Introduction
Say a sports-related dispute arises between one party from Country A and another party from Country B. The contract that binds them states that a dispute arising from the contract shall be decided by an arbitral tribunal with its seat in Country C. Do any of these countries’ laws even apply in such a case?
The answer, as tends to be the case with many legal questions, is: it depends. This article will briefly define and discuss what are some of the practical considerations that go into the analysis of the applicable law in a sports arbitration proceeding, first with a general introduction into the sources of applicable law, followed by a more targeted discussion about some of the peculiarities that have arisen in the jurisprudence of the Court of Arbitration for Sport (CAS) regarding applicable law.
“Applicable law” here refers to the law applicable to the merits of the sports dispute, as opposed to...
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