Inside CAS: The Court That's Ruling Football's Biggest Disputes
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Inside CAS: The Court That's Ruling Football's Biggest Disputes

Inside CAS: The Court That's Ruling Football's Biggest Disputes

On the pitch, Rivalries, Grudges and disputes are decided in 90 minutes of football. Off the pitch, things become much more complicated.

When the fiercest battles of transfers, ownership and bans arise there is one ultimate referee that decides the outcome: The Court of Arbitration for Sport.

Born in Switzerland in 1984, CAS has been football's neutral tribunal since its birth. It handles nearly 1,000 cases every single year across all sports. For football, it sits as the go to when a club or player wants to overturn the decision made by a domestic body.

This summer CAS has been busy, namely with the notorious case of Crystal Palace and Nottingham Forest which has just come to its close.

But what is the process CAS actually follows? Does it always come to the right decision? And what does Crystal Palace's fate tell us going forward?


How CAS Works- Step By Step

CAS tends to be less formal than a traditional court, but it still follows a clear legal procedure.


Filing The Appeal

A club or player is required to file their appeal within a specific time period which correlates to the body that informed the initial decision. For example, if UEFA provided the ruling the appeal must be within 10 days, whereas FIFA gives 21 days to appeal.

The statement of appeal must include certain information such as: The decision being challenged, the parties involved, and any provisional measures requested- such as the suspension of a ban while the case is ongoing.


Choosing The Arbitrators

CAS has around 300 arbitrators around the world who are experts in the field of sports law.

In a case, each side chooses one arbitrator to represent them, a presiding arbitrator is also appointed and agreed upon by the two sides- if an agreement isn't reached, CAS will appoint one themselves.


Written Proceedings

There must be a statement of facts where the appellant lays out the background of the case and gives their version of events.

Legal arguments must also be presented with references to UEFA/FIFA statutes and CAS precedents.

Just like more formal legal cases the presentation of evidence is crucial- Documents, contracts, emails, witness statements, and expert reports all must be given if applicable.

The defending body then must present their answer, providing challenging facts, interpretation of rules and inadmissibility of evidence if applicable.


The Hearing

The hearings are typically held in Lausanne, Switzerland where CAS is based but virtual hearing have become more prominent post-Covid.

Opening statements come first before the examination and cross-examination of the evidence takes place.

Testimony from experts comes next before the closing arguments are heard.


Deliberations

The arbitrators then meet privately usually in the immediate aftermath of the event. The decisions on the outcome of the case are made via a majority vote.

The rules of the governing bodies are adhered to first before swiss law is applied as a legal framework.


The awarding of the Case

The award will usually be delivered in writing after around 4-12 weeks.

The award contains the findings of fact, the legal reasoning, and the operative decision.

CAS can decide to uphold the original decision, overturn it entirely, or modify it- for example they cold reduce a ban.


Post-Award Options

Although CAS decisions are binding and final, they can be challenged in the Swiss Federal Tribunal under specific claims:

  • Violation of due process
  • Lack of jurisdiction
  • Arbitrator Bias

The Crystal Palace Case

Perhaps the most controversial case CAS has had to deal with is that of Crystal Palace this summer.

After Palace won the FA Cup and qualified for the Europa League, UEFA rules banned them from competing in the competition due to their rules around ownership.

UEFA's rules bar two linked club from playing in the same European competition, a rule which was initially enforced against Crystal Palace due to John Textor having shares in both Olympique Lyonnais and the London club simultaneously.

Crystal Palace's appeal stated that, in fact, Textor had sold the relevant amount of shares to no longer be in a position to violate the rules.

They also accused UEFA of unequal treatment, pointing to clubs such as Nottingham Forest, whose owner Evangelos Marinakis also has shares in Olympiakos.

However, the evidence presented by Palace didn't sway CAS to overturn the decision. Instead, they ruled that Textor still had decisive influence over both clubs on the date the shares needed to be sold by.

The decision meant that Palace were demoted to the Conference League, and Nottingham Forest took Palace's spot in the Europa League.

It is worth noting that although the footballing world has shared the sentiment of Crystal Palace that the decision to expel them from the Europa League is unfair, especially given some of the other clubs who have faced no consequence for similar scenarios, CAS is not necessarily at fault.

The decision by CAS is purely based on the evidence they are given, and due to UEFA's initial decision being to suspend Palace, there was a need to provide enough evidence to show clear error in UEFA's decision- in a similar way to a VAR only overturning clear and obvious errors.

Palace have since claimed that the CAS made it almost impossible to have an entirely fair hearing stating:

CAS responded to Crystal Palace's statement by stating that 'no objections were raised during the proceedings by either party' and reiterated that their rules are in place to ensure fairness.

Even with their rebuttal to Palace's complaints, it has brought the integrity of the CAS into question and has highlighted some systemic issues within their process.

There have been calls for the CAS to revise their regulations to make it more transparent with potential conflict of interest with arbitrators and limited paths of appeal which undermines legal certainty.


Why CAS is Important

With CAS being entirely independent from other governing bodies such as UEFA or FIFA, it is essential for providing a middle ground and neutral venue for hashing out these high-stakes disputes.

CAS provides a vital external check of the processes enforced within these governing bodies giving clubs and players an extra voice an opinion on matters which could have serious impacts on the future sustainability.

One of the most famous examples of CAS overturning a decision is the case of Manchester City in 2020.

After UEFA enforced a two year Champions League ban on the club due to the violation of financial fair play laws, CAS handled Man City's appeal and found that UEFA's time limits had expired and overturned the ban.

CAS also works exceptionally fast. Traditional legal proceedings can take as long as years, whereas footballing disputes can be resolved a lot quicker- even within a matter of days for extremely urgent cases.

Without its ruling, the sporting and footballing world would be heavily unregulated and each sportsperson/organisation would be at the mercy of the big organisations to decide their fate.

When stakes are as high as a Champions League spot providing crucial revenue, a multi-million pound transfer which could shape the club for years to come, or a ban which could define an entire season- CAS is football's final word, and sometimes its last lifeline.


How Can It Be Better?

CAS can always be improved and due to the ever-changing landscape of sport regulations and process need to be regularly updated.

The implementation of procedures such as public hearings, independent oversight panels and standardised evidentiary rules which don't alter on a case-by-case basis would all further allow decision making to be based on sporting merit over bureaucracy.

The CAS will continue to be the go to body for fair sporting trial and appeal.

But one thing the Crystal Palace case has made clear is that more needs to be done to ensure every club and player, no matter the reputation, size, or stature within the game, are given a fair shot at success against the big corporations in future defining trials.

Benji Kosartiyer
Journalist

Matty Connelly

Content Writer

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