The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials, Second Edition (Book Review)

Nick De Marco KC, Barrister at Blackstone Chambers, reviews the Second Edition of the ‘The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials’ which offers a comprehensive, article-by-article commentary of the Court of Arbitration for Sport (CAS) Rules. The 900-page book draws on leading CAS and Swiss Federal Tribunal case law, internal CAS practices, and principles of international arbitration, the book guides readers through the complexities of CAS proceedings with clarity and precision.

The book can be purchased here^[1].

Book Review

Known to me and many of my colleagues as the “Green Book”, or simply the “CAS Bible”, the much-awaited second edition of Mavromati and Reeb’s Commentary is, without doubt, the authoritative and comprehensive guide to the procedures of the Court of Arbitration for Sport (the CAS), the world’s pre-eminent specialist sports tribunal. It is invaluable to any practitioner appearing before CAS, and to anyone seeking to understand its jurisprudence and procedures.

The work is helpfully organised around the CAS Code itself, providing detailed explanation and analysis of each of its fundamental provisions and the most significant relevant case law. From jurisdiction, the scope of an appeal, time limits and costs to the content of pleadings such as the Statement of Appeal and Appeal Brief, it offers a highly practical guide to anyone involved in, or contemplating, proceedings before CAS.

In addition to chapters addressing the issues arising under each article, supported by copious references to CAS awards, the book contains practical annexes, tables and model documents to assist practitioners in preparing written submissions and hearings.

Alongside its thorough analysis of CAS jurisprudence, the work examines the Swiss Federal Tribunal’s supervisory jurisdiction over CAS awards.

As my friend and colleague Michael Beloff KC, who served as a CAS arbitrator from 1996 to 2023 and is one of its most distinguished former arbitrators, writes in his foreword to this edition: “The text’s exceptional usefulness was guaranteed by the identity of the co-authors.”

Dr Despina Mavromati is a Swiss and Greek lawyer, CAS arbitrator, member of the Appeals Chamber of the UEFA Club Financial Control Body, lecturer, writer and leading international expert on sports arbitration. Matthieu Reeb is a Swiss lawyer, writer and the longstanding Director General of CAS, with unrivalled institutional knowledge of its procedures and development.

I know from my own appearances before CAS how useful this book is. It is the one resource I always expect parties to cite and arbitrators to consult.

The second edition updates the work to reflect a decade of further jurisprudence and procedural development. It also adds new model documents and a chapter addressing the CAS ad hoc Rules and the Rules of the CAS Anti-Doping Division during the Olympic Games, giving practitioners valuable assistance both in drafting and in dealing with CAS’s most expedited procedures.

Coming from a common-law jurisdiction, many CAS procedures and aspects of its approach can initially appear foreign and, at times, bewildering in a way they may not to practitioners trained in civil-law systems. That is why this book has always been my starting point in any case before CAS. The new edition remains one of the most important legal texts on my shelf, or in my bag.