Türkiye Adalet Akademisi Dergisi

Öz

The concept of lex sportiva and the CAS Arbitration Court are mentioned in the context of the resolution of sports-related disputes through arbitration. In this context, the role and function of CAS Arbitration Court is briefly examined. In accordance with the relevant regulations, an appeal procedure has been arranged as a legal remedy before the CAS, although the finality of the decisions of the TFF boards are emphasized in the Turkish legal regulations, this situation shall be deemed applicable only to the decisions on management and discipline, it is accepted that the CAS has the authority to appellate review in terms of contractual disputes. Thus, the study examines the law to be applied by the CAS Court of Appeal in disputes between the parties to the dispute, which are often of different nationalities, within the framework of the relevant regulations and practice. Since CAS is established in Lausanne/Switzerland and most international sports organizations have their headquarters in Switzerland, the inevitable effect of Swiss law is discussed and the parties’ freedom of will in the context of applicable law is discussed. Considering the interaction between the CAS and FIFA rules and limited freedom of will granted to the parties within the framework of the relevant regulations, it is accepted that the rules and regulations of the relevant sporting organization shall be applied primarily, and then the legal rules that the parties have explicitly or implicitly chosen must be respected secondarily and as complementary. However, since athletes are often considered to be in a weaker position against clubs, associations or leagues, universal rules are often applied and Swiss law is applied as a complementary law, regardless of the choice of the parties.