Правовий статус арбітрів спортивного арбітражного суду / Legal Status of Arbitrators of the Court of Arbitration for Sport
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 50, Issue
Abstract
The paper addresses the essence of the legal status of arbitrators of the Court of Arbitration for Sport. The scientific approaches and concept of the legal status of referees in international arbitration have been identified. The requirements to the arbitrators and the procedure of their appointment in the Court of Arbitration for Sport were analysed. The advantages and disadvantages of the closed list of arbitrators CAS were established. Factors that may affect the choice of an arbitrator from the list have been identified. In addition to the impartiality and independence, checked out whether the arbitrator has enough time to quickly and efficiently handle the case; national character (different legal traditions); experience (including in previous, similar cases), level of education; knowledge of working languages (or at least one), as well as other languages that can be used, etc. A distinction between the independence and impartiality of the arbitrators was made. In particular, independence is an objective notion prohibiting relations (particularly of financial nature) between the arbitrators and the parties during the procedure, the impartiality is rather the subjective connected with the person of the arbitrator, with his personal convictions.
Authors and Affiliations
Oksana Zalizko
Keywords
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