CAS Time Limits: Ensuring Fairness and Justice
Deadlines are extremely important in sports arbitration proceedings, as they shape the course of the proceedings, and establish the timeline of when decisions must take place in order to avoid unfairness to either party and the overall justice of the proceedings. Deadlines provide clear guidance and expectations for the parties involved, allowing them to effectively and efficiently pursue the dispute resolution process.
Deadlines are generally enshrined in arbitration rules, and provide a strict timeline for both parties in the proceeding. This includes when the Claimant must submit their claim, when the Respondent must respond, and when any filings of additional evidence must be provided. Additionally, deadlines can be set for when a hearing must take place, when judgment must be given or appealed, or when an adjournment must take place. Without these deadlines, proceedings can quickly become chaotic and difficult to effectively navigate.
Any failure to meet these deadlines can come with serious consequences for the party in dispute.
The Court of Arbitration of Sport (CAS) has dealt with late submission in its jurisprudence by exercising its discretion over whether or not to allow filings after the assigned deadline based on the circumstances of the situation. This discretion by CAS has been upheld in several cases throughout its jurisprudence, as the court does its best to weigh its discretion with the fairness of both parties involved in the dispute when determining if late submissions can be allowed.
CAS jurisprudence has, however, shown that the Panel of Arbitrators can be lenient in their approach to late submissions. Provided that parties show a genuine effort to comply with the time limit, the Panel can refrain from rejecting the whole submission and offer an extension. This will depend on a variety of factors, such as the scope of the missed submission, the timing of the request for an extension and the reasons provided for the delay.