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Arbitrators
The independence and qualifications of arbitrators are regulated
under R33 of the Rules. The crucial point to be considered while
appointing an arbitrator is the list drawn up by the ICAS. The parties
can only decide amongst the arbitrators who are qualified to serve as
arbitrators, and who are included in the list. With the amendment made
in 2012 to the Rules, the parties are now obliged to use free will to
appoint arbitrators from the abovementioned list in accordance with
Article R40.2 of the Rules. There are pro and con views regarding this
closed list regulation. Pro-view scholars claim that this list strengthens
confidence that the parties will have regarding the expertise of the arbi-
trator in sports and in the CAS’s jurisprudence. To the contrary, some
scholars are of the view that these parties are capable to choose an arbi-
trator who has expertise and knowledge in the related sports field and
with the CAS, without the need of a closed list
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.
The arbitrators may be challenged, and if not so challenged, con-
firmed by the Division. Once the Panel is formed, the file will be trans-
ferred to the arbitrators.
Request of Arbitration and Answer
In order to conduct an arbitration, the claimant is obliged to pre-
pare a request of arbitration regulated under Article R38 of the Rules.
This request is submitted to the CAS Court Office, and in general
terms, contain; information regarding the respondents, a brief explana-
tion of the facts and claims, request for relief, the arbitration agree-
ment, information on arbitrators, including the determination of the
arbitration, whether a sole arbitrator is to be appointed, or whether a
tribunal of three arbitrators is preferred. In the request, the claimant
mostly includes matters related to the competence of the CAS; detailed
information regarding the dispute is not necessarily included.
Following the request, the CAS Court Office will obtain from the
parties their views on the applicable law, and will set a time limit with-
in which the respondent is to submit its answer. The answer that is to
be submitted by the respondent is regulated under R39 of the Rules,
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NEWSLETTER 2015
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Kocasakal Özdemir Hatice
, Sportif Uyuşmazlıkların TahkimYoluyla Çözümü ve Spor Tahkim
Mahkemesi, İstanbul, 2013, p. 248 ff.