The International Council of Arbitration for Sport (ICAS)

ORGANISATION AND STRUCTURE OF THE ICAS AND CAS

The Paris Agreement

­The creation of the ICAS and the new structure of the CAS were approved in Paris, on 22 June 1994, with the signing of the “Agreement concerning the constitution of the International Council of Arbitration for Sport”, known as the “Paris Agreement”. This was signed by the highest authorities representing the sports world, viz. the presidents of the IOC, the Association of Summer Olympic International Federations (ASOIF), the Association of International Winter Sports Federations (AIWF) and the Association of National Olympic Committees (ANOC).

The preamble of the Agreement states that “ with the aim of facilitating the resolution of disputes in the field of sport, an arbitration institution entitled the “Court of Arbitration for Sport" (hereinafter the CAS) has been created, and that, with the aim of ensuring the protection of the rights of the parties before the CAS and the absolute independence of this institution, the parties have decided by mutual agreement to create a Foundation for international sports-related arbitration, called the “International Council of Arbitration for Sport” (hereinafter the ICAS), under the aegis of which the CAS will henceforth be placed.”

The Agreement determined the appointment of the initial members of the ICAS and the funding of the CAS. In 2003, the ICAS/CAS budget totalled CHF 7,3 million.

Since the Paris Agreement was signed, all Olympic International Federations and many National Olympic Committees have recognised the jurisdiction of the Court of Arbitration for Sport and included in their statutes an arbitration clause referring disputes to the CAS. Since the World Conference on Doping in Sport, held in March 2003, the Olympic Movement and numerous governments have promulgated the World Anti-Doping Code, Article 13 of which states that the CAS is the appeals body for all international doping-related disputes.

The ICAS is the supreme organ of the CAS. The main task of the ICAS is to safeguard the independence of the CAS and the rights of the parties. To this end, it looks after the administration and financing of the CAS.

The ICAS is composed of 20 members who must all be high-level jurists well-acquainted with the issues of arbitration and sports law.

Upon their appointment, the ICAS members must sign a declaration undertaking to exercise their function in a personal capacity, with total objectivity and independence. This obviously means that in no circumstances can a member play a part in proceedings before the CAS, either as an arbitrator or as counsel to a party.

The ICAS exercises several functions which are listed under article S6 of the Code. It does so either itself, or through the intermediary of its Board, made up of the ICAS President and two vice-presidents, plus the two presidents of the CAS Divisions. There are, however, certain functions which the ICAS may not delegate. Any changes to the Code of Sports-related Arbitration can be decided only by a full meeting of the ICAS and, more specifically, a majority of two-thirds of its members. In other cases, a simple majority is sufficient, provided that at least half the ICAS members are present when the decision is taken. The ICAS elects its own President, who is also the CAS President, plus its two Vice-presidents, the President of the Ordinary Arbitration Division, the President of the Appeals Arbitration Division and the deputies of these divisions. It also appoints the CAS arbitrators and approves the budget and accounts of the CAS.

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