Fundamentals of International Sports Arbitration

Abstract

This article analyzes the Court of Arbitration for Sport (CAS), headquartered in Lausanne, Switzerland, as a key institution in contemporary sport. Its primary function is to resolve disputes related to the sporting sphere and the legal relationships arising therefrom through an agile, impartial, and specialized arbitral procedure. The massification and professionalization of sport have led to an increase in disputes which, prior to the existence of the CAS, were submitted to the ordinary judicial systems of each country, which did not always provide solutions consistent with the specialized nature of sports law. In light of this limitation, the need emerged for a specialized mechanism capable of settling controversies arising both from sporting competitions and from the legal relationships inherent to this activity. In this context, the CAS was created and, following its institutional development, has become the highest authority in sports justice worldwide, within a setting where the economic, political, and social interests of sport are increasingly significant. Its international character makes it an accessible forum for athletes, federations, clubs, and other stakeholders, regardless of their geographic location. Furthermore, its awards are binding, and it has contributed to the development of principles of sports law, exercising jurisdiction both as a first instance body and as an appellate body, thereby reinforcing its decision-making authority.