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30 Ohio St. J. on Disp. Resol. 1 (2014-2016)
The Court of Arbitration for Sport and its Global Jurisprudence: International Legal Pluralism in a World without National Boundaries

handle is hein.journals/ohjdpr30 and id is 7 raw text is: The Court of Arbitration for Sport and its Global Jurisprudence: International Legal Pluralism in a World Without National Boundaries MATTHEW J. MITTEN* ABSTRACT This article considers an issue of global importance that has received little scholarly attention: whether the Court ofArbitration for Sport (CAS), whose developing body of lex sportiva is a form of international legal pluralism, provides an appropriate level of procedural fairness and substantive justice to the world's athletes, who are subject to its jurisdiction as a condition of their participation in Olympic and international sports competition. It provides an overview of the CAS arbitration system and the very limited scope of national judicial review of its arbitration awards decisions. It concludes that the CAS is a procedurally fair private legal system for resolving Olympic and international sports disputes that generally provides substantive justice to athletes, thereby justifying judicial deference to its adjudications along with their recognition and enforcement by sovereign nations. It also makes some recommendations for internal CAS reforms to better achieve these objectives. I. INTRODUCTION II. OLYMPIC SPORTS INTERNAL GOVERNANCE STRUCTURES AND RULEMAKING PROCESSES III. OVERVIEW OF CAS ARBITRATION SYSTEM AND ITS LEGAL RECOGNITION IV. GENERAL REQUISITES OF A PRIVATE LEGAL SYSTEM FOR RESOLVING SPORTS DISPUTES THAT JUSTIFY JUDICIAL DEFERENCE AND SOVEREIGN RECOGNITION V. ANALYSIS OF CAS ARBITRATION IN LIGHT OF PROCEDURAL FAIRNESS AND SUBSTANTIVE JUSTICE CONCERNS A. Open Forum Accessible to Athletes Represented by Counsel B. Independent and Impartial Arbitrators C. Full and Fair Opportunity to Be Heard * Professor of Law and Director, National Sports Law Institute and LL.M. in Sports Law for Foreign Lawyers Program, Marquette University Law School; Member, Court or Arbitration for Sport, Lausanne, Switzerland. I want to thank Bruce W. Burton, Courtney Hall, Dr. Shuli Guo, Richard Karcher, Michael Lenard, Richard McLaren, Michael O'Hear, Josephine (Jo) Potuto, Andrea Schneider, and Maureen Weston for their insightful comments regarding earlier drafts of this article as well as Jeremy Abrams, Marquette University Law School Class of 2014, for his research and editorial assistance in connection with this article. 1

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