THE RELATIONSHIP BETWEEN ASSOCIATION TRIBUNALS AND THE COURT OF ARBITRATION FOR SPORT

Abstract

This article examines the complex relationship between association tribunals and the Court of Arbitration for Sport (CAS) within the multi-stage framework of dispute resolution in organized sports. It explores key legal issues, including the classification of association tribunals versus arbitral tribunals, the legal consequences of procedural deadlines, the mandate scope of the CAS in appeal proceedings, and the legal obligation to exhaust internal remedies before appealing. The article analyses the appealability of decisions and the binding effects of rulings by association tribunals, especially in light of Swiss jurisprudence. Special attention is given to conflicts regarding jurisdiction, admissibility, and the enforceability of internal sports tribunal decisions under the Swiss Private International Law Act (PILA). The paper argues for a nuanced approach that balances procedural efficiency with athletes’ access to justice and the autonomy of sports federations.