Written by Samantha Guang
The amendments to the Code of Sports-related Arbitration (‘CAS Code’) came into force on 1 July 2025.
Several notable amendments are enshrined in the CAS Code and Schedule of Arbitration costs. The amendments to the General Provisions of the CAS Code are as follows:
- Rule 30 (Representation and Assistance): Facsimile numbers of parties would not need to be communicated to the CAS Court Office; and
- Rule 31 (Notifications and Communications): Modes of communication via facsimile is removed.
The amendments to the Special Provisions Applicable to the Ordinary Arbitration Procedure are:
- Rule 40.3 (Confirmation of the Arbitrators and Transfer of the File): Includes independent in-house clerk as an option to be appointed to assist the Panel;
- Rule 44.4 (Expedited Procedure): The time limits and procedural calendar agreed by the parties are binding for CAS provided that they have been validated first by the Division President or the Panel; and
- Rule 46 (Award): The key amendment to Rule 46 includes the emphasis that the Panel shall ensure that the procedure is handled quickly and efficiently. The amendment also removes facsimile as a form of notification of the Award from CAS.
The amendments to the Special Provisions Applicable to the Appeal Arbitration Procedure are:
- Rule 50 (Number of Arbitrators): An appeal is generally heard by a panel of three arbitrators. However, if both parties agree, the matter may be decided by a sole arbitrator. In the absence of an agreement on the number of arbitrators, the President of the Division can decide to appoint a sole arbitration in taking into account the circumstances of the case, such as:
- the value in dispute; and
- whether or not the Respondent pays its share of the advance of costs within the time limit fixed by the CAS Court office;
- Rule 54 (Appointment of the Sole Arbitrator or of the President and Confirmation of the Arbitrators by CAS): Includes independent in-house clerk as an option to be appointed to assist the Panel; and
- For Rule 59 (Award) the amendments include:
- Removes facsimile as a form of notification of the Award from CAS;
- Emphasis that the procedure is handled quickly and efficiently; and
- Removes the time period of having to communicate the operative part of the Award to parties within three (3) months after the transfer of the file to the Panel. Instead, it amended to the operative part of the award shall be communicated to the parties within a maximum of four (4) months after the closing of the evidentiary proceedings by the Panel.
Furthermore, another key amendment pertaining to Costs of the Arbitration Proceedings can be seen in Rule 64.4 with the inclusion of:
- In-house clerks as one of the costs to determine the final amount of the cost of arbitration; and
- Travel and accommodation costs of CAS counsels.
The notable amendment for the Schedule of Arbitration costs in terms of arbitrator’s costs and fees is that:
- A lump sum of CHF 6,000 is determined for in-house clerks who help panels draft the Award at the end of each procedure;
- Depending on the specifics of the case, the Director General may raise or lower this sum by a maximum of CHF 2,000; and
- A contribution to travel and accommodation costs incurred by CAS counsels in relation to hearings held outside the CAS Lausanne office is included in the arbitration costs as CAS expenses, provided that the parties have been informed accordingly prior to the hearing.
Conclusion
To conclude, the amendments to the CAS Code and Schedule of Arbitration Costs which came into force on 1 July 2025, show a wavering commitment to expediting its procedures, thus enhancing efficiency and ensuring much clarity in the arbitral process. The formal inclusion of in-house clerks, removal of outdated communication methods, and the updated cost structure underscore a remarkable shift towards a more swift and cost-effective mode of dispute resolution in international sports arbitration.
Published on 17 July 2025