Beyond the “Haas Doctrine”: The Application of Alternative Rules of Law in CAS Jurisprudence - By D.J. LUCKSON

Introduction

The law applied to the merits of a CAS case significantly influences the outcome of proceedings before the Court of Arbitration of Sport (CAS). Legislation from outside the sporting system, such as EU legislation, national bankruptcy laws and national employment laws, is becoming increasingly influential and relevant in sports and in CAS arbitral proceedings. The Court of Arbitration for Sport (CAS) has its seat in Lausanne, Switzerland, and is governed by the Swiss Private International Law Act (PILA). Therefore, and as will later be further elaborated on, it relies on Article 187 PILA and Article R58 of the CAS Code to define the law applicable to the merits. However, as follows from CAS jurisprudence, parties’ freedom to elect the...

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