1. Unfortunately, the only interesting bits are in the financial statements at the end of the document. Even though they are not going into great details, they are providing interesting information about the economic management of the CAS.
2. Here is how the CAS is financed: 50% contributions from Olympic Movement & FIFA + 50% contributions of the parties to the proceedings (I imagine mostly from transfer related disputes & ordinary arbitration as appeals in disciplinary cases are free).
3. We also know (roughly) where CAS’s money is flowing:
- 50% to Arbitrators
- 40% to CAS personnel (sounds like a lot for a small institution would love to have more details)
- (Only) 20 000 are provisioned for ‘free arbitration procedures’
4. The #CAS seems to be a pretty healthy institution financially speaking with reserves amounting to a total of CHF 21M.
Note that there is a reserve for legal aid (with CHF 315 126 spent in 2020), not sure why it doesn’t show in the expenses (but I’m no accountant).
5. This is an important step for the #CAS. From now on we can have better informed discussions about how the CAS is financed and how it is spending its money (as well as compare it with other international judicial institutions).
6. It’s also a welcome acknowledgment that even if #ICAS does not have to disclose information under Swiss law, as a global court before which athletes are forced to appeal the #SGB’s decisions (#Pechstein) #CAS has to be transparent about its governance.
7. So, kudos to #CAS for listening to its critics, but there is still a lot to do before going truly public. For some suggestions on #CAS transparency, check out my piece at papers.ssrn.com/sol3/papers.cf…
It’s not the first time I’m coming out publicly to challenge the status quo at the CAS (see dailymail.co.uk/sport/sportsne…) and I’d like to explain a bit why.
1. #CAS is a crucial player in sports governance, it whitewashes legally speaking the decisions of international SGBs. Once a CAS award confirmed a decision of an SGB, the latter gains in authority and becomes extremely difficult to challenge elsewhere (see #Pechstein odyssey).
2. #CAS is not an arbitral tribunal, I repeat #CAS is not an arbitral tribunal! As I have argued elsewhere (nomos-elibrary.de/10.5771/978374…), CAS jurisdiction in appeal cases cannot be grounded on consent, it needs post-consensual foundations (such as the famous ‘level playing field’).
So much twitter ink has already been spilled on #SuperLeague but let me add my bit.
We are now entering a « drôle de guerre » phase, with both sides digging their trenches and waiting for the actual legal attack.
Meanwhile, here are some of the questions I wonder about [Thread]
1. Has the football pyramid (FIFA, UEFA & co) the power to stop this? If football is only about money for players and clubs of the #Superleague, probably not. If it’s also about people, history, culture, maybe.
2. Will EU law allow the football pyramid to deploy its power? I think it will, this is NOT an ISU situation. The UEFA calendar is at play, solidarity is at play. Players/clubs do not risk their economic livelihood over bans from national leagues/national teams. Big ≠!
1. This is the beginning of a (potentially decade long) judicial journey, not the end. Yet, the #CAS will decide (this summer?) the fate of #ManCity in the short term (e.g. for the 2020/2021 season).
2. The #CAS is unlikely to find that #FFP is contrary to EU law after its #Galatasaray decision, but it could find that the sanction is disproportionate/unfair if #ManCity’s lawyers manage to show that #PSG was in a similar situation and got away with it.
1. The #SFT reminds us that its control of #CAS awards is narrow. Hence, it orders interim measures only if it is ‘very likely’ that an appellant will prevail.
This is because Swiss law is traditionally favourable to international arbitration.
2. This is extremely problematic because #CAS arbitration unlike international arbitration is in general not based in consent (see ECtHR in #Pechstein) and should not enjoy the same quasi-immunity from state control.
1. In short, what is interesting in the award is actually also what the #CAS forgot to mentioned in its press release, the core of #IAAF’s winning case turns on the concepts of ‘biological males’ & ‘sports sex’.
2. But let me start by regretting that the #CAS hearing was not public because @caster800m’s testimony (see paras 73-87) recalling what she went through since 2009 would have deserved a global audience.