Ways to Appeal to CAS

1. Introduction

The Court of Arbitration for Sport (CAS) , the most important international authority in resolving sports disputes , is an independent arbitration body located in Lausanne, Switzerland. CAS is particularly recognized as the appeals body against decisions of sports federations such as FIFA, UEFA, and the IOC , and forms a cornerstone of the special law system known as "Lex Sportiva" in sports law

In order to file an application with CAS, an arbitration agreement or arbitration clause must first exist. The validity of this agreement, the establishment of CAS's jurisdiction, and the parties' right to object are the initial "thresholds" that determine the admissibility of the application.

This article will examine the avenues for applying to CAS, the form and validity of arbitration agreements, objections to jurisdiction, and preconditions for application the CAS Code (2023 Edition) and of the Swiss Federal Court (SFT) .

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2. The Basic Legal Basis for Applying to CAS

2.1. CAS Code m. R27-R32

"CAS can examine any sports-related dispute if the parties agree to submit it to CAS arbitration."

This provision emphasizes that the CAS's jurisdiction is discretionary . The CAS can only examine a dispute to the extent that it has been explicitly or implicitly authorized by the parties.

2.2. The Context of Swiss Law

CAS decisions are subject to the supervision of the Swiss Federal Court.
Therefore, CAS arbitration of the Swiss Code of Private International Law (PILA) .

Article 176 of the PILA: “Arbitration is international if at least one party is located outside Switzerland.”

In this context, CAS arbitration is considered an international private law arbitration

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3. Types and Validity of Arbitration Agreements

3.1. Arbitration Clause

Arbitration clauses are usually added in advance to the sports federation's statutes, player contracts, or licensing agreements.
For example, the FIFA Disciplinary Regulations contain the following provision:

"Appeals against FIFA decisions can only be made to the CAS."

These types of clauses are considered "institutional arbitration clauses" and directly give rise to CAS jurisdiction.

3.2. Submission Agreement (Arbitration Agreement)

The parties may also jointly decide to apply to CAS after a dispute arises.
In this case, the arbitration agreement is drawn up as a separate contract.

CAS 2005/O/987 – Club X v. Player Y:

"A written application submitted after a dispute constitutes a valid submission agreement."

3.3. Formal Requirements

According to CAS Code article R27, it is sufficient for an arbitration agreement in written or electronic form.
A signature, email confirmation, or registered confirmation in the federation's system is sufficient for validity.

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4. CAS Authority: “Prima Facie Jurisdiction” Review

The Court of Arbitration for Sport (CAS) first prima facie (at first glance) .
This examination answers the following questions:

1. Is there a valid arbitration agreement between the parties?

2. Is the dispute "sports-related"?

3. Was the application submitted within the timeframe stipulated by the CAS Code?

If these three thresholds are exceeded, CAS registers the case on its merits.

CAS 2018/A/5910 – Club v. Player:

“If the arbitration clause is included in the FIFA regulations, the party does not need to give separate consent; the right is acquired directly.”

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5. Jurisdiction Challenge

5.1. CAS Code m. R39

One of the parties may reject the jurisdiction of CAS.
In this case, an objection called a "preliminary objection" is made, and CAS first decides on the jurisdiction.

Stages of the trial:

• The CAS Secretariat receives the application.

• If there is an objection to jurisdiction, a decision on that will be made first.

• If jurisdiction is denied, the case is dismissed; if it is granted, it proceeds to the merits stage.

CAS 2017/A/5124 – Club v. Federation:

"CAS's jurisdiction is subject to the interpretation of the arbitration clause; where there is ambiguity, interpretation shall be in favor of the party's intention."

5.2. Timing of Appeals

The objection to jurisdiction together with the initial defense statement .
Otherwise, the party will be deemed to have "implicitly accepted jurisdiction".

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6. Ways to Apply to CAS

There are two main avenues of arbitration at CAS:

1. Appeals Arbitration Division

2. Ordinary Arbitration Division

The distinction between these two paths is crucial for the acceptance of the application.

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7. Time Limit and Admissibility of Application

7.1. 21-Day Appeal Period

CAS Code R49: “Appeals arbitration must be filed within 21 days of notification of the decision.”

This time limit is a forfeiture period.
Late applications are rejected by CAS as "inadmissible".

CAS 2021/A/7541 – Athlete v. WADA:

"The 21-day period begins from the date of email notification; the party's failure to read the email on time is not a valid excuse."

7.2. Suspension of Time Limit

CAS can only suspend the deadline in exceptional circumstances (e.g., incorrect notification, technical error, force majeure).

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8. Application Form and Initial Steps

The Statement of Appeal is submitted electronically to the CAS Secretariat.
According to CAS Code R48, the following elements must be included in the appeal:

1. The identities of the parties,

2. The reason for appealing the decision is..

3. A summary of the demands is:

4. A copy of the arbitration agreement

5. CAS entry fee (CHF 1,000).

Applications with missing parts the 5-day submission period .

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9. Jurisdiction Review of the Swiss Federal Court

The only avenue of appeal against CAS decisions is the Swiss Federal Court (SFT) . However, the SFT can only overturn the decision for the following five limited reasons (PILA art. 190):

1. The invalidity of the arbitration agreement

2. Lack of authority or procedural irregularity,

3. Violation of neutrality,

4. Serious violation of procedural rules,

5. Violation of public order.

SFT 4A_416/2019 – FC X v. Player Y:

"If CAS has made a decision on a matter that exceeds the will of the party, the decision is annulled due to lack of jurisdiction."

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10. Recognition of CAS Jurisdiction in Turkish Law

In Turkish law, the enforcement of CAS awards falls under Articles 60-63 of the Code of Private International Law and Procedural Law (MÖHUK) . The Supreme Court of Turkey recognizes CAS awards as having the nature of foreign arbitration awards

Supreme Court 15th Civil Chamber, Case No. 2018/2234, Decision No. 2019/2571:

"CAS decisions are international arbitration decisions based in Switzerland; they are enforceable under Article 60 of the Turkish Private International Law Act."

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11. Problems Encountered in Practice

• The CAS clause is missing or unclear in the federation's statutes,

• Failure to file an objection to jurisdiction within the prescribed time limit,

• Missing the 21-day application deadline,

• Underpayment of CAS fee,

• Ignoring the new version of the CAS Code.

These errors lead to applications being deemed "inadmissible".

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12. Conclusion and Evaluation

Applications to CAS, unlike classical judicial systems, are an arbitration mechanism focused on expertise and speed . However, for this system to be used effectively, three fundamental principles must be applied correctly:

1. A valid arbitration agreement (Arbitration Clause or Submission Agreement) must be in place.

2. The objection to jurisdiction must be made within the prescribed time limit.

3. Application deadlines and fee regulations must be fully met.

The CAS system, by strengthening the concept of "Lex Sportiva" (non-violent sportsmanship) day by day, increases predictability in sports law.