Appeals Process Research Articles

Implementing a letter template to expedite specialty medication appeal letter submission

BackgroundPrior authorizations (PAs) for biologic medications, used to treat inflammatory bowel disease (IBD), are often denied by pharmacy benefits managers and can require a complex appeal process for patients to gain access to medication. ObjectiveThis quality improvement project evaluated the impact of implementing a standardized appeal letter template and customizable clinical rationale letter content on specialty pharmacist workflow and workload in an integrated hospital health system specialty pharmacy (HSSP) IBD clinic. Practice descriptionThis initiative was conducted in an IBD outpatient clinic at a tertiary academic medical center with an integrated HSSP whose specialty pharmacists work collaboratively with providers to manage specialty medications. Practice innovationA letter template was created in the electronic health record (EHR) for pharmacists to use when submitting appeal letters. The template automatically populates patient results from recent labs, imaging, and clinic visit notes as part of the appeal documentation. Clinical rationale letter content was developed for the most common appeal reasons using EHR functionality that allows the creation of standardized notes that can be shared among team members and customized at time of use. Evaluation methodAn analysis of 2 months of data preimplementation/postimplementation was conducted using descriptive statistics to report the number of appeals submitted, time from PA denial to appeal submission, and appeal approval rate. A pharmacist postimplementation satisfaction score was also collected. ResultsThe number of appeals submitted preimplementation (n = 73) and postimplementation (n = 73) was the same. Postimplementation, 89% of appeals were submitted within 3 days of PA denial compared to 29% preimplementation. PA approval rate was high (93%) preimplementation and postimplementation. Overall pharmacist satisfaction was 9.7 out of 10. ConclusionImplementation of an appeal letter template and standardized clinical rationale letter content in the EHR led to decreased time to appeal submission and high specialty pharmacist satisfaction.

Peran Panel dan Appellate Body dalam Penyelesaian Sengketa di WTO

The aim of the research is to determine the role of panels and the Appellate Body in resolving disputes at the WTO. The research method used in this paper is a research method with a normative juridical approach with descriptive-analytical research specifications. The dispute resolution mechanism in the WTO involves five main stages. The first stage is consultation, where the disputing countries try to resolve the problem directly. The second stage includes settlement efforts through good services, conciliation and mediation. The third stage is the establishment of a panel, where independent experts examine the dispute and prepare a report. The fourth stage is the appeals process, where the appeals body reviews the panel's decision if there is an appeal. The final stage is the implementation of the decisions and recommendations issued. The panel is formed within approximately 90 days of the application, consisting of independent experts selected by the DSB. The panel works based on the Terms of Reference (ToR) which regulate the procedures for resolving disputes and is tasked with carrying out an objective assessment of the problems faced, assisting the DSB in making recommendations. If consultations fail, the aggrieved country can request the formation of a panel from the Dispute Settlement Body (DSB). If the panel fails to reach a solution, they must submit a written report to the DSB. This process ensures dispute resolution within a certain time period to ensure legal certainty. In addition, there is an appeal mechanism through the Appellate Body which consists of seven international trade law experts. The appeal process must be completed within 90 days, and the Appellate Body report is final and must be adopted by the DSB.

Large Language Models to Help Appeal Denied Radiotherapy Services

PURPOSE Large language model (LLM) artificial intelligences may help physicians appeal insurer denials of prescribed medical services, a task that delays patient care and contributes to burnout. We evaluated LLM performance at this task for denials of radiotherapy services. METHODS We evaluated generative pretrained transformer 3.5 (GPT-3.5; OpenAI, San Francisco, CA), GPT-4, GPT-4 with internet search functionality (GPT-4web), and GPT-3.5ft. The latter was developed by fine-tuning GPT-3.5 via an OpenAI application programming interface with 53 examples of appeal letters written by radiation oncologists. Twenty test prompts with simulated patient histories were programmatically presented to the LLMs, and output appeal letters were scored by three blinded radiation oncologists for language representation, clinical detail inclusion, clinical reasoning validity, literature citations, and overall readiness for insurer submission. RESULTS Interobserver agreement between radiation oncologists' scores was moderate or better for all domains (Cohen's kappa coefficients: 0.41-0.91). GPT-3.5, GPT-4, and GPT-4web wrote letters that were on average linguistically clear, summarized provided clinical histories without confabulation, reasoned appropriately, and were scored useful to expedite the insurance appeal process. GPT-4 and GPT-4web letters demonstrated superior clinical reasoning and were readier for submission than GPT-3.5 letters ( P < .001). Fine-tuning increased GPT-3.5ft confabulation and compromised performance compared with other LLMs across all domains ( P < .001). All LLMs, including GPT-4web, were poor at supporting clinical assertions with existing, relevant, and appropriately cited primary literature. CONCLUSION When prompted appropriately, three commercially available LLMs drafted letters that physicians deemed would expedite appealing insurer denials of radiotherapy services. LLMs may decrease this task's clerical workload on providers. However, LLM performance worsened when fine-tuned with a task-specific, small training data set.

Enforcement of the Code of Ethics for 2024 Election Organizers in Indonesia: A Substantive Justice Perspective

This study employs a normative legal research approach focusing on conceptual and legislative analysis. Its aim is to examine the dynamics of the enforcement of the electoral organizers’ code of ethics by the Indonesian Election Supervisory Agency (DKPP) and to formulate a reconstruction of this enforcement aimed at achieving substantive justice. The findings assert that the enforcement dynamics of the electoral organizers’ code of ethics by DKPP inherently pose two main issues. Internally, the enforcement requires oversight and public participation to ensure DKPP’s credibility and integrity in upholding the code of ethics. Externally, issues arise regarding the final and binding nature of DKPP decisions, which have been undermined by Constitutional Court rulings, allowing for their annulment by judicial bodies such as the Administrative Court (PTUN). Reconstruction or reform efforts concerning the enforcement of the electoral code of ethics for electoral administrators, based on substantive justice, necessitate a clear affirmation of the independence of ethical norms, particularly those related to the conduct of electoral administrators. This includes ensuring that the enforcement of these ethical norms is immune from legal norms and external intervention. Additionally, there is a need for a revision of the electoral laws in Indonesia to enhance the appeal process for ethical judgments rendered by the Election Supervisory Board (DKPP), which are final and binding and cannot be overturned by the courts, especially the Administrative Court (PTUN).

Policy Forum: The Registered Charity Appeals Process—More Reasons (and a Few Proposals) for Reform

Policy Forum: The Registered Charity Appeals Process—More Reasons (and a Few Proposals) for Reform

Data-driven decision-making method for determining the handling department for online appeals

PurposeThis study aims to enhance the classification and processing of online appeals by employing a deep-learning-based method. This method is designed to meet the requirements for precise information categorization and decision support across various management departments.Design/methodology/approachThis study leverages the ALBERT–TextCNN algorithm to determine the appropriate department for managing online appeals. ALBERT is selected for its advanced dynamic word representation capabilities, rooted in a multi-layer bidirectional transformer architecture and enriched text vector representation. TextCNN is integrated to facilitate the development of multi-label classification models.FindingsComparative experiments demonstrate the effectiveness of the proposed approach and its significant superiority over traditional classification methods in terms of accuracy.Originality/valueThe original contribution of this study lies in its utilization of the ALBERT–TextCNN algorithm for the classification of online appeals, resulting in a substantial improvement in accuracy. This research offers valuable insights for management departments, enabling enhanced understanding of public appeals and fostering more scientifically grounded and effective decision-making processes.

US State and Territorial Indigenous Consultation Laws: A Potential Strategy to Improve the Social Determinants of Health.

The United Nations (UN) has articulated the right to self-determination as a human right for Indigenous people; however, US states and territories have been slow to operationalize this aspect of the UN Declaration on the Rights of Indigenous Peoples. Indigenous consultation laws require all federal executive agencies to consult with tribal nations before implementing policies that have a "tribal implication," and these form the cornerstone of US efforts to implement the UN Declaration on the Rights of Indigenous Peoples. Despite these federal efforts, less is known about the degree to which state and territorial laws require consultation with Indigenous communities. We reviewed all Indigenous consultation laws identified through a search of 50 US states, the District of Columbia, and 5 territories to provide a holistic picture of how jurisdictions have regulated Indigenous consultation efforts. Of the 56 states, 49 (87.5%) had at least 1 Indigenous consultation law; the remaining 7 jurisdictions had none. States engaged in Indigenous consultation in various ways, generally falling into 1 of 3 categories: (1) centralized consultation facilitated through an agency or department, (2) indirect consultation through a designated commission, and (3) fragmented Indigenous consultation through discrete laws. Important gaps were identified, including the lack of a definition for Indigenous consultation, the absence of an appeal process, and the need to train state officials on existing policies. The results provide a baseline on the degree to which US states and territories consult with Indigenous communities and can be used to identify gaps in US compliance with UN human rights mandates.

Performance of three commercially available large language models and one locally fine-tuned model at preparing formal letters to appeal medical insurance denials of radiotherapy services.

e13630 Background: As many as 60% of prior authorization requests are denied, yet coverage approval occurs for more than 60% of appeals for some therapies. Appeal processes encumber providers and increase burnout, but large language models (LLMs) may aid providers by drafting appeal letters. We evaluated LLM performance at this task for radiotherapy denials. Methods: Three commercially accessible LLMs were evaluated: generative pre-trained transformer 3.5 (GPT3.5), GPT4, and GPT4+web with internet search capacity (OpenAI, Inc., San Francisco, CA). A fourth LLM, GPT3.5-FT, was developed by fine-tuning GPT3.5 in a HIPAA-complaint local environment. The fine-tuning training data comprised 53 insurance denial appeal letters prepared by radiation oncologists and paired prompts describing the clinical history and appeal intent. Training data were enriched in appeal letters for proton radiotherapy, stereotactic body radiotherapy, and image-guided radiotherapy for myriad clinical scenarios. Twenty prompts, each requesting a letter for a simulated patient history, were programmatically presented to the LLMs. Three radiation oncologists, who were blinded to the LLM source, scored letter outputs across four domains: language syntax and semantics, clinical detail inclusion, clinical reasoning validity, and overall readiness for insurer submission. Additionally, one radiation oncologist scored the authenticity and relevance of literature sources cited in output letters, which were requested by several test prompts. Interobserver agreement between radiation oncologist scores was determined by Cohen’s kappa coefficient. Scores were compared between LLMs with non-parametric statistical tests. Results: Agreement between radiation oncologists’ scores was moderate-to-excellent across all domains (median κ = 0.68, minimum κ = 0.41). GPT3.5, GPT4, and GPT4+web drafted letters that, by mode average, were semantically and syntactically clear, included all provided clinical history without confabulation, clinically reasoned with few necessary revisions, and overall were submissible to an insurer with minor revisions. GPT4 and GPT4+web clinically reasoned better than GPT3.5 (p values < 0.001). In contrast, GPT3.5-FT performance was inferior to other LLMs across all domains (p values < 0.001). LLMs were poor at identifying, citing, and summarizing relevant literature unless provided in the prompt. Conclusions: LLMs can draft insurance appeal letters for radiotherapy services that require few revisions yet are poor at referencing relevant literature. Contrary to our hypothesis, fine-tuning with data from our department compromised LLM performance.

An Analysis of the Challenge Facing WTO Panels in the Context of MPIA

Since the Appellate Body came to a complete standstill, the DSB in WTO has been stuck in an intractable situation, where many disputes are still in the appeals process and cannot be appropriately resolved. Whatever the disputing parties chose, the Panels reports could not be adopted by the DSB. As a result, the Appellate Body and the Panel process are facing an unprecedented crisis. As a contingency to preserve the multilateralism of WTO, MPIA was established as an interim replacement by 19 WTO members in 2020. In the context of MPIA, this paper will analyze the necessity of reformation for the dispute settlement system, especially the Panel. Furthermore, this paper will provide workable solutions by examining the ad hoc Panels crisis and shortcomings.

When a Health Insurance Provider says “No”: A Health Insurance Claim Navigation Tool

The purpose of health insurance is to pay for preventative and nonpreventative health care. Unfortunately, claim denials are frequent and most people do not contested these denials. Consumers lack both knowledge and self-efficacy to challenge their health insurance decision. Conflict is stressful can occur when a health insurance claim is denied unexpectedly. Faced with uncertainty of health care cost coverage, consumers are more likely to delay or forgo healthcare and jeopardize their health. To address this challenge, increase awareness of claim appeal processes and to provide consumer guidance, [STATE] Extension developed a Health Insurance Claim Navigation Tool.

Analisis Putusan Banding Pengadilan Pajak Sengketa Nilai Pabean: Studi Kasus di KPU BC Tipe A Tanjung Priok

This study aims to evaluate and mitigate the factors causing the low victory of KPU BC Type A Tanjung Priok in the customs value dispute at the Tax Court. This study is qualitative with triangulation method of content analysis and interview. Data is obtained from the tax court decision on the customs value dispute for the period 2018 to 2020. The study found that factors that cause the low winnings on customs value disputes are the low effectiveness of collecting transaction evidence at the time of objection and the limitations of testing the validity of the evidence submitted by the Appellant during the appeal hearing process. This study provide a practical implication that KPU BC Type A Tanjung Priok can conduct further action to mitigate the loss of the appeal hearing for the customs value dispute by for example optimizing data requests to the applicant during the objection process, coordinating with the Document Examiner Officer (Pejabat Fungsional Pemeriksa Dokumen - PFPD) to improve the objection decision, and evaluating tax court decisions. Keywords: Tax Dispute, Tax Court, Tax Appeal, Customs

AppealMod: Inducing Friction to Reduce Moderator Workload of Handling User Appeals

As content moderation becomes a central aspect of all social media platforms and online communities, interest has grown in how to make moderation decisions contestable. On social media platforms where individual communities moderate their own activities, the responsibility to address user appeals falls on volunteers from within the community. While there is a growing body of work devoted to understanding and supporting the volunteer moderators' workload, little is known about their practice of handling user appeals. Through a collaborative and iterative design process with Reddit moderators, we found that moderators spend considerable effort in investigating user ban appeals and desired to directly engage with users and retain their agency over each decision. To fulfill their needs, we designed and built AppealMod, a system that induces friction in the appeals process by asking users to provide additional information before their appeals are reviewed by human moderators. In addition to giving moderators more information, we expected the friction in the appeal process would lead to a selection effect among users, with many insincere and toxic appeals being abandoned before getting any attention from human moderators. To evaluate our system, we conducted a randomized field experiment in a Reddit community of over 29 million users that lasted for four months. As a result of the selection effect, moderators viewed only 30% of initial appeals and less than 10% of the toxically worded appeals; yet they granted roughly the same number of appeals when compared with the control group. Overall, our system is effective at reducing moderator workload and minimizing their exposure to toxic content while honoring their preference for direct engagement and agency in appeals.

NOTE: The Development of Modern Criminal Justice Processes and Institutions in Ethiopia (1907-1974): An Overview

This note briefly discusses the institutional and process developments in Ethiopia’s modern criminal justice. There is a close relationship between political administration and justice administration considering the issue of judicial independence in a historical context. The year 1907 is taken as a starting point in the development of criminal norms and institutions because the Ministry of Justice was established and Afe Negus Nesibu was appointed Minster of Justice. The institutional and normative developments in this period were merely reactive to problems. Twelve judges were appointed to help the Minster of Justice who was entrusted to see all the cases by himself. Procedural rules were introduced as schedules in order to manage the inflow of cases. The enactment of the 1930 Penal Code helped judges determine sentences rather than sending convicts to the governor for sentencing. Regulation of appeal and preliminary processes such as providing a copy of judgement were introduced. The second phase in Ethiopia’s modern criminal justice system started from 1941 onward because this year is a landmark for the establishment of modern legislation and modern criminal justice institutions. The police were established as an investigation institution that executes orders given by the court. Prison was established signaling imprisonment as a mode of punishment. The prosecution institution was established under the Ministry of Justice. Thereafter, several substantive and procedural rules have been adopted governing the initiation of cases, summons, evidence, judgement and appeal. The last institution established during this period was the judicial organ.

피의자·피고인 신상공개 여부 결정에 대한 불복절차

「Act on special cases concerning the punishment of specific violent crimes」 didn’t have no provision on the appeal procedure against decision on the disclosure of suspects identity. According to precedents, the suspect can file an administrative litigation against an identity disclosure decision. This situation is the same under the 「Act on the disclosure of suspect’s identity concerning specific serious crimes」. However, the 「Act on the disclosure of suspects identity concerning specific serious crimes」 expanded the application scope of the institution of disclosure of suspects identity. Therefore, Appeal procedure against decision on the disclosure of suspects identity can be crucial in future. In this light, this article examines problems of the current appeal procedure against decision on the disclosure of suspects identity and suggests improvement methods after comparative law research.
 Disclosure decision of a public prosecutor or a judicial police officer is an administrative disposition of investigative agency during investigation phase. Therefore, it has rationality that the criminal court has jurisdiction over the appeal against an disclosure decision. Furthermore, in order that an determinate judicial ruling can be made quickly quasi-appeal procedure is appropriate for the appeal process against suspect’s identity disclosure decision.

Suspension of the Main Proceedings and Referral for a Preliminary Rul-ing. Gloss to the Judgment of the CJEU in Case C-176/22, Bk And ZhP, of 17 May 2023

The preliminary reference as an appeal of the Court of Justice of the European Union presents many complexities and complicated interpretations over time, given that we have a national judge in the scene of the appeal process, often creating problems but also solutions for greater effectiveness of the law of the European Union and respect for domestic law. The preliminary ruling aims to resolve disputes between internal jurisdictions and evaluate compatibility with EU law, especially in the national procedural sector. Ensuring a postponement of the EU and, above all, protecting the rights of individuals in a concrete, complete and effective way is still questionable research, not so much on a theoretical level but also on a procedural one.

Desnaturalización del doble conforme y desbordamiento de carga procesal en el Perú a propósito de la Ley N° 31592, ley que modifica la condena del absuelto

The objective was to analyze the implications associated with the enactment of Law No. 31592, which introduces significant amendments to the Code of Criminal Procedure regarding the acquitted person's conviction. For these purposes, it was analyzed whether such legislation complies with national and international standards regarding judicial conformity, as well as to examine its feasibility and effectiveness in terms of judicial proceedings aimed at challenging acquittal convictions. A mixed methodological approach was adopted over an extended period, covering the analysis of judicial decisions issued between the period 2010 - 2022. Through a thorough analysis, it was concluded that the principle of double jeopardy should be applied exclusively to the convicted person, highlighting that challenges related to acquittal convictions should be the competence of a Criminal or Mixed Chamber belonging to a specific Judicial District, instead of being attributed to the Supreme Court. Consequently, the modification introduced by this Law is highly detrimental by virtue of the possible difficulties it could cause in the operability of the appeal processes, as well as its potential to weaken the principle of double conformity, which constitutes a fundamental pillar in the judicial system.

Судова система України: конституційний аналіз реформування

This article examines the constitutional aspects of Ukraine’s judicial system, as well as the effectiveness and prospects of the reforms being implemented by the state. The main achievements and challenges faced by the Ukrainian judicial system are analyzed. The main achievements include the establishment of the Constitutional Court of Ukraine, the High Anti-Corruption Court, and the improvement of the procedures for the nomination and appointment of judges. Challenges include the inability to ensure full independence of the courts from external influences, high workload of judges, and the need to further improve the appeal and cassation process. The establishment of the Constitutional Court of Ukraine, the introduction of new procedures for the nomination and appointment of judges, and the establishment of the High Anti-Corruption Court are a significant step towards the creation of a fair and independent judicial system. It is determined that despite all the progressive achievements of Ukraine’s judicial reform, there are still a number of problems that need to be addressed urgently. These problems include: imperfect legislative regulation of the judicial system; insufficient funding of the judicial system; imperfect staffing of the judicial system, etc. The article also emphasizes the importance of continuing to fight corruption in the Ukrainian judiciary. To do this, it is necessary to introduce effective mechanisms for detecting and prosecuting judges for corruption offenses; to create independent anti-corruption bodies that will control the judicial system, etc. This article is important because it provides a clear picture of the structure and organization of the judicial system of Ukraine, as well as its basic principles and functions, reveals the problems faced by the judicial system of Ukraine and suggests ways to solve them in order to improve the administration of justice in Ukraine.

Разумность в гражданском процессуальном праве

This article is dedicated to the study of the legal essence of reasonableness in relation to the Russian civil procedure law. It is established that reasonableness is the fundamental origin that runs through the entire legal branch. It is determined that the principle of reasonableness is subject to broad interpretation, is applicable to the conduct of all parties to a civil procedure and stipulates a judicial evaluation of case circumstances from the legal as well as the economic standpoint. Besides, the author singles out actual unacceptability of certain grounds for reversal or amendment of judgments in cases on review of an administrative claim for awarding a compensation for a violation of the right to judicial proceedings or performance of a judicial act within a reasonable period of time in the event that such judgments are appealed. The author concludes that the absence of an exhaustive legal definition of reasonableness creates material obstacles in the judgment appeal process.

(381) Infertility, Erectile Dysfunction, and Hypogonadism Medications in the NFL: A Comprehensive Analysis of the Substance Abuse Policy, Violation Penalties, and Therapeutic Use Exemptions

Abstract Introduction The National Football League (NFL) faces countless challenges in maintaining a fair and competitive playing field while protecting player health. One aspect of concern involves the use of medications to treat infertility, erectile dysfunction (ED), and hypogonadism, which can potentially alter and enhance athletic performance. The NFL's Substance Abuse Policy governs the use of such medications and imposes strict penalties for violations. Several important players have been affected by these rules while attempting treatment for legitimate medical conditions. This project explored the presence of infertility, ED, and hypogonadism treatments among NFL players, assessed the penalties for their misuse, and analyzed the process for obtaining Therapeutic Use Exemptions (TUEs). Objective To provide in-depth analysis of the NFL's Substance Abuse Policy involving medications for infertility, ED, and hypogonadism treatment. Specifically, we evaluated the presence of specific medications in question as compared with the guidelines established by the World Anti-Doping Agency (WADA), examined the penalties associated with misuse, and investigated the procedures for obtaining TUEs. Methods We obtained a copy and conducted a thorough analysis of NFL’s Substance Abuse Policy, focusing on the presence of commonly prescribed medications to treat infertility, ED, and hypogonadism. This was compared to existing WADA guidelines. We then evaluated specific testing procedures and penalties associated with their use. We finally analyzed and delineated the methodology for obtaining a TUE. Results Our analysis of the Substance Abuse Policy revealed 97 prohibited substances encompassing Anabolic/Androgenic Steroids, Protein and Peptide Hormones, Anabolic Agents including Beta-2 Agonists, Anti-Estrogenic Agents, Selective Androgen Receptor Modulators (SARMs). This list was found to be 98% consistent with existing WADA guidelines. Erectile Dysfunction medications were allowed, specifically Viagra, Cialis, and Levitra. Penalties for violating League Policy ranged from fines (calculated using player-specific salary), suspension, bonus forfeiture, and banishment. Regarding TUEs, specifically for hypogonadism, the application process proved to be complex, requiring substantial medical documentation, laboratory testing including FSH, LH, and semen analysis, and expert review. Obtaining a TUE additionally required annual renewal as well as regular serum testing and medical visits. Conclusions The use of medications treating infertility and hypogonadism among NFL players is a valid medical concern. While potential for abuse exists, many players qualify for treatment based on current medical guidelines. The Substance Abuse Policy was comprehensive, including all major infertility and hypogonadism medications while allowing use of common ED medications. Penalties for violations were strict but accompanied by associated review and appeal processes. The TUE system, while complex and time-intensive, provided pathways for players with genuine medical needs to access necessary treatments while maintaining organizational oversight. This study showed the delicate balance maintained by a multi-billion-dollar industry in promoting fair play while simultaneously allowing players to obtain legitimate medical treatments. Further research and collaboration between medical professionals, players, and league officials is needed to further refine this process for future generations. Disclosure No.

Applicable Law in Cas Appeal Process

Bu çalışmada çok genel hatlarıyla lex sportiva kavramı ile sportif uyuşmazlıkların tahkim yoluyla çözümlenmesi bağlamında CAS Tahkim Mahkemesinden bahsedilmektedir. CAS Tahkim Mahkemesinin rolü ve işlevi kısaca incelenmektedir. İlgili düzenlemeler uyarınca CAS nezdinde kanun yolu başvurusu olarak temyiz usulü düzenlenmektedir. Her ne kadar Türk hukuku düzenlemelerinde TFF kurulları kararlarının nihailiği ve kesinliği vurgulanmakta ise de bu durumun sadece yönetim ve disipline ilişkin kararlarda geçerli olduğu, taraflar arasında sözleşmeden doğan uyuşmazlıklara ilişkin olarak CAS’ın temyizen inceleme yetkisinin bulunduğu kabul edilmektedir. Çalışmada, çoğu zaman farklı tabiiyette bulunan uyuşmazlık tarafları arasında CAS Temyiz Mahkemesi tarafından uygulanacak hukuk, ilgili düzenlemeler ve uygulama çerçevesinde ele alınmaktadır. CAS, Lozan/İsviçre’de teşekkül ettiğinden ve birçok uluslararası sportif yapının da merkezinin İsviçre’de bulunduğundan, İsviçre hukukunun kaçınılmaz etkisi himayesinde tarafların uygulanacak hukuk bağlamında irade serbestileri işlenmektedir. CAS ve FIFA kuralları arasındaki etkileşim de nazara alındığında, ilgili düzenlemeler çerçevesinde taraflara bahsedilen kısıtlı irade serbestine göre öncelikle ilgili sportif yapının kural ve düzenlemeleri birincil olarak, akabinde tarafların açıkça veya zımnen seçtikleri hukuk kurallarının ikincil ve tamamlayıcı olarak uygulanacağı kabul edilmektedir. Bununla birlikte, sporcuların çoğu zaman kulüp, dernek veya lig karşısında daha güçsüz konumda olduğu kabul edildiğinden, evrensel kurallar gözetilmekte ve tamamlayıcı hukuk olarak da tarafların seçimi göz önüne alınmaksızın İsviçre hukuku uygulanmaktadır.