NEWSLETTER-2019-metin

346 NEWSLETTER 2019 Annulment of the Court of Arbitration for Sport Awards* Att. Ece Ozsu The Court of Arbitration for Sport (“CAS”), known as the “high- est” court of sports-related dispute resolutions, is an arbitration court independent of any sporting organization that serves to facilitate the settlement of disputes through arbitration or mediation, with rules adapted to the specific needs of the sporting world. Since the mission of CAS is to resolve disputes that are directly or indirectly related to sports, arbitral awards rendered by the CAS have a power of execution as strong as a state court. As a matter of fact, pursuant to the proce- dural rules of the Code of Sports-related Arbitration (“CAS Code”) an arbitral award rendered by CAS is final and binding for the parties as of the date of notification of the award to the parties 1 . Legal remedies against arbitral awards rendered by CAS are rath- er restricted. One legal remedy is to file an appeal against the awards rendered by CAS as a first instance court through the ordinary arbitral procedure 2 - once again before CAS. However, such appeal can only be filed if it is clearly provided by the rules of the related federation or sports organization 3 . Apart from this, judicial recourse against all the arbitral awards rendered by CAS is possible through taking an action and request- * Article of January 2019 1 With regard to ordinary arbitration procedure, Article R46 of the CAS Code, and with regard to appeal arbitration procedure, Article R59 of the CAS Code. 2 In the resolution of disputes arising from contractual relations, or torts, the CAS acts as a first instance court, and the rules of Ordinary Arbitration Procedure are applied to the resolution of these disputes. In cases of application against the deci- sions rendered by the internal organs of the sporting organisations, the rules of the Appeal Arbitration Procedure are applied. 3 Article R47 of the CAS Code.