The FA of Malaysia (FAM) plans to take its case to the Court of Arbitration for Sport (CAS) after its appeal against Fifa’s sanctions failed over the doctored documentation fiasco involving seven ‘heritage’ players.
But what exactly is CAS? Think of it as the highest court for sports – a body created to handle disputes quickly and fairly, away from traditional national courts.
Based in Lausanne, Switzerland, it is an independent institution – not controlled by any single sports organisation. Established in 1984, CAS helps settle sports-related disagreements through arbitration or mediation, using rules tailored to the unique nature of sport.
The institution is overseen by the International Council of Arbitration for Sport (ICAS) and has nearly 300 arbitrators from 87 countries, all experts in both law and sport.
What does CAS do?
CAS primarily resolves legal conflicts in sports through arbitration. When it makes a decision, known as an arbitral award, that ruling is final and carries the same authority as a judgment from a regular court.
It also assists parties in finding amicable settlements through mediation.
For major events such as the Olympic or Commonwealth Games, CAS sets up temporary tribunals to handle urgent disputes that arise during the competitions.
What types of disputes go to CAS?
Any dispute directly or indirectly linked to sport can be submitted. These generally fall into two categories:
Commercial disputes: involving contracts and financial matters, such as disagreements over sponsorship deals.
Disciplinary disputes: typically arising from decisions by sports bodies, including appeals in doping cases or issues regarding athlete eligibility.
Who can use CAS?
CAS is open to virtually anyone or any entity involved in sport with the legal capacity to act, including:
- Athletes
- Clubs
- Sports federations (such as FAM)
- Event organisers
- Sponsors or broadcasters
How does a case get submitted?
CAS can only intervene if both parties agree to it in writing. This may be a one-time agreement or a clause already included in a contract or the statutes of a sports organisation (as is common with federations).
Proceedings are conducted in French or English, although other languages may be used under certain conditions.
