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El derecho aplicable en procedimientos ante el TAS

Authors: Coccia, Massimo;

El derecho aplicable en procedimientos ante el TAS

Abstract

This essay on applicable law in CAS arbitration proceedings, written in Spanish, deals with the private international law issues related to the choice and conflict of laws in arbitration proceedings before the international Court of Arbitration for Sport. First of all, the article examines the issues related to the "lex arbitri", i.e. the law applicable to the procedural aspects of CAS arbitration proceedings, underlining the relevance of Swiss law due to the fact that all CAS proceedings have their legal seat in Switzerland. Then, the issues related to the "lex causae", i.e. the rules of law applicable to substantive matters, are analysed in depth. The "iura novit curia" principle and the various choice-of-law criteria listed by the CAS Code in reference to the four types of CAS arbitration proceedings (ordinary, appellate, Olympic and anti-doping) are thoroughly analysed, underlining the great relevance that private rules of law, not pertaining to any State legislation, have in the sports sector. In this context, the article also carefully examines the etymology, definition and concrete meaning of the controversial "lex sportiva" notion. Finally, the article deals with the limits to the application of the pertinent rules of law deriving from State mandatory norms and public policy principles.

Country
Italy
Related Organizations
Keywords

arbitrato internazionale; international arbitration; diritto applicabile; applicable law; diritto internazionale privato; conflict of laws; diritto sportivo; sports law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green