Standing to Appeal of Third Parties in Front of CAS

Part of the Yearbook of International Sports Arbitration book series (YISA)


Does a party which is not the addressee of a decision by an association have standing to appeal such decision? This question has been discussed intensely in various recent decisions by the Court of Arbitration for Sport (CAS). On the one hand, there is certainly a legitimate interest in not granting a right to appeal to every party remotely affected by a decision. On the other hand, there are many instances in the sports world in which third parties are affected by decisions addressed to other parties. Does an athlete finishing tenth in an Olympic event have standing to appeal a decision determining that the gold medallist is not disqualified? How about the athlete who would have won the bronze medal if the gold medallist had been disqualified? Should the football player Giorgio Chiellini have standing to appeal a decision finding that Luis Suárez should not be punished for biting him during a match at the FIFA World Cup 2014? Although this question may be of great importance, neither the Code of Sports-related Arbitration (“CAS Code”) nor the association rules give clear guidance as to the circumstances under which a third party has standing to appeal. This article provides an overview of the legal concept of standing to appeal of third parties against decisions not addressed to them (Sect. 1), the most relevant CAS jurisprudence dealing with this topic (Sect. 2) and a comparison with other fields of law addressing similar procedural scenarios (Sect. 3). The authors’ aim is to identify objective guidelines for answering the question of standing to appeal in order to increase the predictability of CAS decisions dealing with this question.


Standing Legal interest Directly affected Competitors’ eligibility Disqualification Disciplinary sanctions Victim 


  1. Mavromati D, Reeb M (2015) The Code of Arbitration for Sport. Commentary, Cases and Materials. Kluwer Law International, Alphen aan den RijnGoogle Scholar
  2. Nater H, Tuchschmid M (2006) TAS: Ist Art. 75 ZGB im Appellationsverfahren zu beachten? SpuRt 2006: 139–144Google Scholar
  3. Niggli M (2016) Art. 75 ZGB. In: Breitschmid P, Jungo A (eds) Handkommentar zum Schweizer Privatrecht. Schulthess, Zurich, pp. 265–269Google Scholar
  4. Riemer H (1990) Berner Kommentar. Kommentar zum schweizerischen Privatrecht, Band I, 3. Abteilung, 2. Teilband. Stämpfli & Cie AG, BernGoogle Scholar
  5. Rigozzi A, Hasler E (2013) Sports Arbitration under the CAS Rules. Part II, Chapter 5. Text of the CAS Procedural Rules. In: Arroyo M (ed) Arbitration in Switzerland. The Practitioner’s Guide. Kluwer Law International, Alphen aan den Rijn, pp. 895–1083Google Scholar
  6. Scherrer U (2008) Vereinsrechtliche Anfechtungsklage und Schiedsgerichtsbarkeit im Sport. CausaSport 2008: 58–65Google Scholar

Copyright information

© T.M.C. Asser press and the authors 2017

Authors and Affiliations

  1. 1.Martens LawyersMunichGermany

Personalised recommendations