FIFA CAS Arbitration & Appeals 2 — Questions and Answers
Question 1: Which CAS division specifically handles appeals against decisions made by international sports federations such as FIFA?
- CAS Ordinary Arbitration Division
- CAS Appeals Arbitration Division (Correct answer)
- CAS Anti-Doping Division
- CAS Mediation Division
Correct answer: CAS Appeals Arbitration Division
The CAS Appeals Arbitration Division handles appeals from decisions issued by sports bodies including FIFA.
Question 2: Under CAS rules, what is the general time limit for filing an appeal against a FIFA decision once the full grounds of the decision have been notified?
- 7 days
- 14 days
- 21 days (Correct answer)
- 30 days
Correct answer: 21 days
CAS procedures generally require an appeal to be filed within 21 days of notification of the full reasoned decision.
Question 3: When CAS hears an appeal de novo, what does that mean for the panel?
- The panel reviews only the legal errors in the original decision
- The panel rehears the entire case as if it were a first-instance proceeding (Correct answer)
- The panel defers fully to the first-instance body's findings of fact
- The panel limits itself to reviewing procedural violations
Correct answer: The panel rehears the entire case as if it were a first-instance proceeding
A de novo review means CAS considers all facts and legal issues afresh, not limited to what the lower body decided.
Question 4: Which Swiss law primarily governs the enforcement of CAS arbitral awards in Switzerland and internationally?
- Swiss Code of Obligations
- Swiss Private International Law Act (PILA) (Correct answer)
- Swiss Civil Procedure Code
- Swiss Federal Act on International Mutual Assistance in Criminal Matters
Correct answer: Swiss Private International Law Act (PILA)
The Swiss Private International Law Act (PILA) governs international arbitration seated in Switzerland, including CAS awards.
Question 5: A football agent's license is revoked by FIFA's Players' Status Chamber. To which body should the agent first appeal before going to CAS?
- FIFA Disciplinary Committee
- FIFA Appeal Committee (Correct answer)
- Swiss Federal Tribunal
- FIFA Bureau
Correct answer: FIFA Appeal Committee
The FIFA Appeal Committee is the internal appellate body that must typically be exhausted before recourse to CAS.
Question 6: What principle requires a party to CAS arbitration to raise procedural objections promptly or risk losing the right to do so later?
- Estoppel
- Nemo judex in causa sua
- Venire contra factum proprium
- Waiver by conduct (Correct answer)
Correct answer: Waiver by conduct
Waiver by conduct means a party who fails to object promptly to a procedural irregularity may be deemed to have waived that objection.
Question 7: In CAS arbitration, who typically bears the burden of proof for establishing that a FIFA decision was incorrect?
- FIFA, as the decision-making body
- The CAS panel, acting inquisitorially
- The appellant challenging the decision (Correct answer)
- A jointly appointed independent expert
Correct answer: The appellant challenging the decision
The appellant bears the burden of proving that the challenged decision is wrong in fact or law.
FIFA CAS Arbitration & Appeals 2
Which CAS division specifically handles appeals against decisions made by international sports federations such as FIFA?