The Influence of Common Law Traditions on the Practice and Procedure Before the Court of Arbitration for Sport (CAS)

The importance of the Court of Arbitration for Sport in the resolution of sporting disputes has become synonymous with the continuous development of sports law as a separate legal discipline. The unique structure of this supreme Court for sport, along with its composition, have created an unparalleled framework for the practice of sports law and at the same time a need for a better understanding of such practice. The author discusses the particular and unique elements of practice and procedure before the Court of Arbitration for Sport and explains that such practice has several similarities with the traditions of common law systems. He critically assesses specific elements of practice such as the standard of proof, examination of witnesses, the use of presumptions and negative inferences, along with the use by CAS Panels of previous decisions and concludes that although there is no declared system of binding precedent, in practice, CAS Panels, silently, operate a form of such binding precedent. He calls for ICAS to declare a system of binding precedent before the CAS and suggests that such system will restore certainty, predictability, consistency and clarity.