主办单位:成都体育学院
ISSN 1001-9154 CN 51-1097/G8

Journal of Chengdu Sport University ›› 2017, Vol. 43 ›› Issue (1): 31-36.doi: 10.15942/j.jcsu.2017.01.006

• SPORTS HUMANITIES AND SOCIAL SCIENCE • Previous Articles     Next Articles

Special Effect of International Sports Arbitration Verdict: a CAS Arbitration Power Perspective

ZHANG Wenwen1, WU Yihua2   

  1. 1. School of P.E. and Sports Science, Guangzhou University Guang Zhou Guangdong 510006;
    2.School of P.E. and Sports Science, Guangzhou University Guang Zhou Guangdong 510006
  • Received:2016-08-15 Online:2017-01-25 Published:2017-02-08

Abstract: Different from general commercial arbitration power, the arbitration power of CAS has the attribute of social judicial power. In view of this, CAS uses the case law principle in the common law system and possesses the judicial power of law-making. The arbitration verdicts by CAS are final and enforceable as general commercial arbitration verdicts, and they even have the special effect of case law, setting precedents for similar international sports disputes. The contents of case laws by CAS include three types: the creative laws, the explanatory laws, and the complementary laws, which are an important source of international sports laws. The precedents set by CAS play a positive role in explaining international sports laws, guiding the arbitration of law cases, and advancing rules for new international sports verdicts. However, the CAS case law cannot replace the statute law, and should be used as a supplement to the statue law.

Key words: CAS, arbitration power, arbitration verdict, case law

CLC Number: