Another first for the court of arbitration for sport.

PositionEuropean Law: two Swimmers Drown the "Sporting Exception"

By all accounts, apart from the typical efficient German organisation, the 2006 World Cup was, generally speaking, a rather lack lustre affair, so as far as the football was concerned. Although the tournament did come to an end with something of bang--the infamous head butt of Zidane against the Italian Materazzi!

However, the 2006 World Cup also scored another first. At the request of FIFA, the world governing body of football, the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, created a new Ad Hoc Division to settle disputes arising during the tournament.

FIFA became a member of the CAS in 2002, and, as such, the CAS is a final 'court of appeal' for football disputes after the parties have exhausted all available internal remedies within the 'football family'. In other words, according to the rules of the National Associations and FIFA itself. Since becoming a member, the CAS has handled many football-related disputes, including--not surprisingly--many high profile international football transfer disputes involving millions of dollars in transfer fees.

Since the Centennial Games in Atlanta, USA, in 1996, the CAS has operated a so-called Ad Hoc Division at the Summer and Winter Olympic Games. And also operated a similar Division during the European Football Championships in 2000 and 2004.

The arrangements for the World Cup, however, were based on the Euro 2000 and Euro 2004 models. Unlike, the CAS Ad Hoc Division operating at the Olympics, the members of the Division were not based in Germany. But were on 'standby' and available to fly out to Germany at very short notice when a case was referred. Again, another difference between the World Cup and the Olympic arrangements was that disputes would not be settled within 24 hours, but within 48 hours. As always, to be effective, the CAS needed to act quickly because of sporting deadlines. One point of similarity, however, was that there was to be no charge by CAS charge for its services--of course, parties in dispute were responsible for paying any lawyers, who represented them, as well as the costs of any translators needed for the proceedings. And, again, the procedures were kept simple and flexible to facilitate a quick turn around of any cases.

The President of the World Cup Ad Hoc Division was Judge Jean-Jacques Leu of Switzerland and, on a case being referred, he was required to appoint a three-member Panel to deal with it. The members were to be selected from a...

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