从案例角度论CAS裁决司法审查存在的问题-国际法专业论文.docxVIP

Abstract The Court of Arbitration for Sport is the most authoritative sport arbitration organization. With the reform and development of recent years, the arbitration mechanism of the CAS becomes more and more mature. In the field in arbitration for sport, the awards of the CAS have great authority and binding. However, the CAS is an arbitration institution essentially. Its awards are must also subject to the judicial review of national courts. According to the CAS provisions of the Constitution, the place of all of the CAS awards is the place of CAS, it means Lausanne, Switzerland. Therefore, the power of judicial review of the CAS awards is belongs to the Swiss Federal Tribunal. In the early time of judicial review practice, the CASs decisions were always supported by the Swiss Federal Tribunal. But in recent years, with the cases increasing, the Swiss Federal Tribunal is no longer inclined to maintain the authority of the CAS. So there were jurisprudences that CASs rulings were revoked by the Swiss Federal Tribunal. These cases give concrete expression to many problems that existed in the process of judicial review of the CASs rulings by the Swiss Federal Tribunal. In the case of A v. WADA, there were the disputes understanding of the provisions on specific rules and CAS jurisdiction. In the case of Spain football club v Portugal football club, there were procedural issues that respondent replied overtime, and there were substantive issues that the CAS’s ruling had been revoked without good reasons. the“res judicata” legal principle had not been applied appropriately. In the case of Canas v. Association of Tennis Professional, the Swiss Federal Tribunal improperly revoked CASs decision on the case. In the case of Meca-Medina v. Commission of the European Union, the Swiss Federal Tribunals jurisdiction had been violated, etc. To solve these problems, the author believes that we can study from two aspects to be improved: on institutional level, the principles of i