CAS Arbitration & Appeals Flashcards

A football agent misses the CAS appeal deadline by one day due to a server outage at his law firm. What is the likely CAS outcome?

Answer: CAS will dismiss the appeal as time-barred unless exceptional circumstances are formally proven

CAS strictly enforces filing deadlines, and technical issues at a party's firm are generally not accepted as sufficient grounds for an extension.

In CAS arbitration concerning a football agent dispute, what does 'lex sportiva' refer to?

Answer: The transnational body of principles and rules developed through sports arbitration jurisprudence

Lex sportiva denotes the set of unwritten principles and precedents developed through CAS and sports arbitration that transcend any single national legal system.

What must a party demonstrate to obtain provisional or conservatory measures from CAS pending resolution of an appeal?

Answer: A prima facie case, urgency, and that the balance of convenience favors relief

CAS applies a three-part test for interim relief: prima facie case on the merits, urgency, and balance of interests favoring the applicant.

An agent appeals a FIFA ban to CAS arguing the ban violates EU competition law. Can CAS apply EU law?

Answer: Yes — CAS can apply EU law as part of the applicable law chosen by the parties or relevant to the dispute

CAS panels may apply EU law, including competition law provisions, when relevant to the substance of the dispute.

If FIFA's FIFA Appeal Committee upholds a sanction against a football agent, the agent wishes to go to CAS. Which statement is correct?

Answer: The agent may file directly at CAS as FIFA's internal remedies have been exhausted

Once FIFA's internal appellate body (the Appeal Committee) has ruled, internal remedies are exhausted and the agent may file at CAS directly.

What is the function of the International Council of Arbitration for Sport (ICAS) in relation to CAS?

Answer: ICAS administers and finances CAS and appoints arbitrators to the CAS list

ICAS is the governing body of CAS, responsible for its administration, financing, and maintaining the list of eligible arbitrators.

A football agent's contract provides that 'all disputes shall be resolved by CAS.' If the agent is also an employee under national labor law, can CAS still hear the case?

Answer: It depends on whether the applicable national law allows mandatory labor disputes to be arbitrated

Some jurisdictions restrict mandatory arbitration of employment disputes, so the validity of a CAS clause in an agent-employment context depends on applicable national labor law.