The court of arbitration for sport jurisprudence on match-fixing: a legal update
Madalina Diaconu, Surbhi Kuwelkar & André Kuhn
| Abstract |
The Court of Arbitration for Sport (CAS) jurisprudence on
manipulation of sports competitions has vastly evolved from its
initial award in RSC Anderlecht in 1998, to now Labuts in August
2020. Alongside, international and national regulations, as well as
sporting regulations, including, most recently, the Council of
Europe’s Macolin Convention on the Manipula-tion of Sports
Competitions, have sought to effectively tackle the omnipresent,
ever-growing phenomenon of competition manipulation. Against this
backdrop, this article briefly outlines the existing legal
landscape on manipulation, followed by a chronological detailing of
each CAS issued award. The key aspects of defining such sanctionable
behaviour, select issues of standard of proof and types of evidence
which are admissible and relied on, as well as the manner and
quantum of sanction are then analysed. Ultimately, noting empirical
trends across these awards, questions on ne bis in idem,
proportionality of sanctions and legal certainty across CAS
jurisprudence are raised. |
| Keywords |
Manipulation of sports competitions · Match-fixing · Court of arbitration for sport · Disciplinary sanctions · Evidence · Macolin convention · Ne bis in idem · Proportionality of sanctions · Legal certainty |
| Citation | Diaconu, M., Kuwelkar, S., & Kuhn, A. (2021). The court of arbitration for sport jurisprudence on match-fixing: a legal update. The International Sports Law Journal, 21(1), 27-46. |
| Type | Journal article (English) |
| Date of appearance | 17-3-2021 |
| Journal | The International Sports Law Journal |
| Volume | 21 |
| Issue | 1 |
| Pages | 27-46 |
| URL | https://doi.org/10.1007/s40318-021-00181-3 |
| Related project | Commentary of the Macolin Convention against the Manipula... |