Re: Amendments to the Code and other important news
Dear Members of CAS, dear Colleagues,
On the occasion of its last meeting on 28 May 2025, the International Council of Arbitration for Sport (ICAS) has adopted a few amendments to the Code of Sports-related Arbitration and to the schedule of costs (https://www.tas-cas.org/fileadmin/user_upload/CAS_Code_2025_EN__amendments_.pdf et https://www.tas-cas.org/fileadmin/user_upload/Schedule_of_costs_2025_EN__amendments_.pdf). The
Guidelines on Legal Aid have also been slightly amended.
These new rules will enter into force on 1 July 2025.
In summary:
- The communications by facsimile are no longer considered
- The role of CAS in-house clerks is officially codified with costs fixed (not applicable to procedures which are free of charge)
- The rules for expedited procedures in ordinary cases have been clarified
- Article R59 has been clarified and the maximum 4-month time limit to render awards has been confirmed; the general 3-month time limit, which could be extended indefinitely, between the constitution of the Panel and the notification of the award, has been abolished and replaced by a general duty for the Panel to conduct the procedure within a reasonable time frame (also applicable to ordinary procedures).
With respect to the duration of procedures, I wish to inform you that internal measures have been already taken earlier this year with the recruitment of additional staff, better monitoring of pending cases and faster proof-reading of draft awards. The expanded use of in-house clerks will also contribute to speeding up the drafting process. A new practice will be implemented from 1 July 2025 onwards: parties will be informed of the transmission of final draft awards by the Panel to the CAS Court Office.
The objective is to avoid any extension of the 4-month time limit (R59), except in very extraordinary circumstances. Another objective will be to be stricter with extensions of time requested by parties during the procedure and to ensure that hearings take place shortly after the filing of the Answer, especially now that a majority of hearings take place remotely.
The ICAS has also decided to publish the following information for the non-confidential CAS appeals procedures registered during the last 3 years and terminated: case number, registration date, parties’ names, arbitrators’ names and clerks’ names. The objective here is to show in full transparency, which party appoints
which arbitrator(s). The ICAS wants to better monitor the possible repeated nominations of arbitrators by the same parties.
A new effort will also be made with respect to training and information dedicated to CAS members (CAS practice, recent jurisprudence, current legal issues, etc…). In addition to the existing CAS seminars and workshops, the CAS, through its new Manager for training and education Mr. William Sternheimer, will organize regular workshops/webinars for current CAS arbitrators/mediators. Four workshops will be organized every year (one every quarter) with the possibility to attend in person or live via internet. Further information will be provided by Mr Sternheimer directly.
The ICAS has recommended that CAS Members participate in at least one workshop/seminar/webinar every 2 years. Failure to do so may be negatively considered by the ICAS at the time of reappointment on the lists of CAS arbitrators/mediators. On the other hand, a more active participation would constitute an asset by the Division Presidents / ICAS Board when appointing sole arbitrators or Panel Presidents, and/or arbitrators for future CAS ad hoc Divisions. The new workshops will be launched as of September 2025. No further CAS public seminars will take place in 2025. The traditional joint seminar CAS / Swiss Bar Association will take place in September 2026.
Finally, I am pleased to inform you that the second edition of the Commentary “The Code of the Court of Arbitration for Sport” should be available in July (https://law-store.wolterskluwer.com/s/product/the-code-of-the-court-of-arbitration-for-sport-2e/01tPg00000BQkqdIAD?srsltid=AfmBOoo86n75xy_h9SbASuR_PSMWPiqgvpI6JneesI5GMY-tWzVJBjSr). If you wish to receive one complimentary copy of this heavy book, please inform us in writing on or before 30 June 2025 and we will register your name. The books will be first distributed at the CAS office to the CAS members visiting us in the next months. Then, if not picked up, the books are likely to be shipped.
Do not hesitate to contact me in case of any questions.
Best regards,
Matthieu REEB