<p>Individuals, including athletes, coaches, and referees, with limited financial means (hereinafter referred to as “financially-limited individuals”) often cannot afford the significant legal fees required to seek remedies through dispute resolution bodies within the sports society. Sports governing bodies enforce regulations that require individuals to bring their complaints before the Court of Arbitration for Sport (CAS), including an exclusive arbitration clause allowing them to refer to the CAS. According to this clause, individuals cannot, in principle, bring their claims before other ordinary courts, except for the Swiss Federal Tribunal (SFT) under Article 190(2) of the Swiss Private International Law Act (Swiss PILA). Consequently, no courts and tribunals can hear their complaints if the CAS rejects their request for the legal aid because they cannot afford to pay extremely expensive fees, including legal fees, arbitration costs, and any related expenses, for the CAS proceeding. Based on this understanding, the main question of this article is to consider how the CAS should guarantee the right of financially-limited individuals of access to a court when their request for CAS legal aid is rejected. To address this, the article will examine the following questions: (1) What is CAS legal aid?; (2) What consequences do financially-limited individuals face when their request for CAS legal aid is rejected?; and (3) Does the rejection of CAS legal aid for financially-limited individuals violate Article 6(1) of the European Convention on Human Rights (ECHR)? This research will serve to improve access to dispute resolution bodies for financially-limited individuals under an arbitration clause within the sporting regulations established by sports governing bodies.</p>

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Rejection of the legal aid by the Court of Arbitration for Sport in light of Article 6 of the European convention on human rights

  • Tsubasa Shinohara,
  • Shoichi Sugiyama

摘要

Individuals, including athletes, coaches, and referees, with limited financial means (hereinafter referred to as “financially-limited individuals”) often cannot afford the significant legal fees required to seek remedies through dispute resolution bodies within the sports society. Sports governing bodies enforce regulations that require individuals to bring their complaints before the Court of Arbitration for Sport (CAS), including an exclusive arbitration clause allowing them to refer to the CAS. According to this clause, individuals cannot, in principle, bring their claims before other ordinary courts, except for the Swiss Federal Tribunal (SFT) under Article 190(2) of the Swiss Private International Law Act (Swiss PILA). Consequently, no courts and tribunals can hear their complaints if the CAS rejects their request for the legal aid because they cannot afford to pay extremely expensive fees, including legal fees, arbitration costs, and any related expenses, for the CAS proceeding. Based on this understanding, the main question of this article is to consider how the CAS should guarantee the right of financially-limited individuals of access to a court when their request for CAS legal aid is rejected. To address this, the article will examine the following questions: (1) What is CAS legal aid?; (2) What consequences do financially-limited individuals face when their request for CAS legal aid is rejected?; and (3) Does the rejection of CAS legal aid for financially-limited individuals violate Article 6(1) of the European Convention on Human Rights (ECHR)? This research will serve to improve access to dispute resolution bodies for financially-limited individuals under an arbitration clause within the sporting regulations established by sports governing bodies.