Different Approaches to the Application of Art. R57 par. 3 CAS Code (Special Report FL #17 "CAS Arbitration")

Article R57 par. 3 CAS Code provides the arbitrators with a wide margin of discretion to exclude evidence if it was available or could reasonably have been discovered by the parties before the jurisdictional instances of FIFA or its confederations. This article critically assesses the extremely restrained jurisprudence of the CAS in this context.
 

Due to the de novo approach of the Court of Arbitration for Sport (CAS) established in Article R57 par. 1 CAS Code, CAS panels hear all arguments of the case anew and are therefore not limited to the facts and legal arguments presented by the parties before the jurisdictional instances of the football federations. This inevitably leads to the assumption that any evidence can be submitted before CAS, regardless of whether it could have already been presented before the internal football bodies. However, according to Article R57 par. 3 CAS Code, the “Panel has discretion to exclude evidence presented by the parties if it was available to them or could reasonably have been discovered by them before the challenged decision was rendered.

 

The purpose of Art. R57 par. 3 CAS...

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