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Spring 2022
LAW266  A  INTERNATIONAL SPORTS ARBITRATION

Course Description
This course seeks to explore the emergence of a universal legal system to match the world-encompassing organization of elite professional sports. It will begin with a careful analysis of decisions of the Court of Arbitration for Sport (Lausanne); and then go back to trace the genesis of this powerful "consensual" jurisdiction. We will focus on types of disputes -- doping, transfer fees, eligibility, challenges to sports governance, agency and sponsorship -- that illustrate how the system has evolved. (The is NOT a how-to course of contract negotiations or estate planning for international athletes.)

Short Course Attendance Policy Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.


Course Schedule
Offering Dates: 01-18-2022 - 04-25-2022  

Dates Day Time Room
02-28-2022 - 03-03-2022   MTWR  12:30 PM-1:50 PM F108
03-04-2022 - 03-04-2022   F  2:00 PM-5:00 PM F108
03-05-2022 - 03-05-2022   S  10:00 AM-1:20 PM F108

Course Frequency

Course Information

Credits: 1
Pass/Fail Option: Yes
Prerequisite:
Method of Evaluation: Final Exam
Graduation Requirements Fulfilled By Course:
General
Special Attributes:
LL.M. Course
Short Course
Course Delivery:
Residential
Special Restrictions: If you are an International Arbitration or EASL LL.M. or Joint J.D./LL.M. student, you may enroll in this course through CaneLink. If you are not an International Arbitration student, but would like to enroll in this course, please request permission here: iallm@law.miami.edu. If you've taken International Sports Law (2cr.) you are ineligible to take this course.
Law Track(s):
Entertainment, Music, & Sports - Specialized
International & Comparative Law - Specialized
Bar Subject(s): None
Concentration(s):
Litigation & Dispute Resolution (Concentration)   More information
Course Book(s): TBD/None      
First Class Assignment(s):
  • Assignment: CLASS 1: February 28 (80 minutes): Introduction to CAS Summary: The Court of Arbitration for Sport (CAS) was created in the early 1980s to resolve disputes arising out of international sport competition. This class will introduce students to the history and development of CAS as an institution over its 40-year existence. Students will understand the procedural rules underpinning CAS dispute resolution, the mechanisms through which CAS obtains jurisdiction and assigns arbitrators to resolve disputes, and the different divisions existing within CAS that are responsible for handling various types of disputes. The materials assigned for this class will give students the necessary background to read and meaningfully engage with CAS decisions in context as they are assigned in subsequent classes. Materials: o Background, Rules and Procedure *Mavromati & Reeb, The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials, Chapter 1 Introduction: the International Council of Arbitration for Sport (ICAS) and the Court of Arbitration for Sport (CAS): 30 Years of History *CAS Code of Sports-Related Arbitration (Statutes of the Bodies Working for the Settlement of Sports-Related Disputes & Procedural Rules), In Force as from 01.01.2021 o Jurisdiction *The Olympic Charter of the International Olympic Committee (IOC), In Force as from 08.08.2021, Pp. 103-108 *FIFA Statutes, May 2021 edition, Pp. 58-60 *Conditions of Participation for NOC Delegation Members Games of the XXXII Olympiad Tokyo 2020 in 2021 (Tokyo 2020/2021 Athlete Entry Form) o Arbitrators List of CAS Arbitrators by Nationality Mavromati & Reeb, The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials, Chapter 2 Statutes of the Bodies Working for the Settlement of Sports-Related Disputes, Part B Special Provisions Applicable to the Ordinary Arbitration Procedure, pp. 261-276 Commentary on the CAS Procedural Rules, Article R40 [Formation of the Panel] Johan Lindholm, A legit supreme court of world sports? The CAS(e) for reform, The International Sports Law Journal (2021) [PDF only] – focus on Section 4 “ICS as a model for reform?” which discusses arbitrator selection. 2 1007634208v5 o Ad Hoc & Anti-Doping Divisions *Mavromati, The Rules governing the CAS Anti-Doping and Ad Hoc Divisions Sensato, Everything About the CAS AD Hoc Division Blackshaw, CAS Establishes Permanent Anti-Doping Division *Arbitration Rules, CAS Anti-Doping Division *Arbitration Rules, CAS Ad Hoc Division for the Olympic Games (Version 2021) Application Form, CAS Ad Hoc Division (Beijing 2022) [Word only]

    Material:
    Please see Blackboard.

    Additional Information:
    If you have any questions, please contact Alexandria Sellers at asellers@law.miami.edu.
      

 
Professor(s)