200 / 522
The proceedings under the Rules are confidential and will not be
disclosed by the parties, arbitrators, or the CAS to any third parties.
Expedited Procedure
It is important to note that parties may wish to proceed with an
expedited procedure; the Division or the Panel can decide to expedite
the procedure upon confirming the same with the parties. Due to the
nature of the sport, the parties, in most cases, prefer to choose the expe-
dited procedure, and even state in their arbitration agreement that the
disputes will be resolved through an expedited procedure. The Rules
do not provide any guidance as to how the expedited procedure will be
conducted. The Division will first fix the stages of the procedure, and
if objected to by the parties, this decision will be left to the Panel. In
most cases, the expedited procedure is conducted with short deadlines,
and with a single round of written submissions. However, the nature of
the case may justify a different approach.
Award
The award shall be made by the majority of the Panel, and in the
absence of a majority, the decision will be made by the president of the
Panel, alone. The award shall be written, dated, signed and, unless oth-
erwise agreed to by the parties, and must state the reasons. The award
is subject to the scrutiny of the CAS as to its form. Dissenting opinions
are not recognized by the CAS and are not notified.
The award is final and binding upon the parties. However, under
Article R47, an appeal against a CAS award rendered by CAS where
it acts as a first instance tribunal, is regulated.
Awards will not be made public, unless agreed to by the parties or
decided by the Division.
Conclusion
The Rules regulate specific provisions to address sports related
disputes through the CAS where the parties execute a written arbitra-
tion agreement with a reference to the CAS. In terms of the CAS reg-
ulation, it is important to resolve sports-related matters in expedited
manners. Specific importance to the experience and expertise of the
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NEWSLETTER 2015