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Football-legal
31
Dec
2015
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Agustín AMOROS MARTÍNEZ
Santiago SANTORCUATO CAFFA
CAS
Article
International
Football Legal # 4

Enforcement of CAS awards: A general review of the available options and its particularities


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Preamble 

The Court of Arbitration for Sport (CAS) has its seat in Lausanne, Switzerland, and is governed by the Swiss Act on Private International Law (LDIP) and, in particular, by Chapter 12, which regulates international arbitration.

Perhaps one of the most important advantages that sports arbitration has over classic commercial arbitration is the facility of enforcement of sports arbitration awards.

Although the option of enforcing a sports arbitration award pursuant to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is always available to parties, it is in practice almost never necessary to pursue this course of action, as sports governing bodies have sufficient internal authority and enforcement mechanisms to impose the awards against their members. In this respect it is interesting to note that the Swiss Supreme Court has explicitly upheld such “private enforcement...

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Topics
  • CAS
Keywords
  • Court of Arbitration for Sport (CAS)
  • FIFA proceedings
  • Swiss Law
  • Enforcement of decisions/awards
Authored by
Agustín AMOROS MARTÍNEZ
About Agustín AMOROS MARTÍNEZ
Santiago SANTORCUATO CAFFA
About Santiago SANTORCUATO CAFFA
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