or

the Panel, as the case may be, shall consider whether the relief is necessary to protect

the applicant from irreparable harm, the likelihood of success on the merits of the

claim, and whether the interests of the Applicant outweigh those of the Respondent(s).

The procedure for provisional measures and the provisional measures already granted,

if any, are automatically annulled if the party requesting them does not file a related

request for arbitration within 10 days following the filing of the request for provisional

measures (ordinary procedure) or any statement of appeal within the time limit

provided by Article R49 of the Code (appeals procedure). Such time limits cannot be

extended.

Provisional and conservatory measures may be made conditional upon the provision

of security.

 

B Special Provisions Applicable to the Ordinary Arbitration Procedure

 

R38 Request for Arbitration

The party intending to submit a matter to arbitration under these Procedural Rules

(Claimant) shall file a request with the CAS Court Office containing:

• the name and full address of the Respondent(s);

• a brief statement of the facts and legal argument, including a statement of the

issue to be submitted to the CAS for determination;

• its request for relief;

• a copy of the contract containing the arbitration agreement or of any document

providing for arbitration in accordance with these Procedural Rules;

• any relevant information about the number and choice of the arbitrator(s); if

the relevant arbitration agreement provides for three arbitrators, the name of

the arbitrator from the CAS list of arbitrators chosen by the Claimant.

Upon filing its request, the Claimant shall pay the Court Office fee provided in Article

R64.1.

If the above-mentioned requirements are not fulfilled when the request for arbitration

is filed, the CAS Court Office may grant a single short deadline to the Claimant to

complete the request, failing which the CAS Court Office shall not proceed.

 

R39 Initiation of the Arbitration by CAS and Answer – CAS Jurisdiction

Unless it is clear from the outset that there is no arbitration agreement referring to

CAS, the CAS Court Office shall take all appropriate actions to set the arbitration in

motion. It shall communicate the request to the Respondent, call upon the parties to

express themselves on the law applicable to the merits of the dispute and set time

limits for the Respondent to submit any relevant information about the number and

choice of the arbitrator(s) from the CAS list, as well as to file an answer to the request

for arbitration.

The answer shall contain:

• a brief statement of defence;

• any defence of lack of jurisdiction;

• any counterclaim.

The Respondent may request that the time limit for the filing of the answer be fixed

after the payment by the Claimant of its share of the advance of costs provided by

Article R64.2 of this Code.

The Panel shall rule on its own jurisdiction, irrespective of any legal action already

pending before a State court or another arbitral tribunal relating to the same object

between the same parties, unless substantive grounds require a suspension of the

proceedings.

When an objection to CAS jurisdiction is raised, the CAS Court Office or the Panel, if

already constituted, shall invite the parties to file written submissions on jurisdiction.

The Panel may rule on its jurisdiction either in a preliminary decision or in an award

on the merits.

Where a party files a request for arbitration related to an arbitration agreement and

facts similar to those which are the subject of a pending ordinary procedure before

CAS, the President of the Panel, or if she/he has not yet been appointed, the President

of the Division, may, after consulting the parties, decide to consolidate the two

procedures.

 

R40 Formation of the Panel

R40.1 Number of Arbitrators

The Panel is composed of one or three arbitrators. If the arbitration agreement does not

specify the number of arbitrators, the President of the Division shall determine the

number, taking into account the circumstances of the case. The Division President may

then choose to appoint a Sole arbitrator when the Claimant so requests and the

Respondent does not pay its share of the advance of costs within the time limit fixed

by the CAS Court Office.

R40.2 Appointment of the Arbitrators

The parties may agree on the method of appointment of the arbitrators from the CAS

list. In the absence of an agreement, the arbitrators shall be appointed in accordance

with the following paragraphs.

If, by virtue of the arbitration agreement or a decision of the President of the Division,

a sole arbitrator is to be appointed, the parties may select her/him by mutual

agreement within a time limit of fifteen days set by the CAS Court Office upon receipt

of the request. In the absence of agreement within that time limit, the President of the

Division shall proceed with the appointment.

If, by virtue of the arbitration agreement, or a decision of the President of the Division,

three arbitrators are to be appointed, the Claimant shall nominate its arbitrator in the

request or within the time limit set in the decision on the number of arbitrators, failing

which the request for arbitration is deemed to have been withdrawn. The Respondent

shall nominate its arbitrator within the time limit set by the CAS Court Office upon

receipt of the request. In the absence of such appointment, the President of the

Division shall proceed with the appointment in lieu of the Respondent. The two

arbitrators so appointed shall select the President of the Panel by mutual agreement

within a time limit set by the CAS Court Office. Failing agreement within that time

limit, the President of the Division shall appoint the President of the Panel.

R40.3 Confirmation of the Arbitrators and Transfer of the File

An arbitrator nominated by the parties or by other arbitrators shall only be deemed

appointed after confirmation by the President of the Division, who shall ascertain that

each arbitrator complies with the requirements of Article R33.

Once the Panel is formed, the CAS Court Office takes notice of the formation and

transfers the file to the arbitrators, unless none of the parties has paid an advance of

costs provided by Article R64.2 of the Code.

An ad hoc clerk independent of the parties may be appointed to assist the Panel.

Her/his fees shall be included in the arbitration costs.

 

R41 Multiparty Arbitration

R41.1 Plurality of Claimants / Respondents

If the request for arbitration names several Claimants and/or Respondents, CAS shall

proceed with the formation of the Panel in accordance with the number of arbitrators

and the method of appointment agreed by all parties. In the absence of agreement, the

President of the Division shall decide on the number of arbitrators in accordance with

Article R40.1.

If a sole arbitrator is to be appointed, Article R40.2 shall apply. If three arbitrators are

to be appointed and there are several Claimants, the Claimants shall jointly nominate

an arbitrator. If three arbitrators are to be appointed and there are several Respondents,

the Respondents shall jointly nominate an arbitrator. In the absence of such a joint

nomination, the President of the Division shall proceed with the particular

appointment.

If there are three or more parties with divergent interests, both arbitrators shall be

appointed in accordance with the agreement between the parties. In the absence of

agreement, the arbitrators shall be appointed by the President of the Division in

accordance with Article R40.2.

In all cases, the arbitrators shall select the President of the Panel in accordance with

Article R40.2.

R41.2 Joinder

If a Respondent intends to cause a third party to participate in the arbitration, it shall

so state in its answer, together with the reasons therefor, and file an additional copy of

its answer. The CAS Court Office shall communicate this copy to the person whose

participation is requested and fix a time limit for such person to state its position on its

participation and to submit a response pursuant to Article R39. It shall also fix a time

limit for the Claimant to express its position on the participation of the third party.

R41.3 Intervention

If a third party wishes to participate as a party to the arbitration, it shall file an

application to this effect with the CAS Court Office, together with the reasons therefor

within 10 days after the arbitration has become known to the intervenor, provided that

such application is filed prior to the hearing, or prior to the closing of the evidentiary

proceedings if no hearing is held. The CAS Court Office shall communicate a copy of

this application to the parties and fix a time limit for them to express their position on

the participation of the third party and to file, to the extent applicable, an answer

pursuant to Article R39.

R41.4 Joint Provisions on Joinder and Intervention

A third party may only participate in the arbitration if it is bound by the arbitration

agreement or if it and the other parties agree in writing.

Upon expiration of the time limit set in Articles R41.2 and R41.3, the President of the

Division or the Panel, if it has already been appointed, shall decide on the participation

of the third party, taking into account, in particular, the prima facie existence of an

arbitration agreement as contemplated in Article R39. The decision of the President of

the Division shall be without prejudice to the decision of the Panel on the same matter.

If the President of the Division accepts the participation of the third party, CAS shall

proceed with the formation of the Panel in accordance with the number of arbitrators

and the method of appointment agreed by all parties. In the absence of agreement

between the parties, the President of the Division shall decide on the number of

arbitrators in accordance with Article R40.1. If a sole arbitrator is to be appointed,

Article R40.2 shall apply. If three arbitrators are to be appointed, the arbitrators shall

be appointed by the President of the Division and shall nominate the President of the

Panel in accordance with Article R40.2.

Regardless of the decision of the Panel on the participation of the third party, the

formation of the Panel cannot be challenged. In the event that the Panel accepts the

participation, it shall, if required, issue related procedural directions.

After consideration of submissions by all parties concerned, the Panel shall determine

the status of the third party and its rights in the procedure.

After consideration of submissions by all parties concerned, the Panel may allow the

filing of amicus curiae briefs, on such terms and conditions as it may fix.

 

R42 Conciliation

The President of the Division, before the transfer of the file to the Panel, and thereafter

the Panel may at any time seek to resolve the dispute by conciliation. Any settlement

may be embodied in an arbitral award rendered by consent of the parties.

 

R43 Confidentiality

Proceedings under these Procedural Rules are confidential. The parties, the arbitrators

and CAS undertake not to disclose to any third party any facts or other information

relating to the dispute or the proceedings without the permission of CAS. Awards shall

not be made public unless all parties agree or the Division President so decides.

 

R44 Procedure before the Panel

R44.1 Written Submissions

The proceedings before the Panel comprise written submissions and, in principle, an

oral hearing. Upon receipt of the file and if necessary, the President of the Panel shall

issue directions in connection with the written submissions. As a general rule, there

shall be one statement of claim, one response and, if the circumstances so require, one

reply and one second response. The parties may, in the statement of claim and in the

response, raise claims not contained in the request for arbitration and in the answer to

the request. Thereafter, no party may raise any new claim without the consent of the

other party.

Together with their written submissions, the parties shall produce all written evidence

upon which they intend to rely. After the exchange of the written submissions, the

parties shall not be authorized to produce further written evidence, except by mutual

agreement, or if the Panel so permits, on the basis of exceptional circumstances.

In their written submissions, the parties shall list the name(s) of any witnesses, whom

they intend to call, including a brief summary of their expected testimony, and the

name(s) of any experts, stating their area of expertise, and shall state any other

evidentiary measure which they request. Any witness statements shall be filed together

with the parties’ submissions, unless the President of the Panel decides otherwise.

If a counterclaim and/or jurisdictional objection is filed, the CAS Court Office shall

fix a time limit for the Claimant to file an answer to the counterclaim and/or

jurisdictional objection.

R44.2 Hearing

If a hearing is to be held, the President of the Panel shall issue directions with respect

to the hearing as soon as possible and set the hearing date. As a general rule, there

shall be one hearing during which the Panel hears the parties, any witnesses and any

experts, as well as the parties’ final oral arguments, for which the Respondent is heard

last.

The President of the Panel shall conduct the hearing and ensure that the statements

made are concise and limited to the subject of the written presentations, to the extent

that these presentations are relevant. Unless the parties agree otherwise, the hearings

are not public. The hearing may be recorded. Any person heard by the Panel may be

assisted by an interpreter at the cost of the party which called such person.

The parties may only call such witnesses and experts which they have specified in

their written submissions. Each party is responsible for the availability and costs of the

witnesses and experts it has called.

The President of the Panel may decide to conduct a hearing by video-conference or to

hear some parties, witnesses and experts via tele-conference or video-conference.

With the agreement of the parties, she/he may also exempt a witness or expert from

appearing at the hearing if the witness or expert has previously filed a statement.

The Panel may limit or disallow the appearance of any witness or expert, or any part

of their testimony, on the grounds of irrelevance.

Before hearing any witness, expert or interpreter, the Panel shall solemnly invite such

person to tell the truth, subject to the sanctions of perjury.

Once the hearing is closed, the parties shall not be authorized to produce further

written pleadings, unless the Panel so orders.

After consulting the parties, the Panel may, if it deems itself to be sufficiently well

informed, decide not to hold a hearing.

R44.3 Evidentiary Proceedings Ordered by the Panel

A party may request the Panel to order the other party to produce documents in its

custody or under its control. The party seeking such production shall demonstrate that

such documents are likely to exist and to be relevant.

If it deems it appropriate to supplement the presentations of the parties, the Panel may

at any time order the production of additional documents or the examination of

witnesses, appoint and hear experts, and proceed with any other procedural step. The

Panel may order the parties to contribute to any additional costs related to the hearing

of witnesses and experts.

The Panel shall consult the parties with respect to the appointment and terms of

reference of any expert. The expert shall be independent of the parties. Before

appointing her/him, the Panel shall invite her/him to immediately disclose any

circumstances likely to affect her/his independence with respect to any of the parties.

R44.4 Expedited Procedure

With the consent of the parties, the Division President or the Panel may proceed in an

expedited manner and may issue appropriate directions therefor.

R44.5 Default

If the Claimant fails to submit its statement of claim in accordance with Article R44.1

of the Code, the request for arbitration shall be deemed to have been withdrawn.

If the Respondent fails to submit its response in accordance with Article R44.1 of the

Code, the Panel may nevertheless proceed with the arbitration and deliver an award.

If any of the parties, or its witnesses, has been duly summoned and fails to appear at

the hearing, the Panel may nevertheless proceed with the hearing and deliver an

award.

 

R45 Law Applicable to the Merits

The Panel shall decide the dispute according to the rules of law chosen by the parties

or, in the absence of such a choice, according to Swiss law. The parties may authorize

the Panel to decide ex aequo et bono.

 

R46 Award

The award shall be made by a majority decision, or, in the absence of a majority, by

the President alone. The award shall be written, dated and signed. Unless the parties

agree otherwise, it shall briefly state reasons. The sole signature of the President of the

Panel or the signatures of the two co-arbitrators, if the President does not sign, shall

suffice. Before the award is signed, it shall be transmitted to the CAS Secretary

General who may make rectifications of pure form and may also draw the attention of

the Panel to fundamental issues of principle. Dissenting opinions are not recognized

by the CAS and are not notified.

The Panel may decide to communicate the operative part of the award to the parties,

prior to delivery of the reasons. The award shall be enforceable from such notification

of the operative part by courier, facsimile and/or electronic mail.

The award, notified by the CAS Court Office, shall be final and binding upon the

parties subject to recourse available in certain circumstances pursuant to Swiss Law

within 30 days from the notification of the award by mail or courier. It may not be

challenged by way of an action for setting aside to the extent that the parties have no

domicile, habitual residence, or business establishment in Switzerland and that they

have expressly excluded all setting aside proceedings in the arbitration agreement or in

a subsequent agreement, in particular at the outset of the arbitration.

 

C Special Provisions Applicable to the Appeal Arbitration Procedure

 

R47 Appeal

An appeal against the decision of a federation, association or sports-related body may

be filed with CAS if the statutes or regulations of the said body so provide or if the

parties have concluded a specific arbitration agreement and if the Appellant has

exhausted the legal remedies available to it prior to the appeal, in accordance with the

statutes or regulations of that body.

An appeal may be filed with CAS against an award rendered by CAS acting as a first

instance tribunal if such appeal has been expressly provided by the rules of the

federation or sports-body concerned.

 

R48 Statement of Appeal

The Appellant shall submit to CAS a statement of appeal containing:

• the name and full address of the Respondent(s);

• a copy of the decision appealed against;

• the Appellant’s request for relief;

• the nomination of the arbitrator chosen by the Appellant from the CAS list,

unless the Appellant requests the appointment of a sole arbitrator;

• if applicable, an application to stay the execution of the decision appealed

against, together with reasons;

• a copy of the provisions of the statutes or regulations or the specific agreement

providing for appeal to CAS.

Upon filing the statement, the Appellant shall pay the CAS Court Office fee provided

for in Article R64.1 or Article R65.2.

If the above-mentioned requirements are not fulfilled when the statement of appeal is

filed, the CAS Court Office may grant a one-time-only short deadline to the Appellant

to complete its statement of appeal, failing receipt of which within the deadline, the

CAS Court Office shall not proceed.

 

R49 Time limit for Appeal

In the absence of a time limit set in the statutes or regulations of the federation,

association or sports-related body concerned, or in a previous agreement, the time

limit for appeal shall be twenty-one days from the receipt of the decision appealed

against. The Division President shall not initiate a procedure if the statement of appeal

is, on its face, late and shall so notify the person who filed the document. When a

procedure is initiated, a party may request the Division President or the President of

the Panel, if a Panel has been already constituted, to terminate it if the statement of

appeal is late. The Division President or the President of the Panel renders her/his

decision after considering any submission made by the other parties.

 

R50 Number of Arbitrators

The appeal shall be submitted to a Panel of three arbitrators, unless the parties have

agreed to a Panel composed of a sole arbitrator or, in the absence of any agreement

between the parties regarding the number of arbitrators, the President of the Division

decides to submit the appeal to a sole arbitrator, taking into account the circumstances

of the case, including whether or not the Respondent pays its share of the advance of

costs within the time limit fixed by the CAS Court Office.

When two or more cases clearly involve the same issues, the President of the Appeals

Arbitration Division may invite the parties to agree to refer these cases to the same

Panel; failing any agreement between the parties, the President of the Division shall

decide.

 

R51 Appeal Brief

Within ten days following the expiry of the time limit for the appeal, the Appellant

shall file with the CAS Court Office a brief stating the facts and legal arguments

giving rise to the appeal, together with all exhibits and specification of other evidence

upon which it intends to rely. Alternatively, the Appellant shall inform the CAS Court

Office in writing within the same time limit that the statement of appeal shall be

considered as the appeal brief. The appeal shall be deemed to have been withdrawn if

the Appellant fails to meet such time limit.

In its written submissions, the Appellant shall specify the name(s) of any witnesses,

including a brief summary of their expected testimony, and the name(s) of any

experts, stating their area of expertise, it intends to call and state any other evidentiary

measure which it requests. The witness statements, if any, shall be filed together with

the appeal brief, unless the President of the Panel decides otherwise.

 

R52 Initiation of the Arbitration by the CAS

Unless it appears from the outset that there is clearly no arbitration agreement

referring to CAS, that the agreement is clearly not related to the dispute at stake or that

the internal legal remedies available to the Appellant have clearly not been exhausted,

CAS shall take all appropriate actions to set the arbitration in motion. The CAS Court

Office shall communicate the statement of appeal to the Respondent, and the President

of the Division shall proceed with the formation of the Panel in accordance with

Articles R53 and R54. If applicable, she/he shall also decide promptly on any

application for a stay or for interim measures.

The CAS Court Office shall send a copy of the statement of appeal and appeal brief to

the authority which issued the challenged decision, for information.

The CAS Court Office may publicly announce the initiation of any appeals arbitration

procedure and, at a later stage and where applicable, the composition of the arbitral

panel and the hearing date, unless the parties agree otherwise.

With the agreement of the parties, the Panel or, if it has not yet been appointed, the

President of the Division may proceed in an expedited manner and shall issue

appropriate directions for such procedure.

Where a party files a statement of appeal in connection with a decision which is the

subject of a pending appeal before CAS, the President of the Panel, or if she/he has not

yet been appointed, the President of the Division, may decide, after inviting

submissions from the parties, to consolidate the two procedures.

 

R53 Nomination of Arbitrator by the Respondent

Unless the parties have agreed to a Panel composed of a sole arbitrator or the

President of the Division considers that the appeal should be submitted to a sole

arbitrator, the Respondent shall nominate an arbitrator within ten days after receipt of

the statement of appeal. In the absence of a nomination within such time limit, the

President of the Division shall make the appointment.

R54 Appointment of the Sole Arbitrator or of the President and Confirmation of the

Arbitrators by CAS

If, by virtue of the parties’ agreement or of a decision of the President of the Division,

a sole arbitrator is to be appointed, the President of the Division shall appoint the sole

arbitrator upon receipt of the motion for appeal or as soon as a decision on the number

of arbitrators has been rendered.

If three arbitrators are to be appointed, the President of the Division shall appoint the

President of the Panel following nomination of the arbitrator by the Respondent and

after having consulted the arbitrators. The arbitrators nominated by the parties shall

only be deemed appointed after confirmation by the President of the Division. Before

proceeding with such confirmation, the President of the Division shall ensure that the

arbitrators comply with the requirements of Article R33.

Once the Panel is formed, the CAS Court Office takes notice of the formation of the

Panel and transfers the file to the arbitrators, unless none of the parties has paid an

advance of costs in accordance with Article R64.2 of the Code.

An ad hoc clerk, independent of the parties, may be appointed to assist the Panel.

Her/his fees shall be included in the arbitration costs.

Article R41 applies mutatis mutandis to the appeals arbitration procedure, except that

the President of the Panel is appointed by the President of the Appeals Division.

 

R55 Answer of the Respondent – CAS Jurisdiction

Within twenty days from the receipt of the grounds for the appeal, the Respondent

shall submit to the CAS Court Office an answer containing:

• a statement of defence;

• any defence of lack of jurisdiction;

• any exhibits or specification of other evidence upon which the Respondent

intends to rely;

• the name(s) of any witnesses, including a brief summary of their expected

testimony; the witness statements, if any, shall be filed together with the

answer, unless the President of the Panel decides otherwise;

• the name(s) of any experts it intends to call, stating their area of expertise, and

state any other evidentiary measure which it requests.

If the Respondent fails to submit its answer by the stated time limit, the Panel may

nevertheless proceed with the arbitration and deliver an award.

The Respondent may request that the time limit for the filing of the answer be fixed

after the payment by the Appellant of its share of the advance of costs in accordance

with Article R64.2.

The Panel shall rule on its own jurisdiction. It shall rule on its jurisdiction irrespective

of any legal action already pending before a State court or another arbitral tribunal

relating to the same object between the same parties, unless substantive grounds

require a suspension of the proceedings.

When an objection to CAS jurisdiction is raised, the CAS Court Office or the Panel, if

already constituted, shall invite the parties to file written submissions on the matter of

CAS jurisdiction. The Panel may rule on its jurisdiction either in a preliminary

decision or in an award on the merits.

 

R56 Appeal and answer complete – Conciliation

Unless the parties agree otherwise or the President of the Panel orders otherwise on

the basis of exceptional circumstances, the parties shall not be authorized to

supplement or amend their requests or their argument, to produce new exhibits, or to

specify further evidence on which they intend to rely after the submission of the

appeal brief and of the answer.

The Panel may at any time seek to resolve the dispute by conciliation. Any settlement

may be embodied in an arbitral award rendered by consent of the parties.

 

R57 Scope of Panel’s Review – Hearing

The Panel has full power to review the facts and the law. It may issue a new decision

which replaces the decision challenged or annul the decision and refer the case back to

the previous instance. The President of the Panel may request communication of the

file of the federation, association or sports-related body, whose decision is the subject

of the appeal. Upon transfer of the CAS file to the Panel, the President of the Panel

shall issue directions in connection with the hearing for the examination of the parties,

the witnesses and the experts, as well as for the oral arguments.

After consulting the parties, the Panel may, if it deems itself to be sufficiently well

informed, decide not to hold a hearing. At the hearing, the proceedings take place in

camera, unless the parties agree otherwise. At the request of a physical person who is

party to the proceedings, a public hearing should be held if the matter is of a

disciplinary nature. Such request may however be denied in the interest of morals,

public order, national security, where the interests of minors or the protection of the

private life of the parties so require, where publicity would prejudice the interests of

justice, where the proceedings are exclusively related to questions of law or where a

hearing held in first instance was already public.

The Panel has discretion to exclude evidence presented by the parties if it was

available to them or could reasonably have been discovered by them before the

challenged decision was rendered. Articles R44.2 and R44.3 shall also apply.

If any of the parties, or any of its witnesses, having been duly summoned, fails to

appear, the Panel may nevertheless proceed with the hearing and render an award.

 

R58 Law Applicable to the merits

The Panel shall decide the dispute according to the applicable regulations and,

subsidiarily, to the rules of law chosen by the parties or, in the absence of such a

choice, according to the law of the country in which the federation, association or

sports-related body which has issued the challenged decision is domiciled or

according to the rules of law that the Panel deems appropriate. In the latter case, the

Panel shall give reasons for its decision.

 

R59 Award

The award shall be rendered by a majority decision, or in the absence of a majority, by

the President alone. It shall be written, dated and signed. The award shall state brief

reasons. The sole signature of the President of the Panel or the signatures of the two

co-arbitrators, if the President does not sign, shall suffice.

Before the award is signed, it shall be transmitted to the CAS Secretary General who

may make rectifications of pure form and may also draw the attention of the Panel to

fundamental issues of principle. Dissenting opinions are not recognized by CAS and

are not notified.

The Panel may decide to communicate the operative part of the award to the parties,

prior to the reasons. The award shall be enforceable from such notification of the

operative part by courier, facsimile and/or electronic mail.

The award, notified by the CAS Court Office, shall be final and binding upon the

parties subject to recourse available in certain circumstances pursuant to Swiss Law

within 30 days from the notification of the award by mail or courier. It may not be

challenged by way of an action for setting aside to the extent that the parties have no

domicile, habitual residence, or business establishment in Switzerland and that they

have expressly excluded all setting aside proceedings in the arbitration agreement or in

an agreement entered into subsequently, in particular at the outset of the arbitration.

The operative part of the award shall be communicated to the parties within three

months after the transfer of the file to the Panel. Such time limit may be extended by

the President of the Appeals Arbitration Division upon a reasoned request from the

President of the Panel.

A copy of the operative part of the award, if any, and of the full award shall be

communicated to the authority or sports body which has rendered the challenged

decision, if that body is not a party to the proceedings.

The award, a summary and/or a press release setting forth the results of the

proceedings shall be made public by CAS, unless both parties agree that they should

remain confidential. In any event, the other elements of the case record shall remain

confidential.

 

D Special Provisions Applicable to the Consultation Proceedings

 

R60 [abrogated]

 

R61 [abrogated]

 

R62 [abrogated]

 

E Interpretation

 

R63 A party may, not later than 45 days following the notification of the award, apply to

CAS for the interpretation of an award issued in an ordinary or appeals arbitration, if

the operative part of the award is unclear, incomplete, ambiguous, if its components

are self-contradictory or contrary to the reasons, or if the award contains clerical

mistakes or mathematical miscalculations.

When an application for interpretation is filed, the President of the relevant Division

shall review whether there are grounds for interpretation. If so, she/he shall submit the

request for interpretation to the Panel which rendered the award. Any Panel members

who are unable to act at such time shall be replaced in accordance with Article R36.

The Panel shall rule on the request within one month following the submission of the

request for interpretation to the Panel.

 

F Costs of the Arbitration Proceedings

 

R64 General

R64.1 Upon filing of the request/statement of appeal, the Claimant/Appellant shall pay a

non-refundable Court Office fee of Swiss francs 1,000.—, without which the CAS

shall not proceed. The Panel shall take such fee into account when assessing the final

amount of costs.

If an arbitration procedure is terminated before a Panel has been constituted, the

Division President shall rule on costs in the termination order. She/he may only order

the payment of legal costs upon request of a party and after all parties have been given

the opportunity to file written submissions on costs.

R64.2 Upon formation of the Panel, the CAS Court Office shall fix, subject to later changes,

the amount, the method and the time limits for the payment of the advance of costs.

The filing of a counterclaim or a new claim may result in the calculation of additional

advances.

To determine the amount to be paid in advance, the CAS Court Office shall fix an

estimate of the costs of arbitration, which shall be borne by the parties in accordance

with Article R64.4. The advance shall be paid in equal shares by the

Claimant(s)/Appellant(s) and the Respondent(s). If a party fails to pay its share,

another may substitute for it; in case of non-payment of the entire advance of costs

within the time limit fixed by the CAS, the request/appeal shall be deemed withdrawn

and the CAS shall terminate the arbitration; this provision applies mutatis mutandis to

any counterclaim.

R64.3 Each party shall pay for the costs of its own witnesses, experts and interpreters.

If the Panel appoints an expert or an interpreter, or orders the examination of a

witness, it shall issue directions with respect to an advance of costs, if appropriate.

R64.4 At the end of the proceedings, the CAS Court Office shall determine the final amount

of the cost of arbitration, which shall include:

- the CAS Court Office fee,

- the administrative costs of the CAS calculated in accordance with the CAS scale,

- the costs and fees of the arbitrators,

- the fees of the ad hoc clerk, if any, calculated in accordance with the CAS fee

scale,

- a contribution towards the expenses of the CAS, and

- the costs of witnesses, experts and interpreters.

The final account of the arbitration costs may either be included in the award or

communicated separately to the parties. The advance of costs already paid by the

parties are not reimbursed by the CAS with the exception of the portion which exceeds

the total amount of the arbitration costs.

R64.5 In the arbitral award, the Panel shall determine which party shall bear the arbitration costs or in which proportion the parties shall share them. As a general rule and without any specific request from the parties, the Panel has discretion to grant the prevailing party a contribution towards its legal fees and other expenses incurred in connection with the proceedings and, in particular, the costs of witnesses and interpreters. When granting such contribution, the Panel shall take into account the complexity and outcome of the proceedings, as well as the conduct and the financial resources of the parties.

 

R65 Appeals against decisions issued by international federations in disciplinary matters

R65.1 This Article R65 applies to appeals against decisions which are exclusively of a

disciplinary nature and which are rendered by an international federation or sportsbody.

It is not applicable to appeals against decisions related to sanctions imposed as a

consequence of a dispute of an economic nature. In case of objection by any party

concerning the application of Article R64 instead of R65, the CAS Court Office may

request that the arbitration costs be paid in advance pursuant to Article R64.2 pending

a decision by the Panel on the issue.

R65.2 Subject to Articles R65.2, para. 2 and R65.4, the proceedings shall be free. The fees

and costs of the arbitrators, calculated in accordance with the CAS fee scale, together

with the costs of CAS are borne by CAS.

Upon submission of the statement of appeal, the Appellant shall pay a non-refundable

Court Office fee of Swiss francs 1,000.— without which CAS shall not proceed and

the appeal shall be deemed withdrawn.

If an arbitration procedure is terminated before a Panel has been constituted, the

Division President shall rule on costs in the termination order. She/he may only order

the payment of legal costs upon request of a party and after all parties have been given

the opportunity to file written submissions on costs.

R65.3 Each party shall pay for the costs of its own witnesses, experts and interpreters. In the arbitral award and without any specific request from the parties, the Panel has

discretion to grant the prevailing party a contribution towards its legal fees and other

expenses incurred in connection with the proceedings and, in particular, the costs of

witnesses and interpreters. When granting such contribution, the Panel shall take into

account the complexity and the outcome of the proceedings, as well as the conduct

and financial resources of the parties.

R65.4 If the circumstances so warrant, including whether the federation which has rendered the challenged decision is not a signatory to the Agreement constituting ICAS, the President of the Appeals Arbitration Division may apply Article R64 to an appeals

arbitration, either ex officio or upon request of the President of the Panel.

 

R66 Consultation Proceedings

[abrogated]

 

G Miscellaneous Provisions

 

R67 These Rules are applicable to all procedures initiated by the CAS as from 1 January

2019. The procedures which are pending on 1 January 2019 remain subject to the

Rules in force before 1 January 2019, unless both parties request the application of

these Rules.

 

R68 CAS arbitrators, CAS mediators, ICAS and its members, CAS and its employees are

not liable to any person for any act or omission in connection with any CAS

proceeding.

 

R69 The French text and the English text are authentic. In the event of any discrepancy, the

French text shall prevail.

 

R70 The Procedural Rules may be amended pursuant to Article S8.

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