On the occasion of its last meeting, the International Council of Arbitration for Sport (ICAS), the governing body of the Court of Arbitration for Sport (CAS), reviewed the English version of the Code of Sports-related Arbitration and amended some provisions of the same Code.
The most important changes are the following:
- In general: the word “impartiality” has been added in all provisions where the independence of the CAS and its members is concerned.
- S14: this provision has been amended in anticipation of the possible future creation of separate lists of arbitrators specialised in certain areas.
- R31: this provision has been changed in order to allow the filing of procedural documents by electronic means.
- R37: with this new provision, it will be possible for a party to request interim measures from CAS immediately after the notification of a final decision by a sports federation but before the filing of a formal appeal at the CAS.
- R40.1 and R50: these rules have been changed in order to give more latitude to the Division Presidents to appoint sole arbitrators in case of disagreement between the parties.
- R46: as in the appeal arbitration procedure, it will be possible to issue the operative part of the award before the grounds in the ordinary arbitration procedure.
- R49: the Division Presidents may refuse to initiate an appeals procedure when the appeal has been clearly filed late.
- R57: CAS Panels may exclude evidence which could have been produced before the first instance tribunal.
- R63: a time-limit of 45 days has been set to request the interpretation of an award.
- R65.4: the appeals against decisions of a disciplinary nature rendered by international sport bodies will remain free of charge; however, this rule has been amended to allow the President of the Appeals Division to impose the payment of the arbitration costs on the parties if the dispute has a predominant economic nature or the federation which has issued the decision challenged is not a signatory of the Agreement constituting the ICAS.
These changes are published on the CAS website in the section "Arbitration / Code" and will enter into force on 1 March 2013.