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distinction between these two divisions are provided in the Statutes,
Article S20. Pursuant to Article S20, the Ordinary Arbitration Division
is entitled to settle disputes submitted through ordinary procedure, and
the Appeals Arbitration Division is authorized to resolve decisions of
federations, associations or sports-related bodies on appeal. Pursuant
to Article R47 of the Rules, the CAS Court Office is responsible to
refer disputes to the competent division.
Ordinary Arbitration Division
In order for a dispute to be settled by the Ordinary Arbitration
Division, Article R27 of the Rules provides that the dispute should be
related to sports, and parties who wish to resolve disputes through the
CAS should come to an agreement in this regard. This agreement can
be achieved through an arbitration clause or a provision of a statute
with reference to the CAS.
Content of the Dispute
The leading qualification to submit a dispute to the CAS is that it
be a sports-related dispute. This condition is referred to in several
Articles of the Statute as S1, S3, and S12.
R27 of the Rules provides that “
such disputes may involve matters
of principles relating to sports, or pecuniary matters, or other interests
relating to the practice or the development of sports, and may include,
more generally, any activity or matter related to, or connected to,
sports.
” The CAS, in none of its decisions, recused itself by claiming
that the disputes are unrelated to sports
3
. The role or titles of the par-
ties, whether the party is a federation or sportsman, do not play a role
in determining whether the dispute is sports related.
Arbitration Agreement
The conditions for an arbitration agreement are subject to the law
of the seat of the arbitration. As previously stated, Article R28 of the
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3
Reeb Matthieu
, Le role du Tribunal Arbitral du Sport (TAS), in, Sports und Recht, Zürich,
Basel, Schulthess, 2004, p. 134; Sternheimer William/Le Lay Herve, Arbitrages ordinaires pou-
vant être soumis au Tribunal Arbitral du Sport, Bulletin, 2012/I, p. 49.