The International Council of Arbitration for Sport (ICAS) : Mission, Composition & Attribution

The purpose of ICAS is to facilitate the resolution of sports-related disputes through arbitration or mediation and to safeguard the independence of CAS (Court of Arbitration of Sports) and the rights of the parties. It is alos responsible for the administration and financing of CAS. The seat of both ICAS  is in Lausanne, Switzerland.

Composition

  • ICAS is composed of twenty members, experienced jurists appointed in the following manner :
  1. four members are appointed by the International Federations (IFs), viz. three by the Association of Summer Olympic IFs (ASOIF) and one by the Association of the Winter Olympic IFs (AIOWF), chosen from within or outside their membership;
  2. four members are appointed by the Association of the National Olympic Committees (ANOC), chosen from within or outside its membership;
  3. four members are appointed by the International Olympic Committee (IOC), chosen from within or outside its membership;
  4. four members are appointed by the twelve members of ICAS listed above, after appropriate consultation with a view to safeguarding the interests of the athletes;
  5. four members are appointed by the sixteen members of ICAS listed above, chosen from among personalities independent of the bodies designating the other members of the ICAS.
  • The members of ICAS are appointed for one or several renewable period(s) of four years. Such nominations shall take place during the last year of each four-year cycle.
  • Upon their appointment, the members of ICAS sign a declaration undertaking to exercise their function personally capacity, with total objectivity and independence, in conformity with this Code. They are, in particular, bound by the confidentiality obligation provided in Article R43.

R43 Confidentiality : Proceedings under these Procedural Rules are confidential. The parties, the arbitrators and CAS undertake not to disclose to any third party any facts or other information relating to the dispute or the proceedings without the permission of CAS. Awards shall not be made public unless all parties agree or the Division President so decides. 

  • If a member of the ICAS resigns, dies or is prevented from carrying out his functions for any other reason, he is replaced, for the remaining period of his mandate, in conformity with the terms applicable to his appointment.
  • ICAS may grant the title of Honorary Member to any former ICAS member who has made an exceptional contribution to the development of ICAS or CAS. The title of Honorary Member may be granted posthumously.

Attributions

  •  ICAS exercises the following functions:
  1. It adopts and amends this Code;
  2. It elects from among its members for one or several renewable period(s) of four years:
    • the President;
    • two Vice-Presidents who shall replace the President if necessary, by order of seniority in age; if the office of President becomes vacant, the senior Vice-President shall exercise the functions and responsibilities of the President until the election of a new President;
    • the President of the Ordinary Arbitration Division and the President of the Appeals Arbitration Division of the CAS,
    • the deputies of the two Division Presidents who can replace them in the event they are prevented from carrying out their functions.
      The election of the President and of the Vice-Presidents shall take place after consultation with the IOC, the ASOIF, the AIOWF and the ANOC,The election of the President, Vice-Presidents, Division Presidents and their deputies shall take place at the ICAS meeting following the appointment of the ICAS members for the forthcoming period of four years ;
  3. It appoints the arbitrators who constitute the list of CAS arbitrators and the mediators who constitute the list of CAS mediators; it can also remove them from those lists;
  4. It resolves challenges to and removals of arbitrators, and performs any other functions identified in the Procedural Rules;
  5. It is responsible for the financing of CAS. For such purpose, inter alia;
    5.1 it receives and manages the funds allocated to its operations;
    5.2 it approves the ICAS budget prepared by the CAS Court Office;
    5.3 it approves the annual accounts of CAS prepared by the CAS Court Office;
  6. It appoints the CAS Secretary General and may terminate his duties upon proposal of the President;
  7. It supervises the activities of the CAS Court Office;
  8. It provides for regional or local, permanent or ad hoc arbitration;
  9. It may create a legal aid fund to facilitate access to CAS arbitration for individuals without sufficient financial means and may create CAS legal aid guidelines for the operation of the fund;
  10. It may take any other action which it deems necessary to protect the rights of the parties and to promote the settlement of sports-related disputes through arbitration and mediation.
  • ICAS exercises its functions itself, or through its Board, consisting of the President, the two Vice-Presidents of the ICAS, the President of the Ordinary Arbitration Division and the President of the CAS Appeals Arbitration Division.
  • The ICAS may not delegate to the Board the functions listed under Article S6, paragraphs 1, 2, 5.2 and 5.3.

Operation

  1. ICAS meets whenever the activity of CAS so requires, but at least once a year.
    A quorum at meetings of the ICAS consists of at least half its members. Decisions are taken during meetings or by correspondence by a simple majority of the votes cast. Abstentions and blank or spoiled votes are not taken into conisderation in the calculation of the required majority. Voting by proxy is not allowed. Voting is held by secret ballot if the President so decides or upon the request of at least a quarter of the members present. The President has a casting vote in the event of a tie.
  2. Any modification of this Code requires a majority ot two-thirds of the ICAS members. Furthermore, the provisions of Article S8.1 apply.
  3. Any ICAS member is eligible to be a candidate for the ICAS Presidency. Registration as a candidate shall be made in writing and filed with the Secretary General no later than four months prior to the election meeting.

    The election of the ICAS President shall take place at the ICAS meeting following the appointment of the ICAS members for a period of four years. The quorum for such election is three-quarters of the ICAS members. The President is elected by an absolute majority of the members present. If there is more than one candidate for the position of President, successive rounds of voting shall be organized. If no absolute majority is attained, the candidate having the least number of votes in each round shall be eliminated. In the case of a tie among two or more candidates, a vote between those candidates shall be organized and the candidate having the least number of votes shall be eliminated. If following this subsequent vote, there is still a tie, the candidate(s) senior in age is(are) selected.

    If a quorum is not present or if the last candidate in the voting rounds, or the only candidate, does not obtain an absolute majority in the last round of voting, the current president shall remain in his position until a new election can be held. The new election shall be held within four months of the unsuccessful election and in accordance with the above rules, with the exception that the President is elected by a simple majority when two candidates or less remain in competition.

    The election is held by secret ballot. An election by correspondence is not permitted.

  4. The CAS Secretary General takes part in the decision-making with a consultative voice and acts as Secretary to ICAS.
  • The President of ICAS is also President of CAS. He is responsible for the ordinary administrative tasks pertaining to the ICAS.
  •  The Board of ICAS meets at the invitation of the ICAS President.

The CAS Secretary General takes part in the decision-making with a consultative voice and acts as Secretary to the Board. A quorum of the Board consists three of its members. Decisions are taken during meetings or by correspondence by a simple majority of those voting ; the President has a casting vote in the event of a tie.

  • A member of ICAS or the Board may be challenged when circumstances allow legitimate doubt to be cast on his independence vis-à-vis a party to an arbitration which must be the subject of a decision by ICAS or the Board pursuant to Article S6, paragraph 4. He shall pre-emptively disqualify himself when the subject of a decision is an arbitration procedure in which a sports-related body to which he belongs appears as a party or in which a member of the law firm to which he belongs is an arbitrator or counsel. ICAS, with the exception of the challenged member, shall determine the process with respect to the procedure for challenge.
  • The disqualified member shall not take part in any deliberations concerning the arbitration in question and shall not receive any information on the activities of ICAS and the Board concerning such arbitration.

Source : http://www.tas-cas.org

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