Despina Mavromati and Matthieu Reeb: The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials
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BOOK REVIEW
Despina Mavromati and Matthieu Reeb: The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials Kluwer Law International, 2015, hardback, ISBN 978-90-411-3873-6, 760 p., €175 Marco van der Harst1
T.M.C. Asser Instituut 2016
With this book, Ms. Despina Mavromati (CAS’ Head of Research and Mediation) and Mr. Matthieu Reeb (CAS’ Secretary General) publish a comprehensive introduction to the Court of Arbitration for Sport (CAS), which is established in Switzerland, and a thorough commentary of its procedures (CAS Code) and its decisions (CAS arbitral awards). Accordingly, the book contains an in-depth ruleby-rule commentary of the CAS Code, including doctrinal interpretation and applicable jurisprudence, i.e. CAS arbitral awards and Swiss Federal Supreme Court decisions. The main purpose of the CAS system is to set up a dispute resolution mechanism dealt by legal experts (mostly specialised in the field of private international law, arbitration, and/or international sports law) who are familiar with the specifics of the organised sporting world. Another duty of the CAS system is to effectively guarantee that the CAS arbitral tribunal fulfils the essential requirements of independence and impartiality (p. XVIII). The main sport disputes resolved by CAS concern contractual issues, eligibility and disciplinary matters, antidoping sanctions, and governance issues in the sporting world. Unfortunately, CAS’s legal functioning often lacks transparency and its intricacies might be difficult to master. Many practitioners and academics are not specialised in Swiss law and do not master the subtleties of Swiss civil law, in particular Chapter 12 of the Private International Law Act (PILA), as interpreted by the Swiss Federal Supreme Court. This book is therefore a welcome, useful and necessary addition to provide some much-needed legal input to those involved in CAS proceedings. & Marco van der Harst [email protected]
The book starts with a brief description of the CAS’s institutional history, followed by the CAS Code’s regulatory history. The commentary as such follows the structure of the CAS Code, i.e. CAS’s general structure, CAS ordinary arbitration procedure and CAS appeal arbitration procedure, as well as some isolated issues such as the costs of CAS arbitration. Key topics covered by the book include: • •
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Establishing CAS jurisdiction via arbitration clauses in contracts such as membership contracts or licences. Requesting CAS ordinary arbitration resolving disputes between SGB members and third-parties or CAS appeal arbitration regarding SGB decisions. Choosing the ‘rules of the law’ applicable to the merits meaning non-state rules such as regulations issued by sports governing bodies. Ordering provisional measures by CAS. Requesting practical matters and cost-related issues such as recourse to legal aid.
The Swiss Federal Supreme Court is the sole competent court to deal with challenges against CAS arbitral awards as provided under Chapter 12 PILA. Apart from a few
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