A data analysis of the arbitrators, cases and sports at the Court of Arbitration for Sport

Gates of the Court of Arbitration for Sport
Published: Thursday, 04 July 2019. Written by Rustam Sethna No Comments

The focus of this report (Report) is to dissect the DNA of the CAS and look at the individuals responsible for the constantly evolving body of sports law (or lex sportiva) jurisprudence; namely, the closed list of arbitrators.

As one of the defining features of the CAS, the “closed list” is, in reality, more exclusive than in theory, with publicly available data pointing towards an “old boys club1 of sorts, though as the author discusses below there may be good reasons for what the data shows that reflect greater market and societal issues.

As will be seen from the analysis, the lingering question is whether diversity – be it age, gender or geography - among arbitrators can and ought to be compromised in the face of the “specificity of sport”.

Contents:

  • Introduction

  • Method and qualifications

  • Analysis:

  • Arbitrators

    • Representation by region:

    • Representation by nationality

    • Gender

    • Age

      • Range

      • Mean and mode

      • Age brackets

    • Appearances (published decisions)

    • The unappointed arbitrators (published decisions)

    • Legal tradition

  • Sports

  • Cases

    • Nature of dispute

    • Nature of Procedure

    • Case outcome

    • Subsequent appeals and their outcome

  • Conclusions and recommendations

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About the Author

Rustam Sethna

Rustam Sethna

Rustam is an Associate at LawInSport and an incoming Associate on the sports law team at Mills & Reeve LLP.
 

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