The Court of Arbitration for Sport Appeals Procedure
The Court of Arbitration for Sport (“CAS”), often referred to as the "Supreme Court of Sport", plays a pivotal role in resolving high-stakes disputes that can define the careers of athletes, the futures of clubs, and the integrity of entire sports. Established to provide a neutral and independent forum for arbitration and mediation, CAS has become the cornerstone of global sports law, handling over 10,500 cases since its inception. Its Appeals Procedure, introduced in the Code of Sports-related Arbitration in 1994, is particularly significant, serving as the final arbiter for disputes arising from decisions made by sports governing bodies.
From overturning bans that could end an athlete’s career to resolving controversies over financial regulations, CAS decisions have far-reaching implications. A prime example is the high-profile Manchester City-UEFA dispute, where CAS overturned a Champions League ban, demonstrating its ability to influence the landscape of professional sport. The Appeals Procedure is not merely a legal mechanism; it is a lifeline for athletes, clubs, and organisations seeking swift and binding resolutions to disputes that often arise under tight time pressure.
This article summarises the key elements of the CAS appeals procedure, following from our previous article which provided a general overview of CAS.
When does the CAS Appeals Procedure come into play
CAS provides for two primary arbitral procedures, the Ordinary Arbitration Procedure (which hears disputes at first – and only – instance) and the Appeal Arbitration Procedure (“Appeals Procedure”) which principally acts as a means of appealing against decisions of sports governing bodies, as well as the Anti-Doping Division (“CAS ADD”) for certain doping cases.
Importantly, the primary purpose of the CAS Appeals Procedure is not to appeal rulings by CAS, but instead to appeal decisions taken by a wide range of sports governing bodies, with their own disciplinary procedures, in a single forum. A broad variety of disputes go to the Appeals Procedure including decisions regarding athlete bans, certain referee’s decisions and club funding. Often these disputes are on a tight timeframe, seeking to reverse an initial decision that may be severely detrimental to an athlete’s career or a club’s future.
Not all sports appeals heard through CAS go through the Appeals Procedure; for major sporting events with exceptional requirements such as the Olympic Games, appeals are heard via an ad hoc division with offices on the ground capable of 24-hour turnarounds. Nevertheless, the majority of CAS’ caseload relate to the Appeals Procedure; according to CAS’ 2023 statistics, since its foundation around 80% of its cases have been under the Appeals Procedure, with the remainder split between ordinary procedures, ad hoc procedures, anti-doping procedures and consultation procedures (the latter since abolished).
CAS arbitration agreements
Arbitration is a consensual mechanism, i.e. both parties must agree to arbitrate for the tribunal (or ”Panel”, as used by CAS) to have jurisdiction over the dispute. CAS arbitration agreements are typically found in a sports body’s governing rules, in effect binding clubs, teams or individual athletes as a condition of participation.
By way of example, FIFA—the governing body for football—names CAS as the competent authority for the final appeal of disputes within the FIFA Statutes (2024). FIFA recognises CAS to resolve disputes between FIFA, membership associations, confederations, leagues, clubs, players, officials, football agents and match agents (Article 49(1), subject to carve-outs in Article 50(3)). FIFA only permits recourse to the CAS Appeals Procedure after all other internal channels of appeal have been exhausted (Article 50(2)) and recourse instead to ordinary courts of law is generally prohibited (Article 51(2)). FIFA requires that appeals against its decisions must be lodged with CAS within 21 days of the decision (Article 50(1)). Appealing to CAS will generally not have a suspensive effect, i.e. the FIFA decision under appeal will remain in force until CAS have made its final determination (Article 50(4)). Additionally, FIFA requires football associations to in turn insert an arbitration clause in their statutes or regulations to further bind (amongst others) club members, officials and players to the mechanism (Article 51(3)).
FIFA’s Statutes demonstrate the extent to which an entire sport can effectively be bound to the CAS Appeals Procedure. Similar provisions are in place in a wide variety of other sports: tennis’ governing body appeals against decisions to the exclusive jurisdiction of CAS (Article 29 of the ITF Constitution (2025)); golf’s governing body requires all national federation members and associate members to provide an undertaking to ensure appeals against their decisions will be referred to CAS (Article 4 of the IGF Constitution (2018)); equestrian sports’ governing body permits appeals against decisions of its tribunal to the exclusive jurisdiction of CAS (Article 39 of the FEI Statute (2023)); basketball’s governing body allows issues that cannot be settled by internal appeals processes to be settled under the CAS rule (Article 40 of the FIBA General Statues (2021)); and rugby players may appeal decisions on issues of national eligibility for the Olympics to CAS (Article 8 of the World Rugby Regulations).
Anti-doping cases and the Appeals Procedure
The CAS ADD may hear doping cases at first instance under a delegation of powers from some of the approximately 700 sporting organisations that are signatories of the World Anti-Doping Code (the “WADC”). This includes the International Olympic Committee. The CAS ADD decides whether a breach of the signatory’s anti-doping rules has occurred and the appropriate sanction, applying the CAS ADD procedural rules decided by a Panel from the CAS ADD list of arbitrators. Article 13.2.2 of WADC provides that, where an individual or organisation has a right of appeal and a national appellate body is not in place or available, the appeal will go to the general CAS appeals division and the Code of Sports-related Arbitration (“CAS Code”) will apply. Anti-doping cases may therefore be heard under the Appeals Procedure, either as an appeal against a CAS ADD decision, or an appeal against a decision taken directly by a sporting body.
The CAS Code Appeals Procedure rules
The CAS Code is laid out as a single document, with Section C containing the special provisions applicable to the Appeal Procedure. The following is a brief overview of the five stages of a CAS appeal.
Stage 1: Commencing the arbitration
An appeal against a ruling body may be filed with CAS if (i) the statutes or regulations of the body so provide or (ii) the parties have concluded an arbitration agreement between themselves, provided in all cases that the appellant has exhausted the legal remedies available to them within the governing body’s statutes or regulations (R47). In practice the majority of CAS appeals originate under the first path.
Individual sporting bodies may set their own deadlines for appeal within their statutes or regulations (as previously discussed, FIFA specifies 21 days), failing which the deadline will be 21 days (R49). A statement of appeal must be submitted by the appellant in accordance with the requirements section, including the name of the arbitrator the appellant wishes to nominate and the payment of a fee (R48). Absent agreement otherwise between the parties, three arbitrators is the default (R50). CAS operates a closed list of arbitrators with expertise in sports disputes, so the appellant must select a name from the relevant list, or alternatively request a sole arbitrator be appointed from the list (R48).
Stage 2: Appellant’s appeal brief and composition of the Panel
Within 10 days of the expiry of the time limit of the appeal, the appellant must either lodge an appeal brief or confirm that the statement of appeal shall act as the appeal brief (R51). Included in the appeal brief must be the facts, legal arguments, exhibits, specification of other evidence, witness statements, an outline of the expected witness testimony and the names (as well as expertise) of any experts on which the party seeks to rely (R51).
The CAS Court Office will get the arbitral procedure in motion unless CAS clearly does not have jurisdiction or the internal legal remedies available to the Appellant have clearly not been exhausted (R52). The CAS Court Office may publicly announce the initiation of the appeal, the composition of the Panel and the hearing date, unless parties agree otherwise (R52).
With the agreement of the parties, the President of the Division has the power to manage proceedings in an expedited manner where appropriate, so default time-limits may be amended (R52). Unless proceeding with a sole arbitrator, the respondent must nominate an arbitrator within 10 days of receipt of the statement of appeal. The President of the Division will formally appoint the two co-arbitrators nominated by the appellant and respondent, and additionally a third arbitrator to serve as the President of the Panel (R54). Where a sole arbitrator is used, the President of the Division shall make the appointment (R54). Once the Panel is formed, the CAS Court Office will transfer the file to the arbitrators and an ad hoc clerk may be appointed to support (R54).
Stage 3: Respondent’s answer, challenging jurisdiction and case management
The respondent must submit its answer within 20 days of receipt of the grounds for the appeal, failing which the Panel may proceed without it (R55). The respondent’s answer may include a statement of defence including exhibits, witness statements and a summary of expected witness testimony as well as the names and expertise of experts it wishes to call (R55). Parties will generally not be authorised to supplement or amend their briefs after the appeal brief and answer are submitted (R56).
The respondent may include a defence of lack of jurisdiction, i.e. that the Panel lacks the jurisdiction to hear the dispute (R55). Where the issue of jurisdiction is raised the Panel (or the CAS Court Office, if the Panel is not yet constituted) shall invite the parties to file written submissions on the issue (R55). Under the principle of kompetenz-kompetenz, the Panel will rule on its own jurisdiction regardless of any legal action pending before another court or tribunal (unless substantive grounds require a suspension of proceedings) (R55). The Panel may make either a preliminary decision on jurisdiction or include the matter in an award on the merits (R55).
The Panel will ask the parties if they wish to hold a case management conference to discuss procedural issues and will hold one if requested (R56). Before the hearing but after any case management conference, the Panel will issue an order of procedure to govern the proceedings (R56).
Stage 4: Panel’s review of the arguments and hearing
The Panel is empowered to review both the facts and the law, so the appeal may be on either or both bases (R57). The President of the Panel may request that the governing body whose decision is subject to appeal provides its file on the matter (R57). The Panel may additionally, at the request of a party, order the other party to produce documents in its custody or under its control (R44.3, made applicable by R57). The President of the Panel will issue directions in connection with the hearing for examining parties, witnesses and experts as well as for oral arguments (R57). The Panel has discretion to exclude evidence parties had available or could reasonably have discovered but failed to present before the original decision was rendered (R57).
As a general rule, one hearing will take place with the appellant going first (R44.2, made applicable by R57). However, the Panel may decide that it is sufficiently well informed and, after consulting the parties, proceed to decide without a hearing (R57). Where a hearing is held before CAS, the default position is that the proceedings will take place in private unless the parties agree otherwise (R57). However, in cases where an individual is appealing a disciplinary decision, they may request a public hearing. This request may be denied on a number of grounds including the interests of minors or where publicity would prejudice the interests of justice (R57).
The Panel shall decide the dispute primarily according to the applicable regulations (i.e. the governing body’s own rules) and subsidiarily the rules of law chosen by the parties, absent which choice the Panel shall decide, giving reasons for its decision (R58).
Stage 5: Panel’s decision, the award and costs
The Panel may dismiss the appeal, therefore confirming the appealed decision, or uphold the appeal issuing a new decision which replaces the appealed decision, or refer the case back to the previous instance (R57). The Panel may communicate the operative part of the award to the parties ahead of the reasons, and it will be enforceable from this notification (R57). The award shall state brief reasons and be rendered by majority decision or in the absence of a majority by the President alone (R59). The CAS Director General will review the award before it is signed, and make rectifications to the form and draw the Panel’s attention to any fundamental issues of principle (R59). The award will be final and binding on the parties in almost all circumstances (the seat of the arbitration is Lausanne, Switzerland, and as such the award may only be challenged before the Swiss Federal Tribunal on narrow grounds) (R59). The operative part of the award must be communicated to the parties within three months of the file being transferred to the Panel (subject to a limited extension provision) (R59). The award, a summary and/or a press release of the results will be made public by CAS unless both parties agreed that they should remain confidential (R59). The other elements of the case record shall remain confidential (R59) – this will include documents such as expert reports and hearing transcripts.
Unlike first instance awards, the decisions of the CAS Appeals Procedure are published by default, unless parties agree otherwise. Publishing decisions in full is not the typical approach taken in arbitration, but reflective of the public interest – in both senses – in these outcomes. CAS maintains an extensive online archive of published awards dating back to 1986. High-profile examples with extensive press coverage include the long-running Manchester City – UEFA dispute over an alleged breach of finance rules, in which CAS ultimately reduced the fine and overturned the club’s ban from the Champions League.
Provisions with regards to costs are set out in Section F of the CAS Code. In the case of certain disciplinary matters, proceedings are free other than the filing fee (R65.2). For the remainder of proceedings, the appellant must pay a fee to file (R64.1) and the CAS Court Office shall fix the payment of an advance on costs (R64.2). At the end of the arbitration, the CAS Court Office will determine the final cost of the arbitration, including a detailed breakdown (R64.4). At the award the Panel shall determine which party shall bear the costs or in which proportion they should be shared (R64.6). The Panel has discretion to grant the successful party a contribution towards its legal fees and other expenses, however it shall take into account the complexity and outcome of the proceedings as well as the conduct and financial resources of the parties (R64.6).
Challenges for parties navigating the CAS Appeals Procedure
Navigating the CAS Appeals Procedure (or other sports appeals) creates unique challenges for parties. It is in recognition of this that CAS operates a closed list of experienced arbitrators, as well as specific lists in certain areas (e.g. the football list and the anti-doping list).
Some areas of law are unique to sports, such as doping, where CAS jurisprudence holds that the burden of proof is reversed, i.e. the burden is on the athlete to disprove the doping accusation involving Adverse Analytical Findings (positive anti-doping test results). An understanding of the norms and procedures specific to the sector is essential. Indeed, with the highly international nature of sports disputes, language differences can also add complexity and the Panel at times may need to consider complex medical evidence in doping cases.
However, what is undoubtedly most challenging about the Appeals Procedure is the speed at which parties must proceed. Speed is essential to sports arbitration due to the nature of disputes – a wrongful suspension could cause irreparable harm – and parties who fail to meet the tight deadlines may find they lose a right to raise an objection, present evidence or even pursue the appeal at all.
The importance of Swiss law in CAS Appeals Procedure
Swiss law is central to the CAS Appeals Procedure, as the seat of arbitration for CAS is in Lausanne, Switzerland. This makes CAS awards subject to the Swiss Federal Act on Private International Law, which governs international arbitration. Under this framework, CAS awards can only be challenged on very narrow grounds, such as lack of jurisdiction, procedural irregularities, or breach of public policy, ensuring the finality and enforceability of decisions.
Swiss law also plays a substantive role, as CAS Panels frequently apply it either due to a direct choice of law specified in the statutes and regulations of sports organisations or because many such organisations are domiciled in Switzerland and governed by Swiss law. Accordingly, parties should not underestimate the significance of Swiss law in CAS proceedings, including the CAS Appeals Procedure, and may wish to consider seeking advice from Swiss lawyers.
Conclusion – the future of the CAS Appeals Procedure
As discussed above, in many sports CAS arbitration is effectively compulsory as the final mechanism of resolving a dispute and Swiss-seated arbitral awards are only appealable on very narrow grounds. There is a clear rationale for this; arbitration has many advantages for resolving sports disputes, there is a clear requirement in sport for swift and binding decisions, and there is no comparative judicial centre of expertise in sports law.
However, CAS has also faced challenges. Indeed, in the current Seraing case, the Advocate General of the Court of Justice of the European Union (“CJEU”) has suggested in her opinion that CAS awards should be open to national court review to ensure their compliance with European Union (“EU”) law, in particular provisions on public policy. This is primarily because, as Switzerland is not a member of the EU, the grounds of challenge contained in Swiss law do not incorporate principles of EU law such as the provisions of the Treaty on the Functioning of the European Union. While her opinion is not binding on the CJEU, it sent shockwaves in the sports law community. If her opinion is followed by the CJEU, the entire international sports resolution system will have to be reconsidered.
However, between its establishment and 2024, CAS has handled some 11,500 disputes and is undoubtedly the foremost body of expertise in sports law globally. CAS has been nimble in how it has sought to meet the unique challenges of sports disputes, combining flexible Appeals Procedure rules (and ad hoc procedures where required) with specialist arbitrators to create a unique dispute resolution body.
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