Procedural Fairness in Sports Arbitration

Introduction

Arbitration in sport has grown to become a separate, distinct legal discipline, often referred to as Lex Sportiva. At the heart of this discipline lies the Court of Arbitration for Sport, headquartered in Lausanne. While arbitration offers speed and expertise, it must never sacrifice procedural fairness.

The CAS Code and the Right to be Heard

Procedural fairness is heavily codified under the CAS Code. Key among these rights is the "Right to be Heard". Athletes must be given adequate time to prepare their defense, present expert witnesses, and cross-examine opposing evidence. The independence of the arbitrators selected to hear the dispute is crucial to maintaining the legitimacy of the entire system.

Review by the Swiss Federal Tribunal

Because the CAS is legally situated in Switzerland, its awards are subject to limited review by the Swiss Federal Tribunal (SFT). The SFT will only overturn an award on narrow public policy grounds or severe procedural violations, reinforcing the immense finality and authority of CAS decisions.