ISSUES OF STANDING BEFORE THE COURT OF ARBITRATION FOR SPORT

Abstract

This article examines the legal doctrine of standing to sue and to be sued before the Court of Arbitration for Sport (CAS), clarifying distinctions between jurisdictional issues and standing issues, and between formal and substantive standing. The analysis also covers FIFA’s specific standing to be sued, the implications under Swiss law and CAS jurisprudence. Standing issues, although not jurisdictional, are treated as preliminary merits issues in CAS procedures. The article suggests that CAS panels should adopt a liberal approach with regard to the existence of the so-called legal (or legitimate) interest, which should only be denied if the appealing party would have no benefit whatsoever, not even reputational, in obtaining a judgement in its favour. The article also outlines the consequences of a finding of lack of standing and it draws attention to the distinct approaches under Article 75 of the Swiss Civil Code and CAS appeal proceedings.