The Court Of Arbitration For Sport And Its Jurisprudence

This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umeå University in Sweden.

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.

An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.

On 5 and 6 September 2014, the 5th edition of the Sports Law Conference organized every two years by the Swiss Bar association and the Court of Arbitration for Sport took place in Lausanne. This book contains the contributions made by well-known speakers at the Conference, which, as already its title reveals, was focused on current challenges of sports-related litigation. For instance, presentations were made regarding the first experiences with the 2015 World Anti-Doping Code. Also, a vast amount of case law was reviewed, including the jurisprudence of the Swiss Tribunal Federal concerning sports arbitral awards, CAS cases in football and in "non-football"matters. Finally, issues relating to the enforcement of a CAS award and matters that every practitioner acting before CAS should know were part of the programme and are included in this publication.

Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport. There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, with a judge/referee who has the power to adjudicate and to issue punishments/penalties. Divided into two parts, this volume presents an exploration of central philosophical issues arising from the intersections of law and sport and makes reference to current events and controversies. Experts from across the globe discuss a range of issues such as sports as legal systems, the game as a social contract, the role of the referee, including VAR, rule breaking, equality in women’s sport, justice on the sports field and in the court room, and issues surrounding the application of law to sports. The book will be a valuable resource to Undergraduates, Postgraduates and for those working in the areas of legal philosophy, sports law, and philosophy of sport.

This book presents an interdisciplinary approach to examining gender-related sports dispute resolution by the Court of Arbitration. Identifying complexities around gender, gender binaries, and the ways in which intersecting identities complicate resolutions, the author demonstrate how athletes' rights are threatened by a forced arbitration process.

The important theme “What is Sports Law?” was the topic of the international Conference on “The Concept of Lex Sportiva Revisited”, which took place in Jakarta in late 2010. Academics and practitioners are still in debate to agree on this concept as is evident in this book. This book not only contains the worked out contributions of this Conference, but also other related chapters on the subject. It produces a reassessment of the content of Sports Law and its terminology keeping a close eye on the current literature. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

This book addresses the most important judicial aspects in relation to the FIFA Dispute Resolution Chamber (DRC), as well as the different categories of disputes, inter alia, the termination of player contracts, the amount of compensation, sporting sanctions, training compensation and the solidarity mechanism. The DRC was established in 2001 by FIFA for the purpose of resolving disputes regarding the international status and transfer of players. Since then the DRC has developed into a major and influential alternative resolution body, with an impressive and everincreasing caseload. In this updated and revised Second Edition the most important decisions of the DRC as of the date of its establishment in 2001 until 2016 are analysed. It is a reference work for those with a legal and financial interest in professional football, such as lawyers, agents, managers and administrators, but is also aimed at researchers and academics. Michele Bernasconi, Attorney-at-law in Zurich, Switzerland, Arbitrator at CAS and President of the Swiss Sports Law Association provided a foreword for the book. Frans M. de Weger is senior legal counsel working for the Dutch Federation of Professional Football Clubs (FBO). In 2015 he was, at the proposal of the European Club Association (ECA), appointed as an arbitrator for the Court of Arbitration for Sport (CAS). As a legal counsel and a CAS arbitrator he is involved in several national and international football-related legal disputes. This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval. “Frans de Weger’s work on the jurisprudence of the DRC is a “must-have” for anybody dealing with sports law and, in particular, dealing with football issues under the FIFA Regulations on the Status and Transfer of Players.” Massimo Coccia Professor of International Law and Attorney-at-Law in Rome and CAS Arbitrator “Where to go when trying to understand the FIFA Regulations on the Status and Transfer of Players? Now Frans de Weger has the answer with his new version of the much-awaited and needed Jurisprudence of the FIFA Dispute Resolution Chamber.” Juan de Dios Crespo Pérez Sports Lawyer “The second edition of this book, which is systematic and practical at the same time, will surely be of great interest to both specialists active in the world of “football law” and aspiring individuals.” Wouter Lambrecht Attorney-at-law, Head of Legal at the European Club Association, FIFA Dispute Resolution Chamber Member and Mediator at the CAS