INTERNATIONAL OLYMPIC ACADEMY 7th JOINT - IOA

of the IAF Symposium on Sport & Law (Monte Carlo, 31.1-2.2.1991), p.43. The
rapidity of the procedure is called into doubt in one view based on the case law,
see John de Mestre & Co, (2000), “CAS - The Court of Arbitration for Sport”,
http://ausport.gov.au/fulltext/2000/law/jdmcas.pdf., p.8-9.
17 See Article 18 CAS Ad Hoc Rules.
18 The ICAS Board consists of the President, two vice presidents of ICAS and
the President of the Ordinary Arbitration Division and Appeals Arbitration
Division of CAS, Article S7 CAS Code.
19 See the advantages of this provision ruled on by the Federal Court of
Switzerland in its judgement of 27 th May 2003 (English translation),
http://www.tas-cas.org/en/juris/frmjur.htm, p. 12-13.
20 See Articles 2-5 and 12 CAS Ad Hoc Rules.
21 See Article 1 CAS Ad Hoc Rules.
22 This jurisdiction covers the largest number of cases, see M. Reeb (1997),
“Intervention by the Court of Arbitration for Sport”, in: Olympic Review,
December-January, No. 18, p.82, as well as the official CAS statistics:
http://www.tas-cas.org/en/stat/frmstat.htm, Table 2.
23 Moreover, the obligation to exhaust all internal remedies laid down by the
Code (Article 1 para.2 CAS Ad Hoc Rules) is not of particular concern as a pretrial
issue, given that it can be bypassed on grounds of urgency which would
render the arbitration ineffective, something not rare in a sporting event lasting
just 15 days.
24 This availability at the site of the Olympic Games is critical for all manner of
notices, which may even be made by fax or email, see Articles 9-10 CAS Ad
Hoc Rules.
25 See Article 14 CAS Ad Hoc Rules.
26 This clearly occurs to save time. In the CAS ordinary proceedings, the choice
of arbitrators by the parties is finalised by means of approval from the President
of the relevant division (Ordinary/Appeals Division) (see Article R40.3 CAS
Code) but his powers in a case do not extend beyond that point in time.
Initiatives on how the procedure is to be handled are taken by the President of
the Arbitration Panel (see Article R42 for example).
27 See Articles 4 (in relation to the Chairman) and 12 (in relation to the
arbitrators) CAS AD Hoc Rules.
28 See J.-P. Rochat (1997), “The CAS at the Olympic Games”, in: Olympic
Review, October-November, No. 17, p.77.
29 See Article 6 CAS Ad Hoc Rules.
30 See Article 7 CAS Ad Hoc Rules. At the Atlanta Olympic Games the site of
arbitration was determined by decision of the President of the CAS Ad Hoc
Division. See CAS Ad Hoc Division decisions (O.G. Atlanta), 96/001, 96/002,
96/005 in: M. Reeb ed. (1998), Recueil de sentences du TAS, op.cit., pp.378,
390, 398 respectively.
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