Expertise / Sports / Swiss law for CAS arbitration
Swiss law for CAS arbitration expert witnesses
Opinion on Swiss law where it governs a sports dispute or a federation's rules.
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The CAS sits in Lausanne and many international federations are Swiss associations, so Swiss law often governs a sports dispute, either as the law of the federation's rules or as the law the panel applies under the CAS Code. When the content of Swiss association, contract or company law is disputed, parties instruct Swiss law professors or practitioners to give expert evidence on it.
This is one of the specialisms within our sports expert witness practice.
In sports, the difference between a strong case and a weak one often comes down to whether the expert truly understands the sector. Generalist opinion rarely survives scrutiny on specialist questions, and a tribunal gives little weight to evidence that misreads how sports actually works. We focus here precisely because the issues are technical, the stakes are high, and the wrong expert is an expensive mistake.
What instructing through us looks like
Tell us the issues, the forum and your timeline. We check fit, availability and conflicts, then send a short, honest shortlist. You review CVs and speak with the expert before instructing. New to the process? See our guide on how to instruct an expert witness.
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Tell us about your swiss law for CAS arbitration matter
Describe the issues and the forum. We check fit, availability and conflicts, then come back with a short shortlist. Enquiries are confidential and create no obligation.
- Tell us the matterShare the issues, the sector and your timeline. No obligation, treated in confidence.
- We shortlistWe identify experts whose experience genuinely fits, and check availability and conflicts.
- You instructYou review CVs and speak directly with the expert before instructing on your terms.
Why Swiss law matters in sports disputes
Under the CAS Code, an appeal panel decides the dispute under the applicable federation rules and, subsidiarily, under the law the parties chose or, failing that, the law of the country where the federation that made the decision is based. FIFA, UEFA, the IOC and many international federations are Swiss associations, so Swiss law is very often that law.
Panels frequently include Swiss-qualified arbitrators, but where a point of Swiss law is disputed or unsettled, parties instruct an expert to set out the law and how Swiss courts apply it. Other national laws come up too, for example a player's employment law or a federation's constitutional position at home.
What the expert will address
- Association law — the Swiss Civil Code rules on associations, including members' rights to challenge decisions.
- Contract law — formation, interpretation and termination under the Swiss Code of Obligations.
- Personality rights — limits on sanctions and restrictions that affect an athlete's livelihood.
- Company and commercial law — where a club, rights holder or federation body is a company rather than an association.
What the CAS awards show
Legal experts are the second-largest group of experts in the awards on the CAS recent decisions page, after anti-doping scientists. In CAS 2023/A/9960 (Sporting CP v FC Internazionale) two Swiss law professors gave evidence together and were cross-examined on a right of first refusal. Swiss law opinions also featured in CAS 2023/A/9670 (LOSC Lille v Sporting CP), CAS 2024/A/10833 (IEOC v FEI) and CAS 2024/A/10387 (Kazakhstan swimming federation v Asia Aquatics). The Byron Castillo appeals (CAS 2022/A/9175) heard experts on both Swiss law and Ecuadorian constitutional law, and other awards heard experts on Russian employment law, EU free movement and competition law, and Israeli arbitration law.
Choosing the expert
Choose an expert whose standing a Swiss-trained arbitrator will recognise: usually a professor or senior practitioner in the precise field, not a generalist. Expect the panel to hear competing experts together, so the expert must be able to defend a view under questioning from the other expert as well as counsel.
Key authorities and further reading
- Court of Arbitration for Sport: Code of Sports-related Arbitration — procedure, including expert evidence and panel-appointed experts
- Swiss Civil Code (Fedlex) — association law
- Swiss Code of Obligations (Fedlex) — contract and company law
- Swiss Private International Law Act (Fedlex) — international arbitration seated in Switzerland
- CAS: recent decisions — the published awards cited on this page
FAQ
Common questions
What does a swiss law for cas arbitration expert witness do?
They give independent, objective opinion to a court or tribunal on swiss law for cas arbitration issues within sports, with an overriding duty to the court under CPR Part 35. The opinion usually takes the form of a written report and, where required, oral evidence.
When should I instruct a swiss law for cas arbitration expert?
As soon as the issues are clear. Early instruction helps you test the strengths and weaknesses of the case, scope the evidence proportionately and avoid a rushed report against a deadline.
How do you select experts for swiss law for cas arbitration matters?
On substance: relevant qualifications, genuine sports experience and an understanding of an expert's duties in litigation and arbitration. Where an expert has limited experience of giving evidence, we say so.
Does a CAS panel always need a Swiss law expert?
No. Panels often apply Swiss law themselves. Expert evidence is most useful where the point is disputed, unsettled or decisive, and where the parties want the panel to hear how Swiss courts actually apply it.
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