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The Panel’s right to exclude evidence based on Article R57 para. 3 CAS Code: a limit to CAS’ full power of review?

July 13, 2014

The Panel’s right to exclude evidence based on Article R57 para. 3 CAS Code: a limit to CAS’ full power of review? - www.sportlegis.com

CAS Bulletin 1/2014, pp. 48-57

The CAS Panels’ power of review of a decision appealed against is a well-known feature and fundamental principle of the appeals against decisions issued by the jurisdictional instances of federations and sports-governing bodies to the Court of Arbitration for Sport (CAS). Notwithstanding the Panel’s full power of review, a newly inserted paragraph in Article R57 gives the possibility to the Panel to refuse evidence submitted by the parties “if it was available to them or could reasonably have been discovered by them before the challenged decision was rendered”.


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