Review article
https://doi.org/10.31141/zrpfs.2020.57.136.399
Jurisdictional objections in the practice of the Court of Arbitration for Sport
Lovro Badžim
Karla Gea Marcan
Abstract
This paper deals with the various aspects of contracts by which the parties agree on jurisdiction of the Court of Arbitration for Sport to decide their legal matter, as well as with the various manifestations of arbitration agreements - as prescribed by law; in regards to the CAS legal reasoning and the Swiss federal courts decision on the validity of such contracts in few of its most relevant cases. The purpose of this paper is to highlight the problems that parties may face pro futuro by introducing subjective interpretative categories (by tribunals) as elements in a strictly formal legal act, and to offer certain alternatives to some procedural principles established through the case law of the Swiss Federal Court.
Keywords
CAS; jurisprudence; court; sport; sports law
Hrčak ID:
237905
URI
Publication date:
8.5.2020.
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