Return to Uzone News Portal
Uzone.id – Recently there has been news regarding the Indonesian team being asked to withdraw from the badminton championship All England 2021 is very much discussed in various national and international news.
This started with the British Government, represented by the British Health Services Agency (NHS), stating that the Indonesian Team had to self-isolate in a hotel because a passenger on the same flight was infected with the c virus.ovid-19.
In the aftermath of this problem, Raja Sapta Oktohari (President of National Olympic Indonesia/ NOC) will submit a letter of protest and take legal action to the Sports Arbitration Court regarding the Indonesian team being forced to withdraw from All England 2021.
Many of us don’t know about International Sports Arbitration (CAS) and things related to this institution. Therefore, the author will briefly examine this institution, let’s look at the explanation below!
What is International Sports Arbitration (CAS)?
In a formal context, people usually resolve their disputes through court mechanisms or outside the court such as arbitration. This mechanism is used as an alternative dispute resolution. Disputes often arise when one party wants the other party to do or not do something but refuses to do so.
From the problems above, experts have issued many innovations to express various models of dispute resolution (dispute resolution). Various dispute resolution models, both formal and informal, can be used as a reference to resolve disputes that may arise as long as they bring justice and benefit. One institution that is an alternative for resolving a dispute is CAS.
International Sports Arbitration (CAS) is a form of institutional arbitration. CAS was formed to facilitate the resolution of sports business disputes which include: clubs, athletes, broadcasting institutions, and all matters relating to all activities related to sports.
The idea of establishing an international arbitration institution is to protect all activities and resolve international disputes that are more or less related to the sports sector.
This is in line with Starke’s opinion which states that international disputes besides include disputes between countries that are within the scope of global regulations.
There are also certain categories of disputes between states on the one hand and individuals, corporate bodies, and non-state bodies on the other.
The existence of the International Sports Arbitration Institute (CAS)
CAS was founded in 1984, as an arm of the IOC (International Olympic Committee). CAS is placed under the administrative and financial authority of the International Council of Arbitration for Sport (IACS). With its seat in Lausanne, Switzerland. Apart from that, CAS also has offices in New York, USA, and Sydney, Australia.
CAS has developed into a respected authority in the resolution of disputes relating to various sports and issues a wide range of jurisprudence in resolving these disputes.
Unlike conventional civil courts, CAS acquires its jurisdiction in a particular case only through mutual agreement of the parties involved. This procedure, known as arbitration, is designed to be binding on all parties.
In carrying out its duties, CAS can create new norms based on combining various regulations that are by basic legal principles. These norms will then be applied to the entire sports community, including international sports groups.
Appeal Procedure Through International Sports Arbitration (CAS)
CAS has its own Procedural Rules, the latest rules are effective from January 1, 2017. These rules regulate this institution as an independent institution and regulate almost all practical aspects of the arbitration process.
CAS has similarities with the rules of other arbitration institutions. One of the characteristics of this institution in the case appeal process is that the provisions contained in R-47 of the CAS Rules of Procedure state:
“An appeal against a decision of a federation, association or sports-related body may be filed with CAS if the law or regulations of such body provide or if the parties have concluded a specific arbitration agreement and if the Complainant has exhausted the legal remedies available to him before the appeal., by the agency’s statutes or regulations”.
An appeal may be lodged with CAS against a decision rendered by CAS acting as a court of first instance if such an appeal has been expressly provided for by the rules of the federation or sporting body concerned.
So, that’s an explanation regarding Getting to Know International Sports Arbitration (CAS).
