
handle: 11104/0310789
This article evaluates Court of arbitration for sport (CAS) in the light of the most important recent changes, which aim to improve functioning of this tribunal and fulfill its ambition to become modern judicial branch of sport. The article is focusing on the conditions of forced arbitration at CAS in comparison with competition law and if CAS is independent arbitration tribunal. The issue is that CAS is still under governance by International Council of Arbitration for Sport (ICAS), controlled by sports associations in monopoly position. The same topic emerges in relation to European Convention of human rights in connection with Claudia Pechstein saga. Newly established first-instance Antidoping division of CAS is also presented in the article. After that follows evaluation of alternatives for resolving cases according to ex aequo at bono. CAS is now evidently at a crossroad, and the question is, which way it is going to be directed. CAS is simply different than regular commercial arbitration. The conclusion of the article offers some alternatives how to improve CAS. Functioning of CAS deserves more attention not only by sports community but also by States because powers of CAS overlap private sector into public sphere.
competition law, Swiss Federal Tribunal, Bundesgerichtshof Germany, ex aequo at bono, doping, Court of Arbitration for sport (CAS), sport, arbitration, European court of human rights
competition law, Swiss Federal Tribunal, Bundesgerichtshof Germany, ex aequo at bono, doping, Court of Arbitration for sport (CAS), sport, arbitration, European court of human rights
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