The principle of stare decisis and CAS awards

The Court of Arbitration for Sport (CAS) has now been established as the supreme court for sport-related disputes. Over the years CAS has witnessed a significant development of a body of jurisprudence and has created a wealth of case law and procedure. These unique elements for the practice and procedure of sports law have strengthened not only the argument that sports law deserves to be a separate legal discipline, but they have also created a need for recognition of the importance of protecting the rights of sport participants and other stakeholders before this supreme court for sport. Given the significance of CAS in the sports dispute resolution process, it is important for practitioners to identify a framework where clear guidance is given for practice and procedure before such a forum. Rules of evidence, rules on examination, as well as a system on decided cases and the force they may have on adjudicating panels, may all be elements that determine the effective and appropriate advice to a client. Consistency and clarity are both important elements in the practice of law, and given that clients tend to seek the use of professional advisers and experts for their matters before CAS, it is equally important that a system of judicial precedent (stare decisis) is applied and declared before CAS.