How to Start CAS Arbitration in Switzerland: Step‑by‑step Guide

Understanding how to start CAS arbitration in Switzerland is essential for any athlete, club, federation or in-house legal team confronting an adverse sports decision. The Court of Arbitration for Sport (CAS), based in Lausanne, is the world’s pre-eminent institution for resolving sports-related legal disputes through arbitration and mediation. This guide sets out the complete filing procedure, from confirming eligibility and assembling documents, through to filing with the CAS Court Office, managing costs, and navigating the 2026 changes introduced by the Swiss Sports Governance Standard. Whether the dispute involves a doping sanction, a transfer disagreement, or a disciplinary ruling, the procedural steps below apply to both ordinary and appeals arbitration proceedings at CAS.

Overview of the CAS Arbitration Process and Who It Applies To

The Court of Arbitration for Sport (CAS) is an independent institution established under the oversight of the International Council of Arbitration for Sport (ICAS). CAS arbitration proceedings are governed by the Code of Sports-related Arbitration (commonly referred to as the CAS Code), which sets out the procedural rules for two principal divisions: the Ordinary Arbitration Division, which handles first-instance contractual or commercial sports disputes, and the Appeals Arbitration Division, which reviews decisions issued by sports federations, associations and other sports-related bodies.

CAS jurisdiction arises when the parties have agreed to submit their dispute to CAS, either through a specific arbitration clause in a contract, or through the statutes or regulations of the relevant sports body. The legal seat of CAS is Lausanne, Switzerland, which means that all CAS arbitration proceedings are governed by Swiss law, specifically Chapter 12 of the Swiss Federal Act on Private International Law (PILA). Awards rendered by CAS may be challenged only before the Swiss Federal Tribunal on narrow grounds.

A general prerequisite for CAS arbitration in Switzerland, and one that gained additional importance in 2026, is the exhaustion of internal remedies. Before filing with CAS, a party must ordinarily have completed all internal appeal mechanisms available within the relevant federation or governing body. The Swiss Sports Governance Standard, effective 1 January 2026, has strengthened evidence-retention and documentation requirements that federations must follow in their internal proceedings, which in turn affects the evidence claimants must prepare for their CAS filing. CAS also operates an Ad Hoc Division for major events such as the Olympic Games, where disputes are resolved on an expedited basis, sometimes within 24 hours.

Eligibility and CAS Arbitration Switzerland Requirements

Who Can Bring a CAS Arbitration

CAS is open to athletes (including minors, through their legal representatives), clubs, national and international sports federations, event organisers, anti-doping agencies, and any other party with a legitimate interest in a sports-related dispute. There is no nationality restriction: a foreign athlete may file at CAS in Switzerland provided the jurisdictional requirements are met. Where a party is a minor or lacks legal capacity, filing must be made through a legal representative with a valid power of attorney.

Exhaustion of Internal Remedies Under the 2026 Standard

The CAS Code requires, as a general rule, that all internal legal avenues within the relevant sports organisation or governing body must be exhausted before an appeals arbitration procedure at CAS can be initiated. Under the Swiss Sports Governance Standard (effective 1 January 2026), federations affiliated with Swiss Olympic are required to maintain documented records of internal proceedings, including hearing minutes, written decisions with full reasoning, and formal notification dates. For the party seeking to file with CAS, this means that demonstrable proof of exhaustion is now more rigorous. Claimants should assemble dated copies of every internal decision, formal rejection or final ruling, along with evidence of notification dates, before approaching CAS.

Failure to demonstrate exhaustion of internal remedies sports bodies provide is one of the most common grounds for jurisdictional challenges at CAS.

Jurisdictional Triggers and the Arbitral Clause

CAS jurisdiction must be grounded in a valid arbitration agreement. In practice, this usually takes the form of an appeal clause embedded in the statutes or regulations of the relevant federation (for example, FIFA, UEFA, World Athletics, or a national Olympic committee). Where no such clause exists, both parties may agree in writing to submit their dispute to CAS. Claimants should verify the precise wording of the applicable clause and confirm that it covers the type of dispute at issue before filing.

How to Start CAS Arbitration in Switzerland: Step‑by‑Step Procedure

The following numbered steps outline the core procedure for how to file with TAS‑CAS, from pre-filing preparation through to the final award and any post-award challenge.

Note: exact durations depend on the applicable CAS Code procedural rules, any agreement between the parties, and whether expedited or Ad Hoc Division procedures are invoked.

Step 1: Complete the Pre‑Filing Checklist

Before approaching the CAS Court Office, counsel should confirm four essentials. First, verify that a valid arbitration clause or agreement confers CAS jurisdiction over the specific dispute. Second, collect and organise all proof of exhaustion of internal remedies, under the 2026 standard, this includes dated copies of every internal decision, formal notifications, and any minutes of internal hearings. Third, identify and preserve all relevant evidence: contracts, disciplinary files, laboratory reports (with chain-of-custody documentation in doping matters), correspondence, and witness statements. Fourth, draft pre-litigation correspondence if settlement discussions have been attempted, and confirm applicable time limits for filing.

The pre-filing checklist should include the following “must attach” items as a minimum: the challenged federation decision (full text with reasoning); proof of notification date; evidence of each internal appeal step taken; the applicable federation statutes or regulations containing the CAS arbitration clause; and any relevant contractual documents.

Step 2: File the Request or Statement of Appeal with the CAS Court Office

The claimant files a Request for Arbitration (ordinary procedure) or a Statement of Appeal (appeals procedure) with the CAS Court Office in Lausanne. CAS has introduced an e‑filing system that allows parties to initiate a procedure and submit documents for arbitration electronically. The filing must include: the identities of the parties; a description of the facts and legal arguments; the specific relief sought; the nomination of an arbitrator (where applicable); and proof of payment of the CAS Court Office registration fee of CHF 1,000.

Payment can be made by bank transfer to the CAS Court Office account. The registration fee is non-refundable. When filing, the claimant should also specify preferences regarding the CAS seat and procedural language, typically English or French, though other languages may be agreed by the parties. For appeals arbitration, the Statement of Appeal must be filed within the time limit set by the applicable federation regulations (often 21 days from notification of the challenged decision), so confirming this deadline before filing is critical.

Step 3: Response by Respondent and Provisional Measures Requests

Once the filing is registered, the CAS Court Office notifies the respondent, who is generally granted 20 to 30 days to file an Answer or statement of defence. The respondent’s Answer should address all factual and legal claims, raise any jurisdictional objections, and nominate an arbitrator.

If the claimant requires urgent relief, for example, a stay of a competition ban pending the arbitration, a request for provisional measures before CAS should be filed at the earliest opportunity. Under the CAS Code, the Division President or the panel (once constituted) may order provisional or conservatory measures. In the context of the Ad Hoc Division (used during Olympic Games and other major events), emergency decisions can be rendered within 24 to 72 hours. For regular proceedings, provisional measures applications are typically decided within one to two weeks. Timing is essential: late requests for provisional relief are significantly less likely to succeed.

Step 4: Constitution of Tribunal, Directions, Evidence and Hearings

After both parties have made their submissions, the CAS Court Office facilitates the constitution of the arbitral tribunal. In appeals proceedings, the panel typically comprises three arbitrators (one nominated by each party, with the president appointed by the CAS Division President). In ordinary proceedings, the parties may agree to a sole arbitrator. The tribunal issues procedural directions at an initial conference, setting the timetable for further written submissions, evidence exchange, and (if requested or ordered) an oral hearing.

Practical considerations at this stage include CAS seat and language choices. The legal seat remains Lausanne unless the parties agree otherwise, but hearings can be held at any location agreed by the parties or ordered by the tribunal. The procedural language is confirmed early in the directions phase. Evidence exchange follows the timetable, and parties should submit all documentary evidence, witness statements, and expert reports within the deadlines set. Hearings, if held, generally take place two to six months after the directions conference, though expedited tracks can shorten this considerably.

Step 5: Award, Costs Allocation and Post‑Award Challenge

The tribunal deliberates and issues a written award, which is final and binding. The award includes a decision on costs allocation, the tribunal determines which party bears the arbitration costs and in what proportion. CAS awards are enforceable internationally under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. A party dissatisfied with a CAS award may appeal to the Swiss Federal Tribunal within 30 days of notification, but only on the narrow grounds set out in Article 190(2) of PILA, including lack of jurisdiction, violation of due process, incompatibility with public policy, or irregularities in the constitution of the tribunal.

Documents Needed for a CAS Appeal or Arbitration

The following table sets out the essential documents needed for a CAS appeal or ordinary arbitration, along with practical notes on format, issuing authority, and certification requirements.

All documents should be filed electronically through the CAS e‑filing system unless the Court Office directs otherwise. Where enforcement of the eventual award is anticipated in a foreign jurisdiction, parties should consider whether documents need to be apostilled or certified under the applicable treaty framework. Translations should be prepared by accredited translators and, where possible, certified to meet the evidentiary standards expected by the tribunal.

CAS Filing Timeline and Key Deadlines

Understanding the CAS filing timeline is critical for protecting procedural rights. The table below maps the key milestones from the date of filing (Day 0) through to post-award challenge.

The most time-sensitive deadline is the initial filing window. In appeals arbitration, the Statement of Appeal must be filed within the period specified by the federation’s regulations, commonly 21 days from notification of the challenged decision. Missing this deadline risks a jurisdictional objection that may be fatal to the case. Parties should diarise every milestone immediately upon receiving notification of the decision under challenge.

CAS Arbitration Costs Under Swiss Rules: Fees, Advances and Worked Examples

CAS arbitration cost planning requires an understanding of several distinct cost categories. The table below outlines the principal items.

Worked Fee Examples

• Small non-monetary disciplinary appeal. Registration CHF 1,000; advance on costs approximately CHF 5,000; low arbitrator fees given limited hearing time. Total estimated cost: CHF 7,000–15,000 (excluding counsel fees).
• Mid-value dispute (CHF 250,000). Registration CHF 1,000; advance CHF 25,000–50,000; arbitrator and hearing costs CHF 60,000–150,000. Total estimated cost: CHF 100,000–200,000.
• High-value dispute (CHF 1,000,000+). Registration CHF 1,000; advances CHF 50,000–150,000; arbitral fees and experts CHF 200,000+. Total cost can reach mid-six to seven figures.

In appeals arbitration, proceedings are generally free of charge for the parties (subject to the registration fee and a contribution toward costs if ordered), which distinguishes CAS appeals from many other arbitral institutions. In ordinary arbitration, the parties bear the full costs. The tribunal determines final costs allocation in the award, and parties may recover a contribution toward their legal fees from the unsuccessful party. Cross-border tax implications, including VAT on Swiss-based legal services and the deductibility of arbitration costs, should be reviewed with specialist tax counsel.

What Changes in 2026: Swiss Sports Governance Standard and Pre‑Filing Effects

The Swiss Sports Governance Standard, effective 1 January 2026 and issued under the auspices of Swiss Olympic, introduces enhanced governance obligations for Swiss sports federations. For parties preparing to start CAS arbitration, the most immediate practical effects relate to the exhaustion of internal remedies and evidence retention.

Under the 2026 standard, federations affiliated with Swiss Olympic are required to maintain and produce documented records of all internal proceedings, including written decisions with full reasoning, hearing minutes, formal notification records with dates, and internal appeal timelines. For the prospective CAS claimant, this has a dual effect. First, federations are now less able to argue that internal remedies were not properly exhausted where the claimant can demonstrate systematic engagement with the federation’s documented processes. Second, claimants bear a reciprocal burden: they must assemble and present this documentation at the time of filing with CAS, or risk a jurisdictional challenge.

Sample Pre‑Filing Evidence List Under the 2026 Standard

The following exhibit-numbering scheme is recommended for attachments to the CAS filing:

• Exhibit C-1: Internal appeal timeline, chronological summary of all internal proceedings, with dates of filing, hearing and decision.
• Exhibit C-2: Final internal decision, full text, with reasoning and formal notification date.
• Exhibit C-3: Prior internal decisions, each earlier-stage decision in chronological order.
• Exhibit C-4: Notification records, emails, registered-mail receipts or portal screenshots confirming date of notification.
• Exhibit C-5: Hearing minutes / records, official or party-prepared minutes of any internal hearings.
• Exhibit C-6: Federation statutes and regulations, the version applicable at the time of the decision, with CAS clause highlighted.
• Exhibit C-7: Chain-of-custody and laboratory certificates (if applicable), certified copies with date/time stamps.
• Exhibit C-8: Correspondence bundle, all written communications between the party and the federation concerning the dispute.

Industry observers expect that failure to produce a well-documented exhaustion record will become an increasingly common basis for jurisdictional objections at CAS. The likely practical effect of the 2026 standard is to shift the evidential burden earlier in the process, making pre-filing preparation more critical than ever.

Common Pitfalls When Filing CAS Arbitration, and How to Avoid Them

• Failing to prove exhaustion of internal remedies. Under the 2026 standard, inadequate documentation of internal proceedings can result in the case being dismissed on jurisdictional grounds. Assemble all internal decision records, notification dates and correspondence before filing.
• Missing the filing deadline. In appeals arbitration, strict time limits apply (commonly 21 days from notification). A missed deadline is rarely curable. Diarise the deadline immediately upon receiving the challenged decision and file early.
• Incorrect form or missing registration fee payment. Filing an incomplete Request or Statement of Appeal, or failing to provide proof of payment of the CHF 1,000 registration fee, delays registration and may result in the filing being returned.
• Missing translations or uncertified copies. Documents not in the procedural language must be accompanied by official translations. Uncertified copies of key decisions may be challenged by the respondent. Engage translators early.
• Not seeking provisional measures early enough. Provisional relief is most effective when requested at or shortly after filing. A delayed application weakens the argument for urgency and may leave the claimant without interim protection.
• Poor evidence preservation. Digital evidence (emails, screenshots, test results) should be preserved in original format with metadata intact. Failure to maintain a proper chain of custody, particularly in doping cases, can undermine the evidentiary value of critical documents.

Sources

1. TAS/CAS, How CAS Works
2. TAS/CAS, Arbitration Costs
3. Fedlex, Swiss Federal Act on Private International Law (PILA)
4. Swiss Federal Supreme Court (Bundesgericht)
5. Swiss Olympic, Swiss Sports Governance Standard
6. Swiss Arbitration Centre