Court of Arbitration for Sport (CAS), procedural justice, and athletes’ appeals in developing countries

Abstract

The kinetic energy that goes into sports competition is healthy and dynamic and should promote goodwill between nations. There is a presumption that sports politics impinges on the judgments of the sports adjudicating body, the Court of Arbitration for Sport (CAS), in determining appeals in their rulings on the validity of results in international sports competitions. The CAS system for arbitration has rules that follow the lex loci arbitri and its procedures conform to the Swiss Private International law in appeals to the Swiss Federal Tribunal for athletes. The jurisdiction of CAS has to conform to the principles of natural justice when appeals from athletes who have disputes with international sports federations are brought to its attention. This is of particular concern when the national federations of developing countries are involved in sanctioning or supporting athletes who have encountered discrimination. The research question in this paper is whether the CAS exercised procedural justice when the adjudication process involved athletes who had been banned from competition and if the rulings were in accordance with fairness and impartiality. The recourse to the European Court of Human Rights, Article 6.1, has been in sharp focus and the judgments of the court on public hearings and the role of quasi-tribunals need to be structured in accordance with natural justice. This paper argues that the CAS process should increase the scope of procedural justice by granting a fair hearing and by being seen as bias free.