(CAS) Bulletin - Tribunal Arbitral du Sport / TAS

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conference or to hear some parties, witnesses and experts via tele- or video-conference. With the agreement of the parties, he may also exempt a witness/expert from appearing at the hearing if the latter has previously fi led a statement. (...) R51 Appeal Brief [...] In his written submissions, the Appellant shall specify the name(s) of any witnesses, including a brief summary of their expected testimony, and the name(s) of any experts, stating their area of expertise, whom he intends to call and state any other evidentiary measure which he requests. The witness statements, if any, shall be fi led together with the appeal brief, unless the President of the Panel decides otherwise. R53 Nomination of Arbitrator by the Respondent Unless the parties have agreed to a Panel composed of a sole arbitrator or the President of the Division considers that the appeal is an emergency and must should be submitted to a sole arbitrator, the Respondent shall nominate an arbitrator within ten days after receipt of the statement of appeal. In the absence of a nomination within such time limit, the President of the Division shall proceed with the appointment in lieu of the Respondent. R55 Answer of the Respondent – CAS Jurisdiction Within twenty days from the receipt of the grounds for the appeal, the Respondent shall submit to the CAS an answer containing : • a statement of defence; • any defence of lack of jurisdiction; • any exhibits or specifi cation of other evidence upon which the Respondent intends to rely, including the names of the witnesses and experts whom he intends to call; the witness statements, if any, shall be fi led together with the answer, unless the President of the Panel decides otherwise; • the name(s) of any witnesses, including a brief summary of their expected testimony; the witness statements, if any, shall be fi led together with the answer, unless the President of the Panel decides otherwise; • the name(s) of any experts, stating their area of expertise, whom he intends to call and state any other evidentiary measure which he requests. If the Respondent fails to submit its response by the given time limit, the Panel may nevertheless proceed with the arbitration and deliver an award. The Respondent may request that the time limit for the fi ling of the answer be fi xed after the payment by the Appellant of the advance of costs in accordance with Art. R64.2 of this Code. The Panel shall rule on its own jurisdiction. It shall rule on its jurisdiction irrespective of any legal action already pending before a State court or another arbitral tribunal relating to the same object between the same parties, unless substantive grounds require a suspension of the proceedings. When an objection to the CAS jurisdiction is raised, the CAS Court Offi ce or the Panel, if already constituted, shall invite the parties to fi le written submissions on the CAS jurisdiction. In general, the arbitral tribunal may rule on its jurisdiction either in a preliminary decision or in an award on the merits. R60 Request for Opinion The IOC, the IFs, the NOCs, WADA and the organizations recognized by the IOC and the OCOGs, may request an advisory opinion from the CAS about any legal issue with respect to the practice or development of sport or any activity related to sport. The request for an opinion shall be addressed to the CAS and accompanied by any document likely to assist the Panel entrusted with giving the opinion. R61 Initiation by the CAS When a request is fi led, the CAS President shall review whether it may be the subject of an opinion. In the affi rmative, he shall proceed with the formation of a Panel of one or three arbitrators from the CAS list and designate the President. He shall formulate, at Articles et commentaires / Articles and commentaries - 37
his own discretion, the questions submitted to the Panel and forward these questions to the Panel. R62 Opinion Before rendering its opinion, the Panel may request additional information. The opinion may be published with the consent of the party which requested it. It does not constitute a binding arbitral award. R64 In general R64.1 Upon fi ling of the request/statement of appeal, the Claimant/Appellant shall pay a Court Offi ce fee of Swiss francs 1000.—, without which the CAS shall not proceed. The CAS shall in any event keep this fee. The Panel shall take it into account when assessing the fi nal amount of costs. R64.2 (...) If an arbitration procedure shall be terminated before a Panel has been constituted, the Division President shall rule on costs in the termination order. However, he can order the payment of legal costs only upon request of a party and after all parties have been given the opportunity to fi le written submissions on costs. R65 Appeals against decisions issued by international federations in disciplinary matters [Disciplinary cases of an international nature ruled in appeal] R65.1 The present Article R65 is applicable to appeals against decisions which are exclusively of a disciplinary nature and which are rendered by an international federation or sports-body [or by a national federation or sports-body acting by delegation of powers of an international federation or sports-body]. R65.2 Subject to Articles R65.2, para. 2 and R65.4, the proceedings shall be free. The fees and costs of the arbitrators, calculated in accordance with the CAS fee scale, together with the costs of the CAS are borne by the CAS. Upon submission of the statement of appeal, the Appellant shall pay a Court Offi ce fee of Swiss francs 1000.— without which the CAS shall not proceed and the appeal shall be deemed withdrawn. The CAS shall in any event keep this fee. If an arbitration procedure shall be terminated before a Panel has been constituted, the Division President shall rule on costs in the termination order. However, he can order the payment of legal costs only upon request of a party and after all parties have been given the opportunity to fi le written submissions on costs. R66 Consultation Proceedings The costs of the consultation procedure shall be borne by the entity requesting the opinion. The CAS Court Offi ce may ask the applicant to advance the costs before the notifi cation of the advisory opinion. Articles et commentaires / Articles and commentaries - 38
Page 1 and 2: Bulletin TAS CAS Bulletin 1 / 2012
Page 3 and 4: Arbitration CAS 2011/O/2422 .......
Page 5 and 6: “ Sports law ”: implications fo
Page 7 and 8: and procedures of the CAS 10 . The
Page 9 and 10: 2. Considering the plenary power of
Page 11 and 12: over the emerging game of indoor so
Page 13 and 14: appeals arbitration proceedings, ab
Page 15 and 16: troubling because . . . United Stat
Page 17 and 18: La médiation : processus et applic
Page 19 and 20: Ainsi, la solution au confl it éma
Page 21 and 22: voir sa demande profonde comprise :
Page 23 and 24: pour les parties elles-mêmes. Cell
Page 25 and 26: divergent sur l’exécution (mer/m
Page 27 and 28: Ces deux grands courants font l’o
Page 29 and 30: peine de retomber rapidement dans u
Page 31 and 32: mémoires déposés par les parties
Page 33 and 34: d’un règlement d’obtenir un av
Page 35 and 36: • une brève description des moye
Page 37 and 38: R64.2 (…) R65 Appels contre des d
Page 39: written comments and shall give bri
Page 43 and 44: strong links between the two 1 . In
Page 45 and 46: According to Article 17.4 “If any
Page 47 and 48: Finally, in the absence of other de
Page 49 and 50: epresentative (Respondent) argued t
Page 51 and 52: Figure 2: Orders on language in CAS
Page 53 and 54: litiges pouvant être soumis à la
Page 55 and 56: au lien du litige en cause avec le
Page 57 and 58: Contrairement aux autres institutio
Page 59 and 60: coûts doivent être raisonnables 4
Page 61 and 62: Investigating magistrate no. 31 of
Page 63 and 64: 2. Proper Defendants Article 282 of
Page 65 and 66: interference by state courts) with
Page 67 and 68: against doping in sports. To achiev
Page 69 and 70: Arbitration CAS 2010/A/2091 Dennis
Page 71 and 72: had stated that his claim had been
Page 73 and 74: effectiveness and validity of that
Page 75 and 76: another players’ agent (…) oper
Page 77 and 78: Beitar FC. In the Appellant’s vie
Page 79 and 80: The referred letter, in its pertine
Page 81 and 82: 8. Condemn the Respondent to the pa
Page 83 and 84: It is clear for the Panel that the
Page 85 and 86: damage. There is wilful damage when
Page 87 and 88: in the determination of the compens
Page 89 and 90: Arbitration TAS 2010/A/2220 Corina
Page 91 and 92:
En date du 27 août 2010, l’Appel
Page 93 and 94:
2010, le droit de Greffe acquitté
Page 95 and 96:
Il relève en effet que leur versio
Page 97 and 98:
Arbitration C AS 2010/A/2275 Croati
Page 99 and 100:
of golf clubs in Croatia had withdr
Page 101 and 102:
(depending upon the translation) th
Page 103 and 104:
waiting until the eve of the AGM 20
Page 105 and 106:
provisional suspension and also to
Page 107 and 108:
that it did not have any particular
Page 109 and 110:
c) The resolution fi le dated Febru
Page 111 and 112:
2011, Art. 156 no. 11 ff) if the ev
Page 113 and 114:
Article 293 UCI ADR determines the
Page 115 and 116:
The Decision seems to be based on t
Page 117 and 118:
clenbuterol can only have entered t
Page 119 and 120:
- how the Prohibited Substance ente
Page 121 and 122:
entry into his system of the Prohib
Page 123 and 124:
which will be addressed in detail b
Page 125 and 126:
in those countries is rampant. Sinc
Page 127 and 128:
as high as 1 out of 100 slaughtered
Page 129 and 130:
athletes having tested positive to
Page 131 and 132:
illustrate that his blood values ar
Page 133 and 134:
specifi c gravity of 1.020. Without
Page 135 and 136:
values of subjects that did not und
Page 137 and 138:
urine tests performed the evenings
Page 139 and 140:
WADA that the calculations regardin
Page 141 and 142:
One of the reasons for that could b
Page 143 and 144:
ingested by him was contaminated wi
Page 145 and 146:
The Athlete refers the Panel to the
Page 147 and 148:
athlete but withdrawn once the time
Page 149 and 150:
The USOC argues that the IOC Regula
Page 151 and 152:
period of ineligibility (non-partic
Page 153 and 154:
Arbitrage TAS 2011/A/2433 Amadou Di
Page 155 and 156:
précisions sur les offres que le Q
Page 157 and 158:
estrictions, non, entre les comité
Page 159 and 160:
En date du 3 février 2011, la Comm
Page 161 and 162:
II 271; H.M. RIEMER, Berner Komment
Page 163 and 164:
onne foi et de respect de la procé
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son exploitation mais, comme observ
Page 167 and 168:
des droits de la personnalité. L
Page 169 and 170:
ne peut que prendre note de remarqu
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En l’espèce, celui qui cherchait
Page 173 and 174:
évidence le fait que leur “condu
Page 175 and 176:
toute activité liée au football
Page 177 and 178:
Extracts from the legal fi ndings A
Page 179 and 180:
Arbitration CAS 2011/O/2574 Union o
Page 181 and 182:
SFL Appeals Tribunal of 29 July 201
Page 183 and 184:
its position on OLA’s request for
Page 185 and 186:
- production par la fondation du co
Page 187 and 188:
(iii) To confi rm that OLA is not e
Page 189 and 190:
CCP. The substantive validity of th
Page 191 and 192:
2.2 Article R46 (1) of the CAS Code
Page 193 and 194:
constitutive of an abuse of a domin
Page 195 and 196:
Claimant to indicate its prayers fo
Page 197 and 198:
It results from the above that UEFA
Page 199 and 200:
The UEL 2011/2012 is an internation
Page 201 and 202:
The Panel considers that the sancti
Page 203 and 204:
- discriminate OLA pursuant to Arti
Page 205 and 206:
Appellant requested the matter be d
Page 207 and 208:
The Panel is satisfi ed that the Bu
Page 209 and 210:
E. Conclusion In summary, the Panel
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Appellant described as caffeine pil
Page 213 and 214:
apply the various regulations of FI
Page 215 and 216:
in doping matters is to be upheld w
Page 217 and 218:
* * 4A_404/2010 Judgment of 19 Apri
Page 219 and 220:
BGG; Jean-Maurice Frésard, in Comm
Page 221 and 222:
Art. 2.1 of the Statutes of Respond
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validity, namely with regard to its
Page 225 and 226:
that he is a Turkish citizen, who p
Page 227 and 228:
in the provisions of any other serv
Page 229 and 230:
Respondent had their domicile, seat
Page 231 and 232:
evidential submission took place ti
Page 233 and 234:
un contrôle antidopage ou à l’a
Page 235 and 236:
essortissant à la conception suiss
Page 237 and 238:
4A_428/2011 Arrêt du 13 février 2
Page 239 and 240:
interdiction d’exécuter les sanc
Page 241 and 242:
Il leur a cependant échappé que c
Page 243 and 244:
éférence (arrêt 4A_246/2011 du 7
Page 245 and 246:
l’AMA entendait tirer de la Conve
Page 247 and 248:
4A_652/2011 Arrêt du 7 mars 2012 I
Page 249:
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