FIFA CAS Arbitration & Appeals 3 — Questions and Answers
Question 1: Under the CAS Code, how many arbitrators typically compose a CAS panel in an appeal arbitration procedure?
- One sole arbitrator
- Three arbitrators (Correct answer)
- Five arbitrators
- Two arbitrators plus a presiding chairman
Correct answer: Three arbitrators
CAS appeal panels are ordinarily composed of three arbitrators unless the parties agree to a sole arbitrator.
Question 2: Which international convention facilitates the recognition and enforcement of foreign CAS arbitral awards in over 170 countries?
- The Hague Convention on Choice of Court Agreements
- The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Correct answer)
- The Geneva Protocol on Arbitration Clauses
- The UNCITRAL Model Law
Correct answer: The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The 1958 New York Convention is the primary treaty enabling enforcement of foreign arbitral awards, including those issued by CAS.
Question 3: A football agent claims confidentiality over documents submitted during CAS proceedings. What is the general CAS rule on confidentiality?
- All CAS proceedings and awards are fully public by default
- CAS proceedings are confidential but awards may be published with party consent or by CAS decision (Correct answer)
- CAS proceedings are fully open to the media
- Confidentiality only applies to doping cases
Correct answer: CAS proceedings are confidential but awards may be published with party consent or by CAS decision
CAS proceedings are confidential by default, but awards can be made public if both parties agree or CAS decides it is in the interest of sport.
Question 4: When a CAS panel issues an award, against which court can a losing party challenge the award on very limited grounds?
- The International Court of Justice
- The European Court of Human Rights
- The Swiss Federal Tribunal (Correct answer)
- The FIFA Disciplinary Committee
Correct answer: The Swiss Federal Tribunal
CAS awards seated in Lausanne may only be challenged before the Swiss Federal Tribunal on narrow grounds such as lack of jurisdiction or procedural irregularity.
Question 5: What is the purpose of a CAS 'R-48 procedure' (expedited procedure)?
- To handle doping violations exclusively
- To resolve disputes during an ongoing competition within very tight deadlines (Correct answer)
- To mediate commercial disputes between clubs
- To award provisional measures pending a full hearing
Correct answer: To resolve disputes during an ongoing competition within very tight deadlines
The CAS ad hoc division uses expedited procedures (linked to R-48 timelines) to resolve disputes arising during major competitions such as the Olympics or World Cup.
Question 6: Which of the following grounds can the Swiss Federal Tribunal NOT use to annul a CAS award?
- The tribunal lacked jurisdiction
- The award violated Swiss public policy
- The CAS panel made an error of law on the merits (Correct answer)
- The composition of the panel was irregular
Correct answer: The CAS panel made an error of law on the merits
The Swiss Federal Tribunal cannot review errors of law or fact on the merits; its review is limited to procedural and constitutional grounds.
Question 7: An agent and a club agree to submit their dispute to CAS ordinary arbitration rather than appeals arbitration. What key difference applies?
- Ordinary arbitration is always faster than appeals arbitration
- Ordinary arbitration is a first-instance proceeding, not a review of a prior sports body decision (Correct answer)
- Ordinary arbitration panels have five members
- Ordinary arbitration awards are not enforceable under the New York Convention
Correct answer: Ordinary arbitration is a first-instance proceeding, not a review of a prior sports body decision
CAS ordinary arbitration resolves disputes directly between parties without a prior decision by a sports federation, unlike appeals arbitration.
FIFA CAS Arbitration & Appeals 3
Under the CAS Code, how many arbitrators typically compose a CAS panel in an appeal arbitration procedure?