DOI: 10.38021/asbid.1932784 ISSN: 2667-5463

CAS in International Sports Governance: States, Legitimacy, and Legal Limits

Merve Mesçioğlu Fedai, Recep Fedai, Ferhat Aktaş, Orhan Küçük
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Since its establishment in 1984, the Court of Arbitration for Sport (CAS) has become the principal transnational arbitral forum for international sports disputes. Unlike treaty-based international courts, its authority derives primarily from arbitration clauses, federation statutes, and participation rules. This structure supports specialization, speed, and a degree of consistency in sports dispute resolution, but it also raises questions concerning institutional independence, legitimacy, transparency, and effective judicial protection. This study examines the position of CAS within international sports governance, with particular attention to its institutional structure, governance arrangements, interpretive authority, and external legal constraints. Using qualitative document analysis, the study examines fourteen academic publications and nine primary legal and institutional documents. The findings show that CAS jurisprudence contributes to the development of lex sportiva by providing persuasive guidance in later disputes, although it does not constitute formally binding precedent. Recent changes in ICAS composition and financial reporting have improved institutional openness, but concerns remain regarding representation, appointment procedures, and the appearance of independence. The limited setting-aside review exercised by the Swiss Federal Supreme Court is increasingly supplemented by requirements arising from European Union law and human rights law. Domestic criminal enforcement further demonstrates that sporting autonomy does not place international sports organizations beyond public legal control. The study concludes that the continuing legitimacy of CAS depends on combining specialized arbitration with greater transparency, meaningful representation, procedural fairness, and effective but carefully limited external review.

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