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INTERNATIONAL SPORTS' DISPUTES RESOLUTION

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Antoine Goslin

on 6 February 2018

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Transcript of INTERNATIONAL SPORTS' DISPUTES RESOLUTION

RESOLUTION OF INTERNATIONAL SPORT'S DISPUTES
INTRODUCTION
THE MISSIONS
How are the arbitrators chosen ?
the arbitration is a panel of three arbitrators.

-each party chooses one arbitrator from the CAS list,

- the two arbitrators chooses the arbitror who will be the president of the panel.

- For the appeals procedure, each party chooses an arbitrator, and the president of the panel is selected by the President of the Appeals Arbitration Division.
CJEU
- the question is asked by the European Commission itself

- Preliminary Question is asked by a French court, as in the Bernard Laporte case lately.
Sport is universal. Athletes practices their activities abroad. Internationals events are more and more present every year in any sport .
The Court of Arbitration for Sport
What is it ?
Who can refer a case to the CAS ?
They comes from more than 80 different countries. Approximately 300 procedures are registered by the CAS each years
-the procedure goes 6 to 8 months
and 3 months for the appeals
The CAS is created non-permanent courts. For the Olympic Games, the Commonwealth Games, the Football and Rugby World Cup, the Euro Football
The CAS head office is in Lausanne, Switzerland.

Two decentralized offices are also available to the parties: one in Sydney (Australia), the other in New York (United States)
- All international disputes with a direct or indirect

- Any natural or legal person with the civil capacity can seize the CAS (athletes, clubs, sports federations, organizers of sports events, sponsors, ...).

- For a dispute go to arbitration, the parties must have agreed in writing. This clause must be inserted into a contract or the regulations of a sports organization.
- to resolve international legal disputes of sport

- It pronounces arbitral awards that have the same force as the judgments of ordinary courts.

- The CAS also provides advisory opinions on legal issues related to sport

- Mediation..........................................
The mediation
- The party addresses a request in writing to the CAS Court Office.

- a mediator is chosen by the parties from among the list of CAS mediators
- In the absence of agreement, by the CAS President after consultation with the partis.

- he will propose solutions. The mediator not impose a solution .
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