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Sports Arbitration Code (TAS)

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Sports Arbitration Code

It entered into force on January 1, 2019

Statutes of the bodies that work for the resolution of sports-related disputes

A Joint Provisions

S1. In order to resolve sports-related disputes through arbitration and mediation, two bodies are created:

 

  • The International Council of Sports Arbitration. (ICAS)

  • The Court of Sports Arbitration. (CAS).

 

Disputes in which a federation, association or other body related to sport is part of an arbitration matter pursuant to this Code, only to the extent established by the statutes or regulations of the bodies or a specific agreement.

ICAS and CAS headquarters is Lausanne, Switzerland.

S2. The purpose of ICAS is to facilitate the resolution of sports-related disputes through arbitration or mediation and to safeguard CAS's independence and the rights of the parties. He is also responsible for the administration and financing of CAS.

S3.

CAS maintains one or more lists of arbitrators and provides arbitration resolution of sports-related disputes through arbitration by panels composed of one or three arbitrators.

The CAS is made up of an Ordinary Arbitration Division, an Anti-Doping Division and an Appeals Arbitration Division.

CAS maintains a roster of mediators and deals with the resolution of sports-related disputes through mediation. The mediation procedure is governed by the CAS Mediation Rules.

 

B The International Council of Sports Arbitration. (ICAS)

1 Composition

S4. ICAS is made up of twenty members, experienced jurists appointed as follows:

 

to. Four members are appointed by the International Sports Federations (IFs), viz. three by the Association of International Summer Olympic Federations (ASOIF) and one by The Association of International Olympic Winter Sports Federations (AIOWF), elected from within or outside their membership;

 

b. four members are appointed by the Association of National Olympic Committees (ANOC), elected from within or outside of its members;

 

c. four members are appointed by the International Olympic Committee (IOC), elected from within or outside its membership;

 

d. four members are appointed by the twelve ICAS members listed above, after appropriate consultation with a view to safeguarding the interests of the athletes;

and. four members are appointed by the sixteen ICAS members listed above, chosen from among independent personalities of the agencies that appoint the other ICAS members.

 

S5.

ICAS members are appointed for one or more renewable four-year terms. Such nominations will be made during the last year of each four-year cycle.

Upon appointment, ICAS members sign a statement agreeing to carry out their duties personally, with complete objectivity and independence, in accordance with this Code. They are, in particular, bound by the obligation of confidentiality provided in article R43.

ICAS members may not appear on the CAS list of arbitrators or mediators or act as legal advisers to any party to CAS proceedings.

If an ICAS member resigns, dies or is prevented from carrying out his duties for any other reason, he is replaced, for the remainder of his term, in accordance with the terms that apply to him. appointment.

ICAS may award the title of Honorary Member to any former ICAS member who has made an exceptional contribution to the development of ICAS or CAS. The title of Honorary Member can be awarded posthumously.

 

2 Attributions

S6. ICAS exercises the following functions:

1. Adopt and modify this Code;

2. Choose from its members one or more renewable four-year periods:

• President,

• Two Vice Presidents who will replace the President if necessary, in order of seniority; If the position of President becomes vacant, the Principal Vice President shall exercise the functions and responsibilities of the President until the election of a new President,

• The President of the Ordinary Arbitration Division, the President of the Anti-Doping Division and the President of the CAS Appeals Arbitration Division,

• The deputies of the three Division Presidents who can replace them in the event that they are prevented from performing their duties;

The election of the President and Vice-Presidents will take place after consultation with the IOC, ASOIF, AIOWF and ANOC. The election of the President, Vice-Presidents, Division Presidents and their alternates will take place at the ICAS meeting after the appointment of ICAS members for the next four-year term;

3. Appoint the permanent committees listed in Article S7 ab and C .;

4. Appoint the arbitrators that make up the list of CAS arbitrators and the mediators that make up the list of CAS mediators at the proposal of the CAS Membership Commission. You can also remove them from those lists;

5. Solve the challenges and the removal of arbitrators through its Challenge Commission, and perform any other function identified in the Rules of Procedure;

6. He is responsible for the financing and financial reporting of CAS. For this purpose, inter alia (among others):

6.1 Receive and manage the funds assigned to its operations;

6.2 Approves the ICAS budget prepared by the CAS Court Office and the CAS Anti-Doping Division Office;

6.3 Approves the ICAS annual report and financial statements prepared in accordance with the requirements of the Swiss Law .;

7. Appoints the CAS Secretary General and may terminate his functions at the proposal of the President .;

8. Oversees the activities of the CAS Court Office and the CAS Anti-Doping Division Office;

9. Provides permanent or ad hoc regional or local arbitration, including at alternative hearing centers;

10. Creates a legal aid fund to facilitate access to CAS arbitration for individuals without sufficient financial means and CAS legal aid guidelines for the operation of the funds, including a Legal Aid Commission to decide on legal aid requests ;

11. You can take any other action that you consider necessary to protect the rights of the parties and promote the settlement of disputes related to sport through arbitration and mediation.

S7 ICAS exercises its functions by itself, or through:

1. Its Board, made up of the President, the two Vice-Presidents of ICAS, the President of the Ordinary Arbitration Division and the President of the Appeals Arbitration Division; Y,

2. The following permanent commissions:

to. The CAS Membership Commission, made up of two ICAS Members appointed in accordance with Article S4 d. Or e. of the Code, one of them appointed president of the commission and by the three Presidents of the Division. The CAS Membership Commission is responsible for proposing the appointment of new CAS arbitrators and mediators for ICAS. It may also suggest removing arbitrators and mediators from CAS lists.

b. The Legal Aid Commission, made up of the President of ICAS as president of the commission and the four ICAS Members appointed in accordance with Article S4 d. Of code. The Legal Aid Commission shall exercise its functions in accordance with the Guidelines on Legal Aid.

c. The Challenge Commission, made up of a member of ICAS to be appointed out of the selection and membership of the IOC, IF and ANOC and who should act as president of the commission, and by the presidents of 3 divisions and their deputies, less the President and the Vice President of the Division in question due to the specific Challenge Procedure, which are automatically disqualified. The Challenge Commission will exercise its functions in accordance with articles R34. and R35 of the Code.

ICAS cannot delegate to the Board the functions listed in Article S6, paragraphs 1, 2, 6.2 and 6.3.

 

3 Operation

S8.

1. ICAS meets when the CAS activity requires it, but at least once a year. A quorum at ICAS meetings consists of at least half of its members. Decisions are made during meetings or by correspondence by a majority of the votes cast. Abstentions and blank or spoiled votes are not taken into account in the calculation of the required majority. Proxy voting is not allowed. Voting is carried out by secret ballot if the President so decides or if so requested by at least a quarter of the members present. The president has a casting vote in the event of a tie.

2. Any amendment to this Code requires a two-thirds majority of ICAS members. In addition, the provisions of article S8.1 apply.

3. Any ICAS member is eligible to run for the ICAS Presidency. Registration as a candidate will be in writing and submitted to the Secretary General no later than four months before the electoral meeting.

The election of the ICAS President will take place at the ICAS meeting after the appointment of ICAS members for a period of four years. The quorum for said election is three-fourths of the members of ICAS. The President is elected by an absolute majority of the members present. If there is more than one candidate for the office of President, successive rounds of voting will be organized. If the absolute majority is not reached, the candidate with the fewest votes in each round will be eliminated. In the event of a tie between two or more candidates, one vote between those candidates.

 

Be organized and the candidate with the fewest votes will be eliminated. If after this subsequent vote, there is still a tie, the oldest candidates are selected.

 

If there is no quorum present or if the last candidate in the voting rounds, or the only candidate, does not obtain an absolute majority in the last voting round, the current president will remain in office until a new election can be held. held. The new election will be held within four months after the failed election and in accordance with the previous rules, with the exception that the President is elected by simple majority when two candidates or less remain in competition.

The choice is secret. A correspondence election is not permitted .

4. The CAS Secretary General participates in decision-making with an advisory voice and acts as ICAS Secretary.

S9 The President of ICAS is also the President of CAS. He is responsible for the ordinary administrative tasks of ICAS.

S10 The ICAS Council meets at the invitation of the ICAS President.
The CAS Secretary General participates in decision-making with an advisory voice and acts as Secretary of the Council.

A quorum of the Board is made up of three of its members. Decisions are made during meetings or by correspondence by a simple majority of the voters; The president has a casting vote in the event of a tie.

 

S11 A member of ICAS or the Board may be questioned when circumstances allow legitimate doubts to be cast about its independence from a party to an arbitration, which must be the subject of a decision by ICAS or the Board pursuant to Article S6. , paragraph 4. It will be preventively disqualified when the subject of a decision is an arbitration procedure in which a body related to the sport to which it belongs appears as a party or in which a member of the law The firm to which it belongs is an arbitrator or attorney.

 

ICAS, with the exception of the challenged member, will determine the process regarding the challenge procedure.

 

The disqualified member will not participate in any of the deliberations on the arbitration in question and will not receive any information on the activities of ICAS and the Board in relation to said arbitration.

 

C The Court of Sports Arbitration. (CAS)

1 Mission

S12 The CAS constitutes the panels that have the responsibility to resolve disputes that arise in the context of sport through arbitration and / or mediation in accordance with the Rules of Procedure (articles R27 and following).

For this purpose, the CAS provides the necessary infrastructure, affects the constitution of the Panels and supervises the efficient conduct of the procedures.

The responsibilities of the Panels are, among other things:

to. Resolve disputes that are sent to them through ordinary arbitration;

b. To resolve issues related to anti-doping as a first instance authority or as a single instance;

c. Settle disputes related to the decisions of federations, associations or other sports-related bodies through the appeal arbitration procedure, to the extent that the statutes or regulations of said sports-related bodies or a specific agreement so establish

d. To resolve disputes referred to them through mediation.

2 Referees and mediators.

S13 The personalities designated by ICAS, in accordance with Article S6, paragraph 3, appear on the CAS list for one or more renewable periods of four years. ICAS reviews the complete list every four years; The new list will take effect on January 1 of the year following its establishment.

There will be no less than one hundred and fifty arbitrators and fifty mediators.

S14 ICAS will appoint personalities for the CAS list of arbitrators with adequate legal training, recognized competence in sports law and / or international arbitration, a good knowledge of sport in general and a good command of at least one working language of CAS, whose names and qualifications are brought to the attention of ICAS, including by the IOC, IFs, NOCs, and IOC Athletes Commissions, IFs and NOCs. ICAS can identify arbitrators who have specific experience in handling certain types of disputes.

ICAS will appoint personalities from the list of CAS mediators with mediation experience and a good understanding of sport in general.

S15 ICAS will publish said lists of CAS arbitrators and mediators, as well as all subsequent modifications thereto.

S16 In appointing arbitrators and mediators, ICAS will consider continental representation and different legal cultures.

S17 Subject to the provisions of the Rules of Procedure (Articles R27 and following), if a CAS arbitrator resigns, dies or is unable to perform his duties for any other reason, he or she may be replaced, for the remaining period of his mandate, in accordance with the terms applicable to his appointment.

S18 The arbitrators appearing on the CAS list may serve on the Panels constituted by any of the CAS Divisions. At the time of their appointment, the arbitrators and mediators of the CAS will sign an official declaration committing themselves to carry out their duties personally with total objectivity, independence and impartiality, and in accordance with the provisions of this Code.

CAS arbitrators and mediators cannot act as counsel for a party before CAS.

S19 CAS arbitrators and mediators are bound by the duty of confidentiality, which is established in the Code and, in particular, will not reveal to any third party any fact or other information related to the procedures carried out before the CAS.

ICAS may remove an arbitrator or mediator from the CAS membership list, temporarily or permanently, if it violates any rule of this Code or if its action affects the reputation of ICAS and / or CAS.

3 Organization of the CAS

S20 The CAS is made up of three divisions, the Ordinary Arbitration Division, the Anti-Doping Division and the Appeals Arbitration Division.

to. The Ordinary Arbitration Division constitutes the Panels, whose responsibility is to resolve disputes submitted to the ordinary procedure, and performs, through the intermediary of its President or his alternate, all other functions in relation to the efficient operation of the procedures in accordance with The procedure. Rules (Articles R27 et seq.).

b. The Anti-Doping Division constitutes a panel, whose responsibility is to resolve disputes related to anti-doping matters as a first instance authority or as a single instance. Performs, through the intermediary of its President or his deputy, all other functions in relation to the quick and efficient execution of procedures in accordance with the Rules of Procedure (Articles A1 and following).

c. The Appeals Arbitration Division constitutes a panel, the responsibility of which is to resolve disputes related to the decisions of federations, associations or other bodies related to sport to the extent that the statutes or regulations of said sports-related bodies or an agreement specific so foresee. Performs, through the intermediary of its President or his alternate, all other functions in relation to the efficient execution of procedures in accordance with the Rules of Procedure (Articles R27 and following).

The arbitration proceedings submitted to CAS are assigned by the CAS Court Office to the appropriate Division. Said assignment cannot be contested by the parties nor can it be raised by them as a cause of irregularity. In the event of a change in circumstances during the proceedings, the CAS Court Office, after consultation with the Panel, may assign the arbitration to another Division. Said reassignment shall not affect the constitution of the Panel or the validity of any procedure, decision or order before said reassignment.

The CAS mediation system operates in accordance with the CAS Mediation Rules.

S21 The President of any Division may be challenged if there are circumstances that give rise to legitimate doubts regarding his independence from one of the parties to an arbitration assigned to his Division. You will be preventatively disqualified if, in the arbitration proceedings assigned to your Division, one of the parties is a sports-related body to which it belongs, or if it is a member of the law firm to which it belongs. She / he belongs is acting as arbitrator or attorney.

ICAS will determine the procedure with respect to any challenge. The contested president will not participate in said determination.

If the President of a Division is contested, the functions related to the efficient execution of the procedures conferred by the Rules of Procedure (Articles R27 and following), will be performed by his deputy or by the President of the CAS, If the deputy also is contested. No disqualified person will receive information about the activities of CAS in relation to the arbitration procedures that lead to their disqualification.

S22 The CAS includes a Court Office composed of the Secretary General and one or more Attorneys, who can represent the Secretary General when necessary.

The CAS Court Office performs the functions assigned to it by this Code.

D Various provisions

S23 These Bylaws are supplemented by the Rules of Procedure and the Arbitration Rules for the CAS Anti-Doping Division adopted by ICAS.

S24 The English text and the French text are authentic. In case of divergence, the French text will prevail.

S25 These Bylaws can be modified by ICAS decision in accordance with Article S8.

S26 These Statutes and Rules of Procedure come into effect by ICAS decision, made by a two-thirds majority.

Rules of procedure

A General provisions

R27 Application of the Rules:

These Rules of Procedure apply as long as the parties have agreed to refer a sport-related dispute to CAS. Such reference may arise from an arbitration clause contained in a contract or regulation or by virtue of a subsequent arbitration agreement (ordinary arbitration procedure) or may involve an appeal against a decision issued by a federation, association or body related to sport , where the statutes or regulations of said bodies, or a specific agreement provides for an appeal to CAS (arbitration appeal procedures).

 

Such disputes may involve matters of principle related to sport or matters of pecuniary or other interest related to the practice or development of sport and may include, more generally, any activity or matter related to or related to sport.

R28 Seat

The headquarters of CAS and of each Arbitration Panel (Panel) is Lausanne, Switzerland. However, if circumstances warrant, and after consultation with all parties, the Panel President may decide to hold a hearing elsewhere and issue appropriate instructions related to that hearing.

R29 Language

CAS's working languages ​​are French and English. In the absence of an agreement between the parties, the President of the Panel or, if not yet appointed, the President of the corresponding Division, will select one of these two languages ​​as the language of the arbitration at the beginning of the procedure, taking into account all the relevant circumstances. Thereafter, the proceedings will be conducted exclusively in that language, unless the parties and the Panel agree otherwise.

 

The parties may request that a language other than French or English be selected, provided that the Panel and the CAS Court Office agree. If agreed, the CAS Court Office determines with the Panel the conditions related to the choice of language; The Panel may order the parties to bear all or part of the translation and interpretation costs. If a hearing is to be held, the Panel may allow a party to use a language other than that chosen for the arbitration, provided that it provides, at its own expense, interpretation to and from the official language of the arbitration.

 

The Panel or, prior to the establishment of the Panel, the Division President may order that all documents submitted in languages ​​other than the procedures be presented along with a certified translation in the language of the procedures.

 

R30 Representation and assistance

 

The parties can be represented or assisted by people of their choice. The names, addresses, email addresses, telephone and fax numbers of the persons representing the parties will be communicated to the CAS Court Office, the other party and the Panel after their formation. Any party represented by an attorney or other person must provide written confirmation of such representation to the CAS Court Office.

 

R31 Notifications and Communications

All notifications and communications that CAS or the Panel seek for the parties will be made through the CAS Court Office. Notifications and communications will be sent to the address listed in the request for arbitration or the statement of appeal, or to any other address specified at a later date.

All arbitration awards, orders, and other decisions made by CAS and the Panel will be notified by mail and / or fax and / or email, but at least in a form that allows proof of receipt.

The request for arbitration, the statement of appeal, and any other written, printed, or digitally filed filings, must be submitted by mail to the CAS Court Office by the parties in as many copies as other parties and arbitrators, along with one copy. additional for the CAS itself, otherwise the CAS will not proceed. If transmitted in advance by fax or email to the official CAS email address (procedure@tas-cas.org), the submission is valid upon receipt of the fax or email by the CAS Court Office provided that The written submission and its copies are also filed by courier within the first business day after the relevant time limit, as mentioned above.

Archiving of the aforementioned submissions by email is permitted under the conditions set forth in the CAS guidelines in the electronic filing.

Evidence attached to any written submission may be sent to the CAS Court Office by email, provided it is listed and each evidence can be clearly identified; The CAS Court Office can send them by the same means. Any other communication from the parties to the CAS Court Office or Panel will be sent by mail, fax or email to the CAS Court Office.

 

R32 time limits

 

The time limits established in this Code will begin from the day following receipt of the notification by the CAS. Official holidays and non-working days are included in the calculation of time limits. The deadlines set in this Code are respected if the parties' communications are sent before midnight, the time of the location of their own domicile or, if represented, the domicile of their main legal offices. representative, the last day in which said terms expire. If the last day of the time limit is an official holiday or a non-business day at the location from which the document will be sent, the time limit will expire at the end of the first subsequent business day.

Upon request for justified reasons and after consulting with the other party (or parties), the President of the Panel or, if not yet appointed, the President of the corresponding Division, may extend the terms established in these Rules of Procedure, with the exception to the time limit for filing the appeal statement, if circumstances warrant and provided that the initial time limit has not yet expired. With the exception of the time limit for the appeal statement, any request for a first time extension of a maximum of five days may be decided by the CAS Secretary General without consulting the other party (ies).

The Panel or, if it has not yet been constituted, the President of the corresponding Division may, upon request for justified reasons, suspend an ongoing arbitration for a limited period of time.

 

R33 Independence and Qualifications of the Referees

 

All arbitrators must be and remain impartial and independent of the parties and must immediately disclose any circumstance that may affect their independence with respect to any of the parties.

Each arbitrator will appear on the list prepared by ICAS in accordance with the Statutes that are part of this Code, will have a good command of the language of the arbitration and will be available as necessary to complete the arbitration in an expedited manner.

 

R34 Challenge

 

An arbitrator may be challenged if the circumstances give rise to legitimate doubts about his independence or his impartiality. The challenge will be submitted within seven days from the date the challenge is known.

 

Challenges will be determined by the Challenge Commission, which has the discretion to refer a case to ICAS. The challenge of an arbitrator will be presented by the party that raises it, in the form of a petition that will explain the facts that motivated the challenge, which will be sent to the CAS Court Office or the Anti-Doping Division Court Office of the CAS. The Challenge Commission or ICAS will decide on the challenge after the other party (or parties), the contested arbitrator and the other arbitrators, if any, have been invited to submit written comments. Such comments will be communicated by the CAS Court Office or the CAS Anti-Doping Division Court Office to the parties and other arbitrators, if any. The Challenge Commission or ICAS will briefly explain the reasons for its decision and may decide to publish it.

 

R35 Removal

The Challenge Commission may remove an arbitrator if he refuses to perform his duties or is prevented from doing so, or if he does not perform his duties under this Code within a reasonable time. The Challenge Commission will invite the parties, the arbitrator in question and the other arbitrators, if any, to submit written comments and briefly explain the reasons for their decision. The removal of an arbitrator may not be requested by a party.

 

R36 Replacement

 

In the event of the resignation, death, removal or successful challenge of an arbitrator, said arbitrator will be replaced in accordance with the provisions applicable to his appointment. If, within the time period set by the CAS Court Office, the Plaintiff / Appellant does not appoint an arbitrator to replace the arbitrator who had originally been appointed, the arbitration will not commence or, if it has already commenced, will commence . finished. Unless the parties agree otherwise or the Panel decides otherwise, the procedures will continue without repeating any aspect of them before replacement.

 

R37 Provisional and Conservatory Measures

 

No party may request provisional or conservation measures in accordance with these Rules of Procedure before all the internal legal remedies provided for in the rules of the federation or the sports body in question have been exhausted.

 

Upon filing the application for provisional measures, the Applicant will pay a non-refundable fee from the Office of the Court of 1,000 Swiss francs, without which CAS will not proceed. The fee of the CAS Court Office will not be paid again when filing the request for arbitration or the statement of appeal in the same procedure.

 

The President of the corresponding Division, before the transfer of the file to the Panel, or thereafter, the Panel may, upon request of a party, issue an order for provisional or conservation measures. By agreeing to submit any dispute subject to the ordinary arbitration procedure or the appeal arbitration procedure to these Rules of Procedure, the parties expressly waive their rights to request such measures from the state authorities or courts.

 

In the event of a request for provisional measures, the President of the corresponding Division or the Panel will invite the other party (or parties) to express a position within ten days or a shorter period if circumstances require it. The President of the corresponding Division or the Panel will issue an order expeditiously and will first decide on the prima facie jurisdiction of CAS. The President of the Division may terminate the arbitration procedure if he decides that the CAS clearly has no jurisdiction. In the most urgent cases, the President of the corresponding Division, before the transfer of the file to the Panel, or later, the President of the Panel may issue an order by mere presentation of the request, provided that the opponent is subsequently heard. In deciding whether to grant preliminary relief, the Division or Panel President, as appropriate, will consider whether relief is necessary to protect the applicant from irreparable harm, the likelihood of success on the merits of the claim, and whether the The Applicant's interests are greater than the Respondent (s).

 

The procedure for provisional measures and provisional measures already granted, if any, will be automatically annulled if the requesting party does not file a related request for arbitration within 10 days of the filing of the request for provisional measures (procedure ordinary) or any statement. of the appeal within the period provided for in article R49 of the Code (appeal procedure). Such time limits cannot be extended.

 

Provisional and conservation measures may be conditioned on the security provision.

 

B Special provisions applicable to the ordinary arbitration procedure.

R38 Request for arbitration

The party intending to submit a matter to arbitration under these Rules of Procedure (Complainant) shall file an application with the CAS Court Office containing:

• the name and full address of the defendant (s);

• a brief statement of the facts and legal argument, including a statement of the issue to be submitted to CAS for its determination;

• your request for relief;

• a copy of the contract containing the arbitration agreement or any document that provides for arbitration in accordance with these Rules of Procedure;

• any relevant information on the number and election of the arbitrator (s); If the relevant arbitration agreement provides for three arbitrators, the name of the arbitrator from the CAS list of arbitrators chosen by the claimant.

 

Upon filing your application, the Plaintiff will pay the Court Office fee set forth in Article R64.1.

 

If the aforementioned requirements are not met when the request for arbitration is filed, the CAS Court Office may grant the Complainant a single short time to complete the request, otherwise, the CAS Court Office will not proceed.

 

R39 CAS Arbitration Initiation and Response - CAS Jurisdiction

 

Unless it is clear from the outset that there is no arbitration agreement that relates to CAS, the CAS Court Office will take all appropriate steps to initiate arbitration. It will communicate the request to the Defendant, invite the parties to express themselves on the law applicable to the merits of the dispute and establish deadlines for the Respondent to send any relevant information on the number and election of the arbitrator (s) from the list CAS, as well as filing a response to the arbitration request.

 

The response must contain:

• a brief statement of defense;

• any defense of the lack of jurisdiction;

• Any counterclaim.

 

The Respondent may request that the term for the presentation of the response be set after the payment by the Claimant of its share of the advance of costs provided in Article R64.2 of this Code.

The Panel will decide on its own jurisdiction, regardless of any legal action that is pending before a state court or another arbitral tribunal related to the same object between the same parties, unless the substantive reasons require a suspension of the procedure.

 

When an objection is raised to CAS jurisdiction, the CAS Court Office or Panel, if already constituted, will invite the parties to submit written submissions on jurisdiction. The Panel may decide on its jurisdiction either in a preliminary decision or in an award on the merits.

 

When a party files a request for arbitration related to an arbitration agreement and facts similar to those that are subject to ordinary proceedings pending before CAS, the President of the Panel, or if not yet appointed, the President of The Division, after consulting the parties, you may decide to consolidate the two procedures.

 

R40 Panel Formation

 

R40.1 Number of arbitrators

 

The Panel is made up of one or three arbitrators. If the arbitration agreement does not specify the number of arbitrators, the President of the Division will determine the number, taking into account the circumstances of the case. The Division President may then choose to appoint a Sole Arbitrator when the Complainant so requests and the Respondent fails to pay its share of the advance of costs within the time limit set by the CAS Court Office.

 

R40.2 Appointment of arbitrators

 

The parties may agree on the method of appointing the arbitrators from the CAS list. In the absence of an agreement, the arbitrators will be appointed in accordance with the following paragraphs.

 

If, by virtue of the arbitration agreement or a decision of the President of the Division, a sole arbitrator is appointed, the parties may select it by mutual agreement.

 

Agreement within a period of fifteen days established by the CAS Court Office upon receipt of the request. In the absence of agreement within that time limit, the President of the Division will proceed with the appointment.

 

If, by virtue of the arbitration agreement, or a decision of the President of the Division, three arbitrators are appointed, the Claimant will designate his arbitrator in the request or within the term established in the decision on the number of arbitrators, in the absence of which is considered withdrawn the request for arbitration. The Respondent will designate its arbitrator within the term established by the CAS Court Office upon receiving the request. In the absence of such appointment, the President of the Division will proceed with the appointment in place of the Respondent. The two arbitrators so appointed will select the President of the Panel by mutual agreement within the term established by the CAS Court Office. In the absence of agreement within that period, the President of the Division shall appoint the President of the Panel.

 

R40.3 Confirmation of the Referees and File Transfer.

An arbitrator appointed by the parties or by other arbitrators will only be considered designated after confirmation by the Division President, who will ensure that each arbitrator meets the requirements of Article R33.

 

Once the Panel is formed, the CAS Court Office takes note of the formation and transfers the file to the arbitrators, unless neither party has advanced the costs provided for in Article R64.2 of the Code. .

 

An ad hoc independent party secretary may be appointed to attend the Panel. Your fees will be included in the arbitration costs.

 

R41 Multiparty Arbitration

R41.1 Plurality of Plaintiffs / Defendants

If the arbitration request names several Plaintiffs and / or Defendants, CAS will proceed to the formation of the Panel according to the number of arbitrators and the method of appointment agreed by all parties. In the absence of agreement, the President of the Division will decide the number of arbitrators in accordance with Article R40.1.

 

If a sole arbitrator is appointed, Article R40.2 will apply. If three arbitrators are appointed and there are multiple claimants, the claimants will jointly appoint one arbitrator. If three arbitrators are appointed and there are multiple defendants, the defendants will jointly appoint one arbitrator. In the absence of such joint nomination, the President of the Division shall proceed with the private appointment.

 

If there are three or more parties with divergent interests, both arbitrators will be appointed in accordance with the agreement between the parties. In the absence of agreement, the arbitrators will be appointed by the President of the Division in accordance with Article R40.2.

 

In all cases, the arbitrators will select the President of the Panel in accordance with Article R40.2.

 

R41.2 Meeting

 

If a Respondent intends to involve a third party in the arbitration, it shall so state in its response, along with the reasons, and submit an additional copy of its response. The CAS Court Office will communicate this copy to the person whose participation is requested and will set a time limit for said person to declare their position regarding their participation and submit a response in accordance with Article R39. It will also set a time limit for the claimant to express its position on the participation of the third party.

 

R41.3 Intervention


If a third party wishes to participate as a party in the arbitration, they must submit a request to that effect to the CAS Court Office, together with the corresponding reasons within 10 days after the intervener has been known by the intervener, provided that said The request is filed before the hearing, or before the closing of the evidentiary proceedings if a hearing is not held. The CAS Court Office will communicate a copy of this request to the parties and will set a time limit for them to express their position on the participation of the third party and to present, to the extent applicable, a response in accordance with Article R39.

R41.4 Joint Provisions on Engagement and Intervention

 

A third party may only participate in the arbitration if it is subject to the arbitration agreement or if he and the other parties agree in writing.

 

Upon expiration of the term established in Articles R41.2 and R41.3, the President of the Division or the Panel, if already appointed, will decide on the participation of the third party, taking into account, in particular, the following: the existence prima facie of an arbitration agreement as contemplated in article R39. The decision of the President of the Division will be understood without prejudice to the decision of the Panel on the same matter.

 

If the President of the Division accepts the participation of the third party, the CAS will proceed to the formation of the Panel according to the number of arbitrators and the method of appointment agreed by all parties. In the absence of agreement between the parties, the President of the Division will decide the number of arbitrators in accordance with Article R40.1. If a sole arbitrator is appointed, Article R40.2 will apply. If three arbitrators are appointed, the arbitrators will be appointed by the President of the Division and will appoint the President of the Panel in accordance with Article R40.2. Regardless of the Panel's decision on the involvement of the third party, the Panel's formation cannot be questioned. In the event that the Panel accepts participation, it shall, if required, issue related procedural instructions.

 

After considering submissions from all interested parties, the Panel will determine the status of the third party and their rights in the proceeding.

 

After considering submissions from all interested parties, the Panel may allow amicus curiae reporting, on terms and conditions that it can correct.

 

R42 Conciliation

 

The Division President, prior to the transfer of the file to the Panel, and thereafter the Panel may seek at any time to resolve the conciliation dispute. Any agreement can be incorporated into an arbitration award issued by consent of the parties.

 

R43 Confidentiality

 

The procedures under these Rules of Procedure are confidential. The parties, the arbitrators and CAS agree not to disclose to any third party any fact or other information related to the dispute or procedure without the permission of CAS. Prizes will not be made public unless all parties agree or the Division President so decides.

 

Procedure R44 before the Panel

 

R44.1 Written shipments

 

The proceedings before the Panel include written submissions and, in principle, an oral hearing. Upon receipt of the file and, if necessary, the Panel Chairperson will issue instructions regarding written submissions. As a general rule, there will be a claim statement, a response and, if circumstances require, a response and a second response. The parties may, in the statement of claim and in the response, present claims not contained in the request for arbitration and in the response to the request. Thereafter, neither party may file a new claim without the consent of the other party.

 

Along with their written submissions, the parties must submit all written evidence on which they intend to rely. After the exchange of written submissions, the parties will not be authorized to present further written evidence, except by mutual agreement, or if the Panel permits, based on exceptional circumstances.

 

In their written submissions, the parties must list the names of the witnesses, whom they intend to call, including a brief summary of their expected testimony, and the names of the experts, indicating their area of ​​expertise, and must indicate any other evidentiary measure that request. All witness statements will be presented along with the parties' presentations, unless the Panel President decides otherwise.

 

If a counterclaim and / or a jurisdictional objection is filed, the CAS Court Office will set a time limit for the claimant to file a response to the counterclaim and / or a jurisdictional objection.

 

R44.2 Hearing

 

If a hearing is to be held, the Panel President will issue instructions regarding the hearing as soon as possible and set the date for the hearing. As a general rule, there will be a hearing during which the Panel hears the parties, witnesses and experts, as well as the parties' final oral arguments, for which the Respondent is the last to be heard.

 

The Panel Chairperson will conduct the hearing and ensure that the statements made are concise and limited to the subject of the written submissions, to the extent that these submissions are relevant. Unless the parties agree otherwise, the hearings are not public. The hearing can be recorded. Anyone heard by the Panel may be assisted by an interpreter at the cost of the party who called that person.

 

The parties can only call witnesses and experts that they have specified in their written submissions. Each party is responsible for the availability and costs of the witnesses and experts it has called.

 

The Panel Chairperson may decide to conduct a hearing by videoconference or to listen to some parties, witnesses, and experts via teleconference or videoconference. With the parties' agreement, he / she may also exempt a witness or expert from appearing at the hearing if the witness or expert has previously filed a statement.

 

The Panel may limit or deny the appearance of any witness or expert, or any part of their testimony, for reasons of irrelevance.

 

Before listening to any witnesses, experts or interpreters, the Panel will solemnly invite said person to tell the truth, subject to the penalties of perjury.

 

Once the hearing is closed, the parties will not be authorized to present additional written arguments, unless the Panel so orders.

 

After consulting the parties, the Panel may, if it considers that it is sufficiently well informed, decide not to hold a hearing.

 

R44.3 Evidence Procedures Ordered by the Panel

 

A party may request the Panel to order the other party to submit documents in its custody or under its control. The party seeking such production shall demonstrate that such documents are likely to exist and be relevant.

If deemed appropriate to supplement the parties' submissions, the Panel may at any time order the production of additional documents or the examination of witnesses, appoint and hear experts, and proceed with any other procedural steps. The Panel may order the parties to contribute any additional costs related to the hearing of witnesses and experts.

 

The Panel will consult the parties regarding the appointment and terms of reference of any expert. The expert will be independent of the parties. Before appointing him, the Panel will invite him to immediately disclose any circumstance that may affect his independence with respect to any of the parties.

 

R44.4 Accelerated Procedure

 

With the consent of the parties, the President of the Division or the Panel may proceed expeditiously and may issue the appropriate instructions to do so.

 

R44.5 Default

 

If the claimant does not submit his statement of claim in accordance with article R44.1 of the Code, the request for arbitration shall be deemed to have been withdrawn.

 

If the Respondent does not file its response pursuant to Article R44.1 of the Code, the Panel may continue the arbitration and deliver an award.

 

If any of the parties, or their witnesses, has been duly summoned and does not appear at the hearing, the Panel may proceed with the hearing and deliver an award.

 

Law R45 Applicable to merits

 

The Panel will decide the dispute in accordance with the rules of law chosen by the parties or, in the absence of such a choice, in accordance with Swiss law. The parties may authorize the Panel to decide ex aequo et bono.

R46 Prize

 

The award will be made by majority decision or, in the absence of the majority, only by the President. The award will be written, dated and signed. Unless the parties agree otherwise, you must briefly state the reasons. The sole signature of the Panel President or the signatures of the two co-arbitrators, if the President does not sign, will suffice. Before the award is signed, it will be transmitted to the CAS Secretary General, who will be able to make rectifications purely and may also draw the attention of the Panel to fundamental issues of principle. Dissenting opinions are not recognized by CAS and are not reported.

The Panel may decide to communicate the operative part of the award to the parties, before the reasons are delivered. The award will be enforceable from the notification of the operational part by messaging, fax and / or email.

 

The award, notified by the CAS Court Office, will be final and binding on the parties subject to available remedies in certain circumstances in accordance with Swiss law within 30 days of notification of the award by mail or courier. It cannot be challenged by an action to annul to the extent that the parties have no domicile, habitual residence or commercial establishment in Switzerland and have expressly excluded all cancellation proceedings in the arbitration agreement or in a subsequent agreement. , particularly at the start of the arbitration.

 

C Special provisions applicable to the appeal arbitration procedure.

 

R47 Appeal

 

An appeal may be filed against the decision of a federation, association or body related to sport before CAS if the statutes or regulations of said body so provide or if the parties have entered into a specific arbitration agreement and if the Appellant has exhausted legal remedies. available to him prior to appeal, in accordance with the statutes or regulations of that body.

 

An appeal may be filed with the CAS against an award issued by the CAS acting as a court of first instance if such appeal has been expressly provided by the rules of the federation or sports body in question.

 

R48 Statement of Appeal

 

The Appellant must submit to the CAS a statement of appeal containing:

• the name and full address of the defendant (s);

• a copy of the appealed decision;

• the appellant's request for relief;

• the appointment of the arbitrator chosen by the Appellant from the CAS list, unless the Appellant requests the appointment of a sole arbitrator;

• if applicable, a request to suspend enforcement of the appealed decision, along with the reasons;

• a copy of the provisions of the statutes or regulations or the specific agreement that establishes the appeal to the CAS.

Upon filing the declaration, the Appellant will pay the fee of the CAS Court Office referred to in Article R64.1 or Article R65.2.

 

If the above requirements are not met when filing the appeal statement, the CAS Court Office may grant a single short time for the Appellant to complete their appeal statement, if they do not receive it within the due date, the The CAS Court Office will not proceed.

 

R49 Time limit for appeal

 

In the absence of a time limit established in the statutes or regulations of the federation, association or related sports body, or in a previous agreement, the period for appeal will be twenty-one days from the receipt of the appealed decision. . The Division President will not initiate proceedings if the appeal statement is delayed and will notify the person who filed the document. When a proceeding is initiated, a party may request the Division President or the Panel President, if a Panel has already been established, to rescind it if the appeal statement is delayed. The Division President or Panel President issues his decision after considering any presentation made by the other parties.

R50 Number of arbitrators

 

The appeal will be submitted to a Panel of three arbitrators, unless the parties have agreed to a Panel composed of a single arbitrator or, in the absence of an agreement between the parties regarding the number of arbitrators, the President of the Division decides to present the appeal to a sole arbitrator, taking into account the circumstances of the case, including whether the Respondent pays its share of the advance of costs within the time limit set by the CAS Court Office.

 

When two or more cases clearly involve the same problems, the President of the Appeals Arbitration Division may invite the parties to agree to refer these cases to the same Panel; In the absence of agreement between the parties, the President of the Division will decide.

 

R51 Summary of Appeal

 

Within ten days of the expiration of the time limit for the appeal, the Appellant shall submit to the CAS Court Office a brief report of the facts and legal arguments giving rise to the appeal, together with all documentary evidence and specification of other tests with which you intend. Alternately, the Appellant will inform the CAS Court Office in writing within the same time limit as the statement of appeal will be considered brief. The appeal will be deemed to have been withdrawn if the appellant does not meet this time limit.

 

In their written submissions, the Appellant shall specify the name (s) of any witnesses, including a brief summary of their expected testimony, and the name (s) of any expert, indicating their area of ​​expertise, intends to call and indicate any other evidentiary measure you request. The statements of the witnesses, if any, will be presented together with the appeal brief, unless the President of the Panel decides otherwise.

 

R52 Initiation of Arbitration by CAS.

 

Unless it appears from the outset that there is clearly no arbitration agreement referring to CAS, that the agreement is clearly unrelated to the dispute in question, or that the domestic legal remedies available to the Appellant have clearly not been exhausted, the CAS will take all appropriate measures. Actions to initiate arbitration. The CAS Court Office will communicate the declaration of appeal to the Respondent and the President of the Division will proceed to the formation of the Panel in accordance with Articles R53 and R54. If applicable, he / she will also promptly decide on any application to stay or provisional measures. The CAS Court Office will send a copy of the appeal statement and appeal brief to the authority that issued the contested decision, for information.

The CAS Court Office may publicly announce the initiation of any appeals arbitration proceedings and, at a later stage and where appropriate, the composition of the arbitration panel and the date of the hearing, unless the parties agree otherwise.

 

With the agreement of the parties, the Panel or, if not yet appointed, the President of the Division may proceed in an expedited manner and issue the appropriate instructions for said procedure.

 

When a party files a statement of appeal regarding a decision that is the subject of an appeal pending before CAS, the President of the Panel, or if not yet appointed, the President of the Division, may decide, After inviting the parties to submit proposals, consolidate the two procedures.

R53 Appointment of Arbitrator by Defendant

 

Unless the parties have agreed to a Panel consisting of a sole arbitrator or the Division President considers that the appeal must be filed with a sole arbitrator, the Respondent shall appoint an arbitrator within ten days of receipt of the statement of appeal. . In the absence of a nomination within that time limit, the Division President will make the appointment.

 

R54 Appointment of the Sole Referee or of the President and Confirmation of the Referees by CAS

 

If, by agreement of the parties or a decision of the President of the Division, a sole arbitrator is appointed, the President of the Division shall designate the sole arbitrator upon receipt of the motion of appeal or as soon as possible. A decision has been issued on the number of arbitrators.

 

If three arbitrators are appointed, the President of the Division shall appoint the President of the Panel after the appointment of the arbitrator by the Respondent and after consulting the arbitrators. The arbitrators appointed by the parties will only be considered appointed after confirmation by the President of the Division. Before proceeding with such confirmation, the Division President shall ensure that the referees comply with the requirements of Article R33.

 

Once the Panel is formed, the CAS Court Office takes note of the Panel's formation and transfers the file to the arbitrators, unless either party has advanced the costs in accordance with Article R64. 2 of the Code.

 

An ad hoc secretary, independent of the parties, may be appointed to attend the Panel. Your fees will be included in the arbitration costs. Article R41 applies mutatis mutandis to the appeals arbitration procedure, except that the President of the Panel is appointed by the President of the Appeals Division.

R55 Respondent's Response - CAS Jurisdiction

 

Within twenty days after receipt of the grounds for the appeal, the Respondent must send the CAS Court Office a response containing:

 

• a statement of defense;

• any defense of the lack of jurisdiction;

• any sample or specification of other evidence on which the Respondent intends to rely;

• the name (s) of any witnesses, including a brief summary of their expected testimony; The statements of the witnesses, if any, will be presented together with the response, unless the President of the Panel decides otherwise;

• the name (s) of the experts you intend to call, indicating their area of ​​expertise and any other evidentiary measures requested.

 

If the Respondent does not file its response within the established time limit, the Panel may continue the arbitration and deliver an award.

 

The Respondent may request that the deadline for filing the response be set after Appellant has paid its share of the advance payment of costs pursuant to Article R64.2.

 

The Panel will decide on its own jurisdiction. It will rule on its jurisdiction, regardless of any legal action that is already pending before a state court or another arbitration court related to the same object between the same parties, unless the substantive reasons require the suspension of the procedure.

 

When an objection is raised to CAS jurisdiction, the CAS Court Office or Panel, if already constituted, will invite the parties to submit written submissions on the matter of CAS jurisdiction. The Panel may decide on its jurisdiction either in a preliminary decision or in an award on the merits.

 

R56 Appeal and full response - Conciliation

 

Unless the parties agree otherwise or the Panel President orders otherwise in exceptional circumstances, the parties will not be authorized to supplement or amend their requests or arguments, to present new documentary evidence, or specify the additional evidence in which they seek be based upon filing of the appeal brief and response.

 

The Panel may at any time attempt to resolve the conciliation dispute. Any agreement can be incorporated into an arbitration award issued by consent of the parties.

 

R57 Scope of Panel Review - Hearing

 

The Panel has full power to review the facts and the law. You can issue a new decision that supersedes the contested decision, or you can override the decision and return the case to the previous instance. The President of the Panel may request the communication of the file of the federation, association or organism related to sport, whose decision is the object of the appeal. Upon transferring the CAS file to the Panel, the Panel President will issue instructions regarding the hearing for examination by the parties, witnesses, and experts, as well as for oral arguments.

 

After consulting the parties, the Panel may, if it considers that it is sufficiently well informed, decide not to hold a hearing. At the hearing, the proceedings are held behind closed doors, unless the parties agree otherwise. At the request of a natural person who is a party to the process, a public hearing must be held if the matter is disciplinary in nature. However, said request may be denied in the interest of morality, public order, national security, when the interests of minors or the protection of the private life of the parties so require, where advertising would harm the interests of the justice, when the proceedings are exclusively related to questions of law or when a hearing held in the first instance was already public.

 

The Panel has the discretion to exclude the evidence presented by the parties if it was available to them or could have been uncovered by them before the contested decision was made. Articles R44.2 and R44.3 will also apply.

 

If any of the parties, or any of their witnesses, having been duly summoned, does not appear, the Panel may continue with the hearing and deliver an award.

 

Law R58 Law applicable to merits.

 

The Panel will decide the dispute in accordance with the applicable regulations and, subsidiarily, the rules of law chosen by the parties or, in the absence of such choice, in accordance with the law of the country in which the federation, association or athlete is located. The related body that has issued the contested decision is domiciled or in accordance with the legal regulations that the Panel deems appropriate. In the latter case, the Panel will give reasons for its decision.

 

R59 Award

 

The award will be granted by majority decision, or in the absence of the majority, only by the President. It must be written, dated and signed. The award will contain brief reasons. The sole signature of the Panel President or the signatures of the two co-arbitrators, if the President does not sign, will suffice.

 

Before the award is signed, it will be transmitted to the CAS Secretary General, who will be able to make rectifications purely and may also draw the attention of the Panel to fundamental issues of principle. Dissenting opinions are not recognized by CAS and are not reported.

 

The Panel may decide to communicate the operative part of the award to the parties, before the reasons. The award will be enforceable from the notification of the operational part by messaging, fax and / or email.

 

The award, notified by the CAS Court Office, will be final and binding on the parties subject to available remedies in certain circumstances in accordance with Swiss law within 30 days of notification of the award by mail or courier. It cannot be challenged by an action to annul to the extent that the parties have no domicile, habitual residence or commercial establishment in Switzerland and have expressly excluded all cancellation procedures in the arbitration agreement or in a concluded agreement. Subsequently, in particular at the start of the arbitration.

 

The operative part of the award will be communicated to the parties within three months after the transfer of the file to the Panel. Said term may be extended by the President of the Appeals Arbitration Division at the request of the Panel President. A copy of the operative part of the award, if applicable, and of the entire award will be communicated to the sports authority or body that has issued the contested decision, if that body is not a party to the procedure.

 

The award, a summary and / or a press release establishing the results of the proceedings will be made public by CAS, unless both parties agree that they must remain confidential. In any case, the other elements of the case file will remain confidential.

D Special provisions applicable to consultation procedures.

 

R60 [repealed]

R61 [repealed]

R62 [repealed]

 

And interpretation

 

R63 A party may, no later than 45 days after notification of the award, request CAS to interpret an award issued in ordinary or appeals arbitration, if the operational part of the award is unclear, incomplete, ambiguous, whether the components are contradictory or contrary to reason, or whether the award contains administrative errors or mathematical calculation errors.

 

When submitting a request for interpretation, the appropriate Division President should review whether there are grounds for interpretation. If so, he / she will submit the request for interpretation to the Panel that granted the award. Any Panel member who is unable to act at that time will be replaced in accordance with Article R36.

 

The Panel will decide on the request within the month following the submission of the request for interpretation to the Panel.

 

F Costs of arbitration proceedings.

 

R64 General

 

R64.1 Upon filing the application / statement of appeal, the Plaintiff / Appellant will pay a non-refundable Office of the Tribunal fee of 1,000 Swiss francs, without which CAS will not proceed. The Panel will take this rate into account when evaluating the final amount of costs.

 

If an arbitration proceeding is terminated before a Panel has been established, the Division President will decide on costs in the termination order. She / he may only order payment of legal costs at the request of one party and after all parties have had the opportunity to submit written submissions on the costs.

 

R64.2 After the formation of the Panel, the CAS Court Office will set, subject to subsequent changes, the amount, method and time limits for the payment of the advance of costs. Filing a counterclaim or new claim may result in the calculation of additional advances.

 

To determine the amount to be paid in advance, the CAS Court Office will establish an estimate of the arbitration costs, which will be assumed by the parties in accordance with Article R64.4. The advance will be paid in equal parts by the Claimant (s) / Appellant (s) and the Defendant (s). If one part does not pay its part, another can replace it; in case of non-payment of the total advance of the costs within the period established by the CAS, the request / appeal will be considered withdrawn and the CAS will terminate the arbitration; This provision applies mutatis mutandis to any counterclaim.

 

R64.3 Each party shall pay the costs of its own witnesses, experts, and interpreters.

 

If the Panel appoints an expert or interpreter, or orders the examination of a witness, it will issue instructions regarding an advance of costs, if applicable.

 

R64.4 At the end of the proceedings, the CAS Court Office will determine the final amount of the cost of the arbitration, which will include:

- the fee of the CAS Court Office,

- CAS administrative costs calculated according to the CAS scale,

- the costs and fees of the arbitrators,

- ad hoc employee fees, if any, calculated according to the CAS fee scale,

- a contribution towards the expenses of the CAS, and

- The expenses of witnesses, experts and interpreters.

 

The final account of the arbitration costs may be included in the award or communicated separately to the parties. The advance of costs already paid by the parties are not reimbursed by CAS with the exception of the portion that exceeds the total amount of arbitration costs.

 

R64.5 In the arbitration award, the Panel will determine which party will bear the costs of the arbitration or in what proportion the parties will share them. As a general rule and without any specific request from the parties, the Panel has discretion to grant the winning party a contribution towards their legal fees and other expenses incurred in connection with the proceedings and, in particular, the costs of witnesses and interpreters. In making such a contribution, the Panel shall take into account the complexity and outcome of the procedures, as well as the conduct and financial resources of the parties.

R65 Appeals against decisions issued by international federations in disciplinary matters R65.1 This Article R65 applies to appeals against decisions that are exclusively disciplinary in nature and that are rendered by an international federation or sports body. It does not apply to appeals against decisions related to sanctions imposed as a consequence of a dispute of an economic nature. In the event of an objection by either party to the application of Article R64 instead of R65, the CAS Court Office may request that the costs of the arbitration be paid in advance in accordance with Article R64.2 pending a Panel decision on the matter.

 

R65.2 Subject to articles R65.2, para. 2 and R65.4, the procedure will be free. The arbitrators' fees and costs, calculated according to the CAS fee scale, together with CAS costs, are assumed by CAS.

 

Upon filing of the statement of appeal, the Appellant will pay a non-refundable fee from the Office of the Tribunal of 1,000 Swiss francs, without which CAS will not proceed and the appeal will be deemed withdrawn.

 

If an arbitration proceeding is terminated before a Panel has been established, the Division President will decide on costs in the termination order. She / he may only order payment of legal costs at the request of one party and after all parties have had the opportunity to submit written submissions on the costs.

 

R65.3 Each party shall pay the costs of its own witnesses, experts, and interpreters. In the arbitration award and without a specific request from the parties, the Panel has discretion to grant the winning party a contribution for their legal fees and other expenses incurred in connection with the proceedings and, in particular, the costs of witnesses and interpreters . In making such a contribution, the Panel shall take into account the complexity and outcome of the procedures, as well as the conduct and financial resources of the parties.

 

R65.4 If circumstances warrant, even if the federation that has issued the contested decision is not a signatory to the Agreement constituting ICAS, the President of the Appeals Arbitration Division may apply Article R64 to an appeals arbitration, either ex officio or at the request of the Panel President.

 

R66 Consultation procedures

 

[abrogated]

 

G - Miscellaneous Provisions

 

R67 These Rules are applicable to all procedures initiated by CAS as of January 1, 2019. Procedures pending on January 1, 2019 remain subject to the Rules in effect prior to January 1, 2019, unless both parties request the application of these Rules.

 

R68 CAS arbitrators, CAS mediators, ICAS and its members, CAS and their employees are not responsible to any person for any act or omission in connection with any CAS procedure. R69 The French text and the English text are authentic. In case of discrepancy, the French text will prevail. R70 The Rules of Procedure may be modified in accordance with Article S8.

R69 The French text and the English text are authentic. In case of discrepancy, the French text will prevail.

 

R70 The Rules of Procedure may be modified in accordance with Article S8.

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