Sports arbitration has long been regarded as a fast, specialised, and effective means of resolving disputes in an increasingly globalised sporting world. The Court of Arbitration for Sport (CAS) remains the cornerstone of this system, exercising jurisdiction over a broad spectrum of matters, from disciplinary sanctions and doping cases to commercial and contractual disputes.
Recent jurisprudence, however, has reignited debate about the limits and legitimacy of this model. In particular, the European Court of Human Rights’ judgment in Semenya v. Switzerland (Application no. 10934/21, 10 July 2025) and the Court of Justice of the European Union’s ruling in Royal Football Club Seraing and Others v. FIFA (Case C-600/23, 1 August 2025) raise fundamental questions about the balance between arbitral autonomy and mandatory public law principles.
To what extent should arbitration in sport be constrained by considerations of human rights, competition law, and public policy (ordre public)? Are existing mechanisms adequate to safeguard fairness and independence, or is reform required to maintain legitimacy and trust?
This session will examine whether the CAS model remains fit for purpose in light of these developments and will explore their broader implications for arbitration beyond sport, including commercial arbitration and other forms of private dispute resolution.