A NECESSARY SUPPORT FOR ATHLETES before international sports bodies AND federations
The Court of Arbitration for Sport (TAS-CAS), the FIFA Dispute Resolution Chamber (DRC), the FIFA Player Status or Discipline Committee, the FIBA Appeal Chamber and other International Federations, the Court of Justice of the European Union (CJEU), the Council of Europe, are jurisdictions and international sporting bodies before which the Cabinet BERTRAND regularly represents and defends its clients athletes, players, coaches and clubs, professional or amateur, in the context of international sports litigation.
CAS: Court of Arbitration for Sport in Lausanne (Switzerland)
The CAS, what is it?
The CAS was created in 1984 and has nearly 300 arbitrators chosen for their specific knowledge of arbitration and sports law. They come from more than 80 different countries.
About 300 procedures are recorded by the CAS each year.
What is the mission of SAD?
He pronounces arbitral awards which have the same enforceability as judgments of ordinary courts.
What is the field of competence of the CAS?
Any natural or legal person with civil capacity can apply to the CAS (athletes, clubs, sports federations, organizers of sports events, sponsors, etc.).
For a dispute to be submitted to arbitration, the parties must have agreed in writing. This clause must be inserted in a contract or in the regulations of a sports organization.
The parties may agree in advance to submit a possible future dispute to arbitration, but they may also agree to resort to the CAS after the dispute has arisen.
The TAS can intervene in two hypotheses
FIFA sports committees
The FIFA Dispute Resolution Chamber
The procedure is free. Disputes falling within its jurisdiction are those of an international nature between clubs and players as well as those relating to training compensation and the solidarity mechanism between clubs.
The Players' Status Committee of FIFA
The Players' Status Committee is empowered to settle any dispute of an international dimension between a club or an association and a coach relating to work, unless an independent arbitral tribunal guaranteeing a fair procedure exists at national level.
The Basketball Arbitral Tribunal (BAT)
The place of arbitration shall be Geneva (Switzerland).
The arbitration shall be governed by Chapter 12 of the Federal Law on Private International Law, regardless of the domicile of the parties concerned. The language of the arbitration will be English. The referee must rule ex aequo et bono."
(BAT Arbitration Rules, article 0.3)
The European Union
The Court of Justice of the European Union
- Either the question is asked by the European Commission itself;
- Either a Preliminary Question is asked by a French court, as in the Bernard case recently.