Scherini Lawyers
Court of Arbitration for Sport (CAS) Lawyers Melbourne
The Court of Arbitration for Sport (CAS): Representation in Melbourne
The Court of Arbitration for Sport (CAS) is an international tribunal dedicated to resolving sports-related disputes through arbitration. Based in Lausanne, Switzerland, CAS plays a crucial role in ensuring consistent and final resolutions of disputes, particularly in international and Olympic sports.
At Scherini Lawyers in Melbourne, we provide expert legal advice and representation to athletes, clubs, and sporting organisations involved in CAS proceedings.
(More information: Official CAS Website)
Types of Disputes Heard by CAS
- Appeals against decisions of international federations (e.g., FIFA, World Athletics).
- Challenges to rulings by national anti-doping organisations (e.g., Sport Integrity Australia).
- Disputes related to sports sponsorship agreements, broadcasting rights, and athlete contracts.
- (See also: Contracts and Contract Disputes)
Cases involving doping violations, disciplinary sanctions, and breaches of sporting regulations.
(See also: Disciplinary Tribunals, Doping or Drugs in Sports)
What is the Court of Arbitration for Sport (CAS)?
The CAS was established in 1984 as a specialised forum for resolving sports disputes outside of national court systems. It is independent of any sporting organisation and provides a neutral, efficient, and binding arbitration process.
Key Features of CAS:
- International Jurisdiction: CAS hears disputes involving athletes, clubs, or federations from different countries
- Final and Binding Decisions: CAS rulings are generally final, with limited grounds for appeal
- Specialised Arbitrators: CAS panels consist of experts in sports law, drawn from a global list of arbitrators
- Confidential Proceedings: CAS proceedings are generally private, unless the parties agree otherwise
- Different Procedures: CAS offers ordinary arbitration, appeals arbitration, and mediation for resolving disputes
The CAS Arbitration Process
Request for Arbitration
The party initiating arbitration (the appellant or claimant) files a formal request with CAS.
Statement of Appeal (for appeals)
For appeals, a detailed statement outlining the grounds for appeal is submitted.
Appointment of Arbitrators
The parties either agree on a sole arbitrator, or each party appoints one arbitrator, with the two arbitrators selecting a president.
Exchange of Written Submissions
Both parties submit written arguments and supporting evidence.
Hearing
A formal hearing is conducted, where both parties present their case and witnesses may be examined.
Award (Final Decision)
The CAS panel issues a written ruling, which is final and binding on the parties.
Limited Appeal Rights
CAS decisions can only be appealed to the Swiss Federal Tribunal on very limited legal grounds (e.g., violation of procedural fairness).
How Scherini Lawyers Can Help with CAS Cases
- Legal Advice: Detailed guidance on your rights, obligations, and strategic options under CAS rules
- Representation: Full legal representation from the initial request for arbitration through to final hearings
- Case Strategy Development: A comprehensive legal approach tailored to your specific dispute
- Evidence Gathering & Submission: Assistance with witness statements, expert reports, and supporting documentation
- Drafting Legal Submissions: Preparation of clear, persuasive, and legally sound written arguments
- Appeals Guidance: Advice on whether an appeal to the Swiss Federal Tribunal is viable
Contact Our Melbourne Racing Appeals Lawyers
If you have been aggrieved by a stewards’ decision or a ruling from a racing body in Victoria, it is crucial to seek legal advice promptly.
Important: Strict time limits apply to racing appeals. Contact us as soon as possible to discuss your options.
