Issues of Using Evidence and the Process of Proof in the Court of Arbitration for Sport (CAS)

Abstract

Dispute resolution in the Court of Arbitration for Sport (hereinafter: “CAS”) has certain specificity that makes CAS different not only from other institutions for sports disputes resolution but also from commercial and investment arbitration. The following research paper brings light to such specific issues related to CAS as to presumption of innocence in the area of sport, using different standards of proof (“comfortable satisfaction”, “beyond reasonable doubts” and “balance of probabilities”), issue of using evidence obtained in an illegal way in match-fixing disputes. The authors also referred to the issues of certain arts of evidence that would be unusual for commercial arbitration, but which are commonly used in CAS, issues of not allowing new evidence in appeal proceedings, the issue of necessity to form lists of witnesses and experts at the earliest stages of the proceedings, issue of disclosure of evidence in CAS and possibility to use evidence obtained out of the given time limits. As for the methodology that the authors used, these widely spread in legal research methods include analysis of international legal sources, analysis norms of sports bodies, a decision of disciplinary bodies and CAS awards, making conclusions regarding certain issues and problems, defining the specificity of evidence and methods of proving in CAS. The conclusions proposed by the authors made help to form new approaches for implementation of a presumption of innocence principle in the area of sport and show an attitude of sports organizations and CAS towards certain remedies.