Latest amendments to the CAS Code: What you need to know
Introduction
On 1 January 2016, the latest amendments to the Code of Sports-related Arbitration came into effect.1 Commonly known as the “CAS Code,” these rules and regulations govern the procedure the Court of Arbitration for Sport (CAS).
For those lawyers actively engaged at the CAS, recognising and understanding the amendments are fundamental to best practices and effective advocacy on behalf of a client.
For those who aren’t actively engaged at the CAS, we hope that this article helps provide a better understanding of the arbitral body for which much of sport relies on for dispute resolution and some of the rules that govern it.
In this article, we will review each of the amendments made to the CAS Code in a format that we hope will be accessible to both those who appear before the CAS and those in sport who want to keep apprised of the ongoing developments at sport’s “supreme court.”
Amendments
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- Tags: Code of Sports-related Arbitration | Court of Arbitration for Sport (CAS) | Governance | Private International Law Act of Switzerland (PILS) | Regulation | United Kingdom (UK)
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Written by
Mark Hovell
Mark is a partner and the head of the sports team at Mills & Reeve LLP.
Jake Cohen
Jake is a sports lawyer at Mackrell.Solicitors and works on both sides of the pond as a qualified attorney in the United States and a Registered Foreign Lawyer in England and Wales. Jake advises athletes, coaches, sporting directors, agencies, intermediaries, brands and clubs on a range of contentious and non-contentious issues within sport.
Contentious matters include successfully acting for clients before The FA, FIFA, and the Court of Arbitration for Sport on issues relating to overdue payables, training compensation, solidarity contribution, employment disputes, and disputes between players and intermediaries. Jake has also acted on some of the highest-profile discrimination matters in sport within both the UK and US.
Non-contentious matters include advising clients on regulatory issues, domestic and international transfers, image rights issues, employment issues, sponsorship and endorsement deals, complex cross-border corporate matters, and academy and youth football matters.
Jake strongly believes that costs should not be a barrier to information, knowledge, education and legal advice. As such, he dedicates time towards acting for young men’s, women’s and youth footballers in a pro bono capacity on a range of issues, from scholarship agreements and their first professional contracts to representation contracts with intermediaries and international disputes before FIFA’s Dispute Resolution Committee. Additionally, he has been a member of the American Bar Association’s Military Pro Bono Project since first qualifying as a lawyer and provides pro bono legal clinics at Wembley Stadium for students enrolled at UCFB.
Jake has also written about legal, economic, and financial issues in sport for the Wall Street Journal, ESPN, The Guardian, The Independent and other publications. He has been cited as an authority by media outlets all over the world.
Jake is fluent in English and American Sign Language and is proficient in Spanish. He frequently collaborates with colleagues from a variety of different countries, jurisdictions and backgrounds.
At one time, he was a serviceable fly-half.
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