Abstract
This paper discusses the structure of the Court of Arbitration for Sport (CAS) and its process for adjudicating disputes by looking through the lens of the recent Jordan Chiles case. The intertwined history of CAS and the International Olympic Committee, CAS’s lack of structural independence, its policies that strongly favor one side in disputes, and its lack of sufficient conflict of interest procedures demonstrate that CAS is a flawed arbitral body that does not properly safeguard the interests of athletes. The landmark European Court of Human Rights case, Case of Mutu and Pechstein v. Switzerland, ruled that CAS was sufficiently independent, but flaws in the Court’s reasoning and the vigorous dissent suggest that it may not have definitively ended the issue as it purported to. The paper concludes by applying the principles discussed therein to the Jordan Chiles case and discussing the likely outcome of the appeal to the Swiss Federal Tribunal.
Recommended Citation
Gianna Flammini,
The Independence and Impartiality of The Court of Arbitration for Sport,
45
Nw. J. Int'l L. & Bus.
419
(2025).
https://scholarlycommons.law.northwestern.edu/njilb/vol45/iss3/4
