The court of arbitration for sport : investigating the importance of having a supreme judicial body for sporting disputes

Abstract

This dissertation’s main aim is to analyse the Court of Arbitration for Sport (CAS) and the importance of having a supreme judicial body for sporting disputes. The dissertation begins by analysing the functions of CAS as well as its structure of this arbitration tribunal. Because of the international nature of this Tribunal, the jurisdictional powers of the Tribunal and the enforceability of its awards in foreign jurisdictions is also discussed, along with the benefits of having an independent tribunal to resolve disputes between athletes or clubs and international federations or sport governing bodies. The Tribunal was subject to various criticisms, and these critics lead to reforms to the Court of Arbitration for Sport’s structure and procedures. Following the analysis of the Court of Arbitration for Sport, the discussion will move towards the Lex Sportiva. The existence of the Lex Sportiva is discussed, making reference to the different theories on the subject. This then leads to a discussion on the need for a Grand Chamber of the Court of Arbitration for Sport. Finally, the disseratation also explores the Maltese position on solving sporting disputes, looking at the way sporting disputes are solved at a national level, and what can be learnt from the international model to improve the resolution and efficiency of these disputes in the future.