Court of Arbitration for Sport at the Chamber of Commerce and Industry of the Russian Federation

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Procedure

The Court of Arbitration for Sport will only accept a dispute for arbitration if the parties in dispute have agreed to refer their dispute to it.

A third-party arbitration agreement must be made in writing by including it in a contract, or agreement, or another document signed by the parties, or by exchange of letters, telephone or teletype message, or by other means of electronic or other communication leaving a record of such agreement.

A third-party arbitration agreement may be contained in Statutory documents (Statutes, Regulation, Rules etc.) of sport organization and Rules of the competitions, if the contract or another document has reference on these statutory documents or Rules.

The appeal third-party arbitration agreement is an agreement of the parties to take a dispute to the Court of Arbitration for Sport in appeal procedure if the parties do not consent with the decision of Anti-Doping Disciplinary Committee NPP NADO “RUSADA”, another national anti-doping organizations and sport federations which was passed out of violation of anti-doping rules.

Procedure and form of the appeal arbitration agreement are determined by article 4 of Rules of the Court of Arbitration for Sport.

The Court of Arbitration for Sport draws on a roster of arbitrators approved, upon representation of the Court’s of Arbitration for Sport Presidium, by the Chamber of Commerce and Industry of the Russian Federation for a term of three years.

An arbitral tribunal consists of three arbitrators, unless the parties have agreed otherwise an arbitral tribunal in appeal procedure consists of three arbitrators. The parties may agree to appoint a sole arbitrator to adjudicate their dispute. If no agreement is reached between the parties, the President of the Court of Arbitration for Sport may appoint a sole arbitrator for them.

Article 17 of the Court’s of Arbitration for Sport Rules requires arbitrators to be independent and unbiased in performing their responsibilities, and refrain from representing any of the parties to a dispute. A person who is interested, directly or indirectly, in the outcome of the proceedings may not serve as an arbitrator.

A third-party proceeding commences with the filing of the claim, which is to contain:

• date of the claim;
• the names and locations, telephone and fax numbers, E-mails of the parties;
• justification for the jurisdiction of the Court of Arbitration for Sport;
• requirements of plaintiff;
• circumstances on which the claimant’s demands are based;
• a price of the claim;
• amount of the arbitration fee;
• full name of the arbitrator chosen by the claimant, or a request for an arbitrator to be appointed for him by the President of the Court of Arbitration for Sport, and a substitute arbitrator that may be appointed by the claimant;
• a list of documents and the other materials attached to the claim; and
• the claimant’s signature.

Documents attached to the claim:

• copy of document which has agreement of the parties to take a dispute to the Court of Arbitration for Sport;
• documents, supporting the claim;
• copy of document which confirms the payment of an arbitration costs;
• evidence of sending or transmission to the respondent of the claim and the attached documents if this actions had done by claimant.

If the claim was assigned by the representative of the plaintiff, the Power of Attorney or the other document which certifies power of the plaintiff’s representative, is attached to the claim.

The appeal claim must contain:

• date of the appeal claim;
• the names and locations, telephone and fax numbers, E-mails of claimant and body, whose decision is the subject of the appeal;
• justification for the jurisdiction of the Court of Arbitration for Sport;
• circumstances on which the claimant’s demands are based;
• copy of the decision that will be appealed;
• requirements of the claimant;
• amount of the arbitration fee;
• full name of the arbitrator chosen by the claimant, or a request for an arbitrator to be appointed for him by the President of the Court of Arbitration for Sport, and a substitute arbitrator that may be appointed by the claimant;
• a list of documents and the other materials attached to the claim; and
• the claimant’s signature.

Documents attached to the appeal claim:

• copy of document which has the appeal third-party arbitration agreement;
• documents, supporting the claim;
• copy of document which confirms the payment of a appeal arbitration costs collection;
• evidence of sending or transmission to the respondent of the claim and the attached documents if this actions had done by claimant.

If the appeal claim was assigned by the representative of the plaintiff, the Power of Attorney or the other document which certifies power of the plaintiff’s representative, is attached to the claim.

Arbitration proceedings are conducted orally on the basis of written evidence (although experts or witnesses may be called in to present evidence). Unless the parties have agreed otherwise, a record of the Court’s hearing is made.

Hearings by the arbitration court are held behind closed doors, to reassure the parties that confidentiality of the arbitration process is maintained.

The Court of Arbitration for Sport takes measures to have disputes settled in the shortest possible time.