You Ask. WDSF Answers. 25/07/2012

Several questions raised by athletes reading through the declaration they need to sign in order to obtain their ID card revolve around the resolution of disputes and applicable law.

Understanding the role of the Lausanne-based Court of Arbitration for Sport (CAS) is prerequisite to grasping the declaration text under 

D. Dispute Resolution

" ... I agree that any dispute which is not to be adjudicated in application of procedures provided for by the WDSF Rules and Regulations, but which arises between myself and WDSF shall be governed by Swiss law and shall be exclusively settled by arbitration before CAS in accordance with the CAS rules then in effect."

CAS?

The Court of Arbitration for Sport (CAS) is an institution independent of any sports organisation that provides for services in order to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the­ specific needs of the sports world.

The CAS has the task of resolving legal disputes in the field of sport through arbitration. It does this pronouncing arbitral awards that have the same enforceability as judgments of ordinary courts. It can also help parties solve their disputes on an amicable basis through mediation, when this procedure is allowed.

Any disputes directly or indirectly linked to sport may be submitted to the CAS. These may be disputes of a commercial nature (e.g. a sponsorship contract), or of a disciplinary nature following a decision by a sports organisation (e.g. a doping case).

An award pronounced by the CAS is final and binding on the parties from the moment it is communicated. It may in particular be enforced in accordance with the New York Convention on the recognition and enforcement of arbitral awards, which more than 125 countries have signed.

Read all 20 answers to questions regarding CAS, arbitration and mediation here!