An Introduction To Portugal’s Court Of Arbitration For Sport: A Unique Arbitral Body

Due to the request of various stakeholders of the sports community – athletes, coaches, clubs, associations, federations and other sport entities in Portugal, the Portuguese State created, through legislation (Law No. 74/2013)(LTAD) [1], the Portugal Arbitration Court for Sport (TAD). The TAD is an independent entity[2], which encompasses arbitration jurisdiction, both voluntary or compulsory. In fact, TAD is a distinct solution for the specialised sports dispute resolution.

This article explores:

• The TAD: the reasons for its foundation
  • The need for a change in Sports Dispute Resolution
  • The choices for Sports Dispute Resolution: Specialized State Court for Sport or Arbitration Court for Sport (or both)
  • The option for the Court of Arbitration for Sport
• Portugal Arbitration Court for Sport Law
  • Nature, competence and jurisdiction of the TAD
  • How does it fit into the dispute resolution structure alongside CAS
• Jurisdiction
  • Compulsory Jurisdiction
  • Voluntary Arbitration
• Composition of the TAD
  • Arbitrators
• Arbitration Process
  • Common rules
    • Principles and constitution of the arbitral college
    • Precautionary measures
    • Means of proof
    • Arbitral Decision
    • Appeals and Challenges of the Arbitral Decision
    • Procedural costs
  • Specific rules
    • Compulsory arbitration
    • Voluntary arbitration