Court of Arbitration for sports: Court of Arbitration for sports is an institution established to resolve disputes arising in sports. Resolves legal disputes in sports. Established in 1984, the Court of Arbitration for Sport (CAS) is an international body established to settle disputes through arbitration. Not a court in the traditional sense, meaning the parties do not go to trial. For a dispute to be heard by CAS, it must be a sports dispute. Both parties must agree in writing to submit the case to the court. CAS has its own rules and procedures (procedural rules) for its smooth functioning, to avoid any ambiguities in decision making. CAS has approximately 300 arbitrators from 87 different countries who collectively resolve approximately 300 cases annually.
Organizational structure
For the resolution of legal disputes related to sports, two bodies have been established, the first is CAS and the second is International Council of Arbitration for sports or (ICA) which actively provides dispute resolution service while CAS is administered by ICA. CAS is further divided into two units, the Ordinary Arbitration Division which is the Court of First Instance (where proceedings are initiated), and the Appeals Arbitration Division which deals with decisions of federations, associations, or any other sports body on appeal. In addition, as per Rule 61 of the Olympic Charter, any dispute relating to the Olympic Games shall be submitted directly to the CASMS. As mentioned earlier, any dispute related to sports can be referred to CAS. However these disputes may vary depending on their specific nature.
Some of the disputes that appear before the CAS are:
Trade disputes
Disputes related to player transfers, media rights, TV rights and sponsorship rights are some of the many types of commercial disputes that come before the CAS. Disputes of this nature usually fall under the jurisdiction of the Ordinary Arbitration Division.
Controversies related to sports organization
Usually the cases that fall under this group are related to cases announced by various sports organizations. Cases on racism, in-game violence, abuse of officials, doping and ethical issues fall into this bracket.
Selection process of arbitrators
In general matters, the case in question is presented before a panel of three arbitrators. Under the usual procedure, each party selects an arbitrator from the CAS list, and then the two appointed arbitrators agree on who should chair the panel. In the event of failure to reach an agreement, the chairperson of the General Arbitration Division will make this choice instead of the two arbitrators.
Major cases/disputes
Caster Semenya Hyperandrogenism Ruling
Caster Semanya is a 28-year-old Olympic athlete who specializes in 800m races. She won her first World Championship in 2009 and won two more titles in 2012 and 2017. Also in 2016, she won gold at the Rio Olympics. Her incredible success and overwhelming dominance raised doubt and suspicion among many. She was later found to have a hormone disorder that caused her to have high levels of testosterone, which is commonly classified as a difference in sexual development. In fact, before being able to compete in 2009, she underwent a gender confirmation test to confirm her eligibility as a woman. She was also put on medication to lower her testosterone levels and spent six months on the sidelines as prescribed by the International Association for Athletics Federations. Athletes like Semenya have to follow if they want to compete in races. Semanya refused to agree to this bit of law and the matter was taken to the CAS in Lausanne, Switzerland. Currently, CAS's role in the world of sports continues to expand and grow, with many high-profile cases entrusted to their hands over the past decade. The success of CAS is largely due to its transparent process and efficient management structure. CAS also respects the wishes of all parties in the selection of arbitrators. Most operate in an unbiased manner.
