Transnational procedural requirements: What do regional and domestic courts expect from the Court of Arbitration for Sport?

Dana Burchardt

EconStor Open Access Articles and Book Chapters, 2025, issue Online first

Abstract: In recent years, regional courts such as the ECtHR and the CJEU as well as domestic courts have started to decide cases in relation to the Court of Arbitration for Sport (CAS), critically assessing institutional and procedural structures of the CAS. This article puts this recent jurisprudence in a broader context. It argues that these decisions can be viewed as part of a more wide-spread jurisdictional trend towards establishing transnational procedural requirements: the phenomenon that the courts of one legal space require institutions of another legal space to grant legal protection to those affected by their actions and set specific procedural standards in conformity with the rule of law. To start with, the article assesses the decisions of regional and domestic courts regarding the CAS through the lens of transnational procedural requirements. It then compares these decisions to other instances of transnational procedural requirements especially in relation to international organisations. It discusses whether the respective courts have struck a convincing balance between the risks and benefits of such requirements.

Keywords: Court of Arbitration for Sport; Transnational procedural requirements; Fair trial; Judicial independence; International organisations (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:zbw:espost:333783

DOI: 10.1007/s40318-025-00319-7

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