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ICAS Annual Report 2022.

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ICAS Annual Report 2022.

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Mitansh Parekh
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© © All Rights Reserved
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CONSEIL INTERNATIONAL DE L’ARBITRAGE EN MATIÈRE DE SPORT

INTERNATIONAL COUNCIL OF ARBITRATION FOR SPORT


CONSEJO INTERNACIONAL DE ARBITRAJE DEL DEPORTE
__________________________________________________________________

INTERNATIONAL COUNCIL OF
ARBITRATION FOR SPORT (ICAS)

2022 Annual Report and Financial Statements

July 2023
Contents

Message from the ICAS President ....................................................................................................... 3

Message from the CAS Director General ............................................................................................. 4

Organizational Overview ...................................................................................................................... 5

The International Council of Arbitration for Sport (ICAS) ................................................................ 6

The Court of Arbitration for Sport (CAS)........................................................................................... 11

The CAS Ad Hoc Divisions ................................................................................................................ 13

The CAS Anti-Doping Division (CAS ADD) ..................................................................................... 15

Statistics ............................................................................................................................................... 16

ICAS Financial Statements 2022......................................................................................................... 20

2
Message from the ICAS President
I am particularly proud to have been at the Another important transformation in 2022
helm of ICAS during 2022 which was was the evolution of the ICAS Legal Aid
arguably the most transformative year in the Commission into the ICAS Athletes’
history of ICAS and CAS. Commission. This body is now composed
solely of the ICAS members appointed to
It was a great pleasure to see the building and safeguard the interests of athletes and will
renovation work at the Palais de Beaulieu have a broader mandate while at the same
conclude in the first quarter of 2022, as well time managing the legal aid applications filed
as to see both the staff and the users of CAS with the two legal aid funds, one dedicated to
enjoying the modern and state of the art football cases and one to all other cases.
premises. For the first time in its history, CAS
has a dedicated, purpose-built, home that is As usual, I was in regular contact with the
adapted to its needs. ICAS had the pleasure ICAS members and the CAS Director
of hosting the inauguration in June 2022 in General throughout the year. The ICAS
the presence of officials from the sports and Board met twice and the full ICAS also met
arbitration world, as well as from the twice. At its last meeting in December 2022,
authorities of Switzerland, the Canton de the composition of ICAS for the next four-
Vaud and the City of Lausanne. I repeat again year term 2023-2026 was established. I was
here my thanks to the Canton and to the City humbled to be reappointed to ICAS by
of Lausanne for their full support from the ANOC and honoured to be re-elected
very beginning to the end of this major step recently to serve as ICAS/CAS President for
in the history of CAS. another term. I very much look forward to
working with the members of ICAS, new and
Elsewhere, I oversaw amendments to the existing, over the next four years.
composition of ICAS which recognised the
consistently high proportion of the CAS case
load related to football disputes. ICAS voted John Coates AC
to amend the wording of Article S4 of the President
Code of Sports-related Arbitration to International Council of
Arbitration for Sport
increase its membership from 20 to 22. For
(ICAS)
the new four-year ICAS term 2023-2026,
ASOIF, the umbrella body for summer
international sports federations, has
appointed three ICAS members to represent
football’s governing body, FIFA, the leagues
and the clubs, and a further ICAS member
has been appointed to safeguard the interests
of football’s players.

3
Message from the CAS Director
General
Reflecting on 2022, the first accomplishment procedures and 8 mediation procedures, as
that I must note is the completion of the well as 12 ad hoc arbitrations.
works at the new CAS headquarters at the
Palais de Beaulieu in Lausanne and the move The Olympic Winter Games Beijing 2022
to the new premises that took place in the again took place against a backdrop of covid-
Spring of 2022. I was deeply involved in the 19 counter-measures and restrictions. The
project and am proud of the result. Writing delegation of CAS arbitrators and staff that
this message almost a year later, it has been a travelled to Beijing to operate the CAS
great satisfaction to see the staff take up their Ad hoc Division lived and worked within the
new quarters, to welcome CAS members and “Closed Loop” to operate the CAS Ad hoc
parties to arbitrations and mediations, as well Division for the Games, which functioned
as students and wider members of the sports well logistically and delivered a number of
and legal communites to educational events, important decisions. Other Ad hoc Divisions
in this superb CAS House. were held on a remote basis for the
Commonwealth Games, for the FIBA
Thanks to the governance of ICAS, the new Women’s Basketball World Cup, and for the
headquarters and its improved facilities, and FIFA World Cup.
the recruitment of additional staff members,
CAS continues to evolve and to offer A major administrative operation for the
enhanced services to its users. After difficult CAS in 2022 was the renewal of the CAS
times due to the pandemic, the scene is set membership. At the conclusion of the four-
for faster turnaround times, more frequent year term 2019-2022, the ICAS Commission
communications, the increased publication for CAS Membership reviewed the lists of
of awards and jurisprudence, and the holding CAS arbitrators and mediators and
of more educational events. established new lists for the new four-year
term 2023-2026.
A matter which influenced the CAS caseload
in 2022 was the conflict in Ukraine and its I hope you enjoy reading this latest report.
consequences for Ukrainian, Russian and
Belorussian athletes, clubs and teams. Over
20 procedures were initiated. The Court Matthieu Reeb
Office once again handled proportionally Director General
Court of Arbitration for
more proceedings related to football than to
Sport (CAS)
any other sport. The importance of football
to the CAS case load was recognised by ICAS
in 2022 and I welcome the actions
undertaken by it to enhance its engagement
with the football world.

Between 1 January and 31 December 2022,


830 procedures were registered with the
CAS: 151 ordinary procedures, 644 appeal
procedures, 15 Anti-Doping Division (ADD)

4
___________________________________________________________________________
Organizational Overview
___________________________________________________________________________

The International Council of Arbitration for Sport (ICAS) is the governing body of the Court of
Arbitration for Sport (CAS). It is a Swiss foundation of private law and of public interest. The
ICAS is composed of 22 members.

The Court of Arbitration for Sport (CAS) operates under the aegis of ICAS and resolves sports-
related legal disputes through arbitration and mediation. It is organised into three areas of activity:
the CAS appeal and ordinary arbitration procedures, the Anti-Doping Division, which issues first-
instance decisions in procedures related to doping matters, and mediation. Ad hoc structures for
the Olympic Games and other major sports events are established by ICAS when required.

5
___________________________________________________________________________
The International Council of Arbitration for Sport (ICAS)
___________________________________________________________________________

I. Overview
II. Structure
III. Composition 2019-2022
IV. Division Presidents:
a. President Appeals Arbitration Division
b. President Ordinary Arbitration Division
c. President Anti-Doping Arbitration Division
V. Commissions
a. Challenge Commission
b. Legal Aid Commission
c. Membership Commission

___________________________________________________________________________

I. Overview

The International Council of Arbitration for Sport (ICAS) is the governing body of the Court of
Arbitration for Sport (CAS). The purpose of ICAS is to facilitate the resolution of sports-related
disputes through arbitration or mediation and to safeguard the independence of CAS and the rights
of the parties. ICAS exercises the following functions:

• It adopts and amends the Code of Sports-related Arbitration;


• It elects from among its members for one or several renewable period(s) of four years:
o the President;
o three Vice-Presidents;
o the President and Deputy President of the CAS Appeals Arbitration Division of
the CAS;
o the President and Deputy President of the CAS Ordinary Arbitration Division;
o the President and Deputy President of the CAS Anti-Doping Division.
• It appoints the permanent commissions;
• It appoints the arbitrators who constitute the list of CAS arbitrators and the mediators
who constitute the list of CAS mediators on the proposal of the CAS Membership
Commission. It can also remove them from those lists;
• It resolves challenges to and the removal of arbitrators through its Challenge Commission,
and performs any other functions identified in the Procedural Rules;
• It is responsible for the financing of and financial reporting by CAS. For such purpose,
inter alia;
o it receives and manages the funds allocated to its operations;
o it approves the ICAS budget prepared by the CAS Court Office and the CAS Anti-
Doping Division Office;
o it approves the annual report and financial statements of ICAS prepared in
accordance with the requirements of Swiss Law;

6
• It appoints the CAS Director General and may terminate her/his duties upon proposal of
the President;
• It provides for regional or local, permanent or ad hoc arbitration, including at alternative
hearing centres;
• It creates a legal aid fund to facilitate access to CAS arbitration for individuals without
sufficient financial means and CAS legal aid guidelines for the operation of the funds,
including a Legal Aid Commission to decide on requests for legal aid;
• 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.

The ICAS Statutes can be consulted here.

II. Structure

ICAS is composed of twenty-two members; six of which are elected to the Board.

• Six members are appointed by the International Federations (IFs). Five of these members
are appointed by the Association of Summer Olympic IFs (ASOIF), from within or outside
its membership; and one member is appointed by the Association of the Winter Olympic
IFs (AIOWF), from within or outside its membership;
• Four members are appointed by the Association of the National Olympic Committees
(ANOC), from within or outside its membership;
• Four members are appointed by the International Olympic Committee (IOC), from within
or outside its membership;
• Four members are appointed by the fourteen members of ICAS listed above, after
appropriate consultation, with a view to safeguarding the interests of the athletes;
• Four members are appointed by the eighteen members of ICAS listed above and are
independent of the bodies designating the other members of the ICAS.

The CAS Director General takes part in ICAS decision-making and discussions with a consultative
voice and acts as Secretary to ICAS.

7
III. ICAS Composition 2019-2022 (status as at 31 December 2022)

ELISABETH STEINER JOHN COATES AC MICHAEL LENARD OLY CAROLE MALINVAUD


CORINNE SCHMIDHAUSER

President – Appeals Division Vice President & Dep. President Vice President President – Ordinary Division
SUI (AIOWF) President – Appeals Divisionn AUS (ANOC) USA (Athlete) FRA (Independent)
AUT (IOC)

ICAS BOARD

ABDULLAH AL-HAYYAN ANTONIO F. ARIMANY MOYA DODD IVO EUSEBIO


MOYA DODD EMILIO GARCÍA SILVERO
President – Anti-Doping ICAS Member
ICAS Member ICAS Member ICAS Member ICAS Member
Division ESP (ASOIF)
KUW (ANOC) ESP (ASOIF) AUS (Athlete) SUIAUS (Athlete)
(Independent)

ELLEN GRACIE- MONIQUE JAMETTI SILJA KANERVA YVONNE MOKGORO GIULIO NAPOLITANO
NORTHFLEET Dep. President – Ordinary
ICAS Member ICAS Member ICAS Member ICAS Member Division
BRA (Independent) SUI (Independent) FIN (Athlete) RSA (IOC) ITA (ANOC)

MIKAEL RENTSCH DAVID W. RIVKIN PATRICK ROBINSON TRICIA SMITH HANQIN XUE
Dep. President – Anti-
ICAS Member Doping Division ICAS Member ICAS Member ICAS Member
SWE-SUI (ASOIF) USA (ANOC) JAM (IOC) CAN (Athlete) CHN (IOC)

8
IV. Division Presidents

a. President/Deputy President Appeals Arbitration Division

The President of the Appeals Arbitration Division presides over the Appeals Arbitration Division
of the CAS. The role primarily involves issuing orders on procedural matters and appointing CAS
arbitrators as Panel Presidents and Sole Arbitrators, or as arbitrators where a party has failed to
nominate an arbitrator.

For the period 2019-2022:


President of the Appeals Arbitration Division: Ms Corinne Schmidhauser
Deputy President of the Appeals Arbitration Division: Dr Elisabeth Steiner

b. President/Deputy President Ordinary Arbitration Division

The President of the Ordinary Arbitration Division presides over the Ordinary Arbitration
Division of the CAS. The role primarily involves issuing orders on procedural matters and
appointing CAS arbitrators as Panel Presidents and Sole Arbitrators, in accordance with the
arbitration rules set out in the Code of Sports-related Arbitration.

For the period 2019-2022:


President of the Ordinary Arbitration Division: Ms Carole Malinvaud
Deputy President of the Ordinary Arbitration Division: Prof. Giulio Napolitano

c. President/Deputy President Anti-Doping Division

The President of the Anti-Doping Division presides over the Anti-Doping Division of the CAS.
The role primarily involves appointing CAS arbitrators as Panel Presidents and Sole Arbitrators,
in accordance with the arbitration rules applicable to the CAS Anti-Doping Division.

For the period 2019-2022:


President of the Anti-Doping Division: Mr Ivo Eusebio
Deputy President of the Anti-Doping Division: Mr David W. Rivkin

V. Commissions

a. Challenge Commission

The ICAS Challenge Commission resolves any petitions for challenge raised against CAS
arbitrators. It is chaired by an independently-appointed member and composed of the three
division presidents and the three deputy division presidents.

The President and Deputy President of the division in which a petition for challenge has been
raised do not participate in its resolution.

9
Composition 2019-2022:
Chair: Justice Ellen Gracie Northfleet
Members:
President of the Appeals Arbitration Division: Ms Corinne Schmidhauser
President of the Ordinary Arbitration Division: Ms Carole Malinvaud
President of the Anti-Doping Division: Mr Ivo Eusebio
Deputy-President of the Appeals Arbitration Division: Dr Elisabeth Steiner
Deputy-President of the Ordinary Arbitration Division: Prof. Giulio Napolitano
President of the Anti-Doping Division: Mr David W. Rivkin

b. Legal Aid Commission

The ICAS Legal Aid Commission considers all requests for legal aid filed in accordance with the
CAS Legal Aid Guidelines. It is chaired by the ICAS President and composed of the four ICAS
members nominated as athletes’ representatives.

Composition 2019-2022:
Chair: Mr John Coates AC
Members:
Athlete representative: Ms Tjasa Andrée-Prosenc
Athlete representative: Ms Moya Dodd
Athlete representative: Mr Michael Lenard
Athlete representative: Ms Tricia Smith

In December 2022, ICAS voted to evolve the Legal Aid Commission into the ICAS Athletes’
Commission and to create a second legal aid fund for football matters called the Football Legal
Aid Fund (FLAF).

c. Membership Commission

The ICAS Membership Commission reviews the lists of CAS arbitrators and mediators as well as
the applications of potential new CAS members. It is chaired by an independently-appointed
member and composed of the three division presidents, the three deputy division presidents and
an athlete representative.

Composition 2019-2022:
Chair: Judge Monique Jametti
Members:
President of the Appeals Arbitration Division: Ms Corinne Schmidhauser
President of the Ordinary Arbitration Division: Ms Carole Malinvaud
President of the Anti-Doping Division: Mr Ivo Eusebio
Athlete representative: Ms Tricia Smith

10
___________________________________________________________________________
The Court of Arbitration for Sport (CAS)
___________________________________________________________________________

I. Introduction
II. Premises
III. Areas of operation:
a.) Director General
b.) Finance & administration
c.) Court Office – Arbitration Services
d.) Court Office – Mediation Services
e.) Court Office – Scientific Department
___________________________________________________________________________

I. Introduction

Created in 1984, the Court of Arbitration for Sport, commonly referred to by its acronym “CAS”,
provides dispute resolution services to the sports world. Since its creation, it has settled disputes
involving athletes, coaches, federations, sponsors, agents, clubs, leagues and organizers of sports
events from almost every country in the world through arbitration and mediation procedures.

All Olympic sports federations and many other international, continental and national federations
confer jurisdiction to CAS to resolve their disputes.

II. Premises

The CAS was based at the Château de Béthusy in Lausanne, Switzerland, from 2005 until 2022. A
second office in Avenue de Rhodanie, Lausanne, Switzerland housed the Anti-Doping Division from
2019-2022. In 2022, CAS moved to new purpose-built premises at the Palais de Beaulieu in Lausanne,
Switzerland.

III. Areas of operation

a). Director General

The CAS Director General is the link between ICAS, the Court Office and the Finance and
Administration team. The Director General manages the day to day operations at the CAS Court
Office and is responsible for public relations and communications.

b). Finance & Administration

The CAS Finance and Administration Director is responsible for finance, HR and facilities
management.

11
c). Court Office – Arbitration Services

The Head of CAS Arbitration Services and a team of legal counsels, clerks and secretaries work on
the appeal and ordinary arbitration procedures.

d). Court Office – Mediation Services

CAS mediation procedures are overseen by the Head of CAS Mediation Services.

e). Court Office – Scientific Department

The Head of the Scientific Department manages a team of legal counsels who maintain the CAS
jurisprudence database, conduct legal research and share knowledge at seminars and events.

12
___________________________________________________________________________
The CAS Ad Hoc Divisions
___________________________________________________________________________

I. Overview
II. Ad Hoc Divisions in 2022

___________________________________________________________________________

I. Overview

Since 1996, ICAS has created a temporary division for each edition of the Olympic Games in order
to provide Games participants with access to a free of charge dispute resolution service on the site of
the Games that allows for the resolution of disputes within a timeframe compatible with the
competition schedule. Similar structures have been created by ICAS for other sports events such as
the Commonwealth Games, the UEFA European Championship, the FIFA World Cup and the Asian
Games.

The procedural rules applicable to the CAS Ad Hoc Division are available on the CAS website:
https://www.tas-cas.org/en/arbitration/ad-hoc-division.html

II. Ad Hoc Divisions in 2022

2022 Beijing Olympic Winter Games

From 25 January 2022 until 20 February 2022, the CAS Ad Hoc Division for the 2022 Beijing Olympic
Winter Games operated from a temporary office in Beijing, situated inside the Closed Loop area. The
CAS delegation was composed as follows:

President: Mr Michael Lenard OLY, USA


Co-President: Ms Tjasa Andrée-Prosenc, Slovenia
Co-President: Ms Corinne Schmidhauser OLY, Switzerland

Arbitrators (in alphabetical order):


• Mr Xianyue Bai, P.R. China
• The Hon. Annabelle Bennett, Australia
• Mr Jeffrey G. Benz, USA
• Judge Vesna Bergant Rakočević, Slovenia
• Dr Maria A. Gwynn, Paraguay
• Mr Lars Hilliger, Denmark
• Mr Fabio Iudica, Italy
• Mr Jingzhou Tao, France
• Mr Alain Zahlan de Cayetti, France

13
11 ad hoc arbitration procedures were conducted by the delegation in Beijing, with hearings taking
place by video-link, or in-person, for those within the Closed Loop, in compliance with the measures
set out in the Games Playbook. The arbitral awards from the 2022 Beijing Olympic Winter Games
are published in the CAS jurisprudence database.

Commonwealth Games, Birmingham, UK

An ad hoc division for the 2022 Commonwealth Games operated on a remote basis from the CAS
Court Office in Lausanne from 27 July 2022 until 7 August 2022. One arbitration procedure was
registered.

FIBA Women’s Basketball World Cup, Australia

An ad hoc division operated on a remote basis from the CAS Court Office in Lausanne from
22 September 2022 until 1 October 2022. No arbitration procedures were registered.

FIFA World Cup final round, Qatar

A remote ad hoc dvision operated from the CAS Court Office in Lausanne from 21 November 2022
until 18 December 2022. No arbitration procedures were registered.

14
___________________________________________________________________________
The CAS Anti-Doping Division (CAS ADD)
___________________________________________________________________________

I. Introduction
II. Court Office
III. Procedures
a. First Instance
b. Ad hoc ADD arbitrations
c. Activity in 2022

___________________________________________________________________________

I. Introduction

The CAS ADD simplifies anti-doping procedures for the International Federations (IFs) by providing
for first-instance adjudication of doping matters by an independent authority composed of anti-
doping specialists, a harmonization of decisions and principles, as well as reduced costs.

It first operated on a temporary basis at the Rio 2016 Olympic Games and the PyeongChang 2018
Olympic Winter Games, and became a permanent division of CAS in January 2019.

II. Court Office

The Anti-Doping Division is overseen on a daily basis by its Managing Counsel, assisted by the ADD
secretariat.

III. CAS ADD Procedures

The CAS ADD conducts its procedures in accordance with the applicable anti-doping rules of the
sports federations and/or bodies concerned and is tasked with establishing whether or not there has
been a violation of the anti-doping rules, as well as deciding any sanction, if applicable, in accordance
with the World Anti-Doping Agency (WADA) Code.

The arbitration rules applicable to the CAS ADD are published here.

IV. Activity in 2022

The CAS ADD conducted 15 procedures in 2022.

15
___________________________________________________________________________
Statistics
___________________________________________________________________________

I. General Statistics
II. Evolution of the case load in the last 5 years
III. Language
IV. Subject
V. Challenges
VI. Legal Aid
VII. Swiss Federal Tribunal

___________________________________________________________________________

I. General statistics

Here is the table with the cases submitted to the CAS since its creation.
It is also published on its website:

Procédures Procédures Procédures ad Procédures Procédures de Procédures


ordinaires / d’appel / hoc / Anti-Doping/ médiation / consultatives /
YEAR Ordinary Appeal Ad hoc Anti-Doping Mediation Consultation
TOTAL
procedures Procedures Procedures Procedures Procedures Procedures

1986 1 1 2
1987 5 3 8
1988 3 9 12
1989 5 4 9
1990 7 6 13
1991 13 5 18
1992 19 6 25
1993 13 14 27
1994 10 7 17
1995 2 8 0 3 13
1996 4 10 6 1 21
1997 7 11 0 2 20
1998 4 33 5 3 45
1999 8 24 0 1 1 34
2000 5 55 15 0 1 76
2001 10 32 0 2 0 44
2002 9 66 8 1 3 87
2003 61 46 0 1 2 110
2004 9 252 10 2 0 273
2005 9 185 0 3 4 201
2006 17 175 12 3 0 207
2007 22 230 0 1 0 253
2008 26 276 9 4 2 317

16
Procédures Procédures Procédures ad Procédures Procédures de Procédures
ordinaires / d’appel / hoc / Anti-Doping/ médiation / consultatives /
YEAR Ordinary Appeal Ad hoc Anti-Doping Mediation Consultation
TOTAL
procedures Procedures Procedures Procedures Procedures Procedures

2009 25 245 0 4 5 279


2010 49 244 5 6 0 304
2011 71 294 0 1 366
2012 62 301 11 4 378
2013 58 349 0 4 411
2014 68 349 10 6 433
2015 88 410 0 3 501
2016 100 458 28 13 10 609
2017 111 461 0 0 12 584
2018 116 463 15 5 7 606
2019 107 493 0 5 4 609
2020 129 811 0 8 9 957
2021 147 796 15 29 9 996
2022 151 644 12 15 8 830
TOTAL 1551 7721 161 75 105 82 9695

Comments:
Prior to the entry into force of the Code of Sports-related Arbitration (22 November 1994) there were only ordinary arbitration procedures and
advisory opinions. The consultation procedure was discontinued on 1 January 2011. The mediation procedure was created in 1999. The CAS Anti-
doping Division was created for the period of the OG 2016 (Rio de Janeiro) and 2018 (Pyeongchang). It became permanent in 2019.

II. Evolution of the case load in the last 5 years

In 2022, a total of 830 procedures were registered. Appeal arbitration procedures form the backbone
of the CAS caseload and have significantly increased in number over the last five years.

811 796

644

493
463

147 151
116 129 Anti-Doping
107
Mediation
15 0 0 15 12
9 9
Ad hoc
7 4 8
8 29 15
5 5 Ordinary
Appeal
2018 2019 2020 2021 2022

17
III. Language

In 2020, ICAS adopted Spanish as the third official language for CAS arbitrations (the other official
languages being English and French).

Other
1%

French
11%
Spanish
11%

English
77%

With the agreement of the parties and the Arbitral Panel, CAS arbitrations can be conducted in other
languages. In 2022, a small number of arbitrations were conducted in Italian and German.

IV. Subject

Of the 830 Ordinary and Appeal arbitration procedures registered by the CAS in 2022, the majority
were related to employment-related contractual disputes:

18
Drilling down into the 164 Ordinary and Appeal arbitration procedures related to disciplinary
matters, the majority were related to doping:

DOPING 73

OVERDUE PAYABLES (FOOTBALL) 18

ETHICS 9

MATCH-FIXING 6

OTHER 58

V. Challenges

In the course of 2022, the ICAS Challenge Commission considered 7 petitions for challenge that had
been filed by the parties to CAS arbitrations against CAS arbitrators. The ICAS Challenge
Commission dismissed 5 petitions and ruled that 2 were inadmissible.

VI. Legal Aid

Of the 57 applications for legal aid assistance considered by the ICAS Legal Aid Commission in 2022,
assistance was provided in over 2/3rds of cases.

Fully Granted Partially Granted Denied


13 22 22

VII. Swiss Federal Tribunal

In 2022, 27 appeals against CAS awards were filed at the Swiss Federal Tribunal (SFT). 22 were
dismissed and 5 were withdrawn.

Main ground for appeal:


- Incorrect constitution of the arbitral tribunal: 3
- Lack of jurisdiction: 5
- Violation of the right to be heard: 14
- Violation of public policy: 1
- Other grounds: 4

19
____________________________________________________________________________
ICAS Financial Statements 2022
___________________________________________________________________________

The Foundation International Council of Arbitration for Sport (ICAS), domiciled in Lausanne,
Switzerland, is a non-profit foundation which was established in Lausanne on 22 November 1994. It
is governed by the rules of the Swiss Civil Code and overseen by the Autorité de surveillance LPP et des
fondations de Suisse occidentale.

As a private foundation of public interest, the ICAS is exempted from the payment of taxes.

The financial statements 2022 were prepared in accordance with the commercial accounting
provisions of the Swiss Code of Obligations (Articles 957 to 963b, in force since 1 January 2013) and
were audited by PricewaterhouseCoopers SA (PWC). The financial statements 2022 were approved
during the ICAS Meeting of May 2023.

The presentation currency and financial currency is the Swiss franc (CHF).

The financial statements 2022 attached to this document and are published in their entirety, as
prepared by PWC.

20
Foundation International Council of Arbitration for Sport (ICAS), Lausanne

Balance sheet as at 31 December 2022

Notes 2022 2021


CHF CHF

Assets
Current assets
Cash and cash equivalents 28 357 830 20 113 290
Term investments 7 000 000 7 000 000
Trade and other receivables 721 379 10 064 099
Other current assets 699 341 620 851
36 778 550 37 798 240
Non-current assets
Property, plant and equipment 3 24 938 999 27 503 878
24 938 999 27 503 878
Total assets 61 717 549 65 302 118

Liabilities
Current liabilities
Trade and other payables 5 073 991 3 783 247
Other current liabilities 4 26 532 762 25 591 591
Provisions 5 900 000 860 000
32 506 753 30 234 838
Non-current liabilities
Long term debts 6 20 450 000 13 500 000
20 450 000 13 500 000
Total liabilities 52 956 753 43 734 838
Equity 8 8 760 796 21 567 280
Total liabilities and equity 61 717 549 65 302 118

The notes 1 to 15 are an integral part of these financial statements.


(21)
Foundation International Council of Arbitration for Sport (ICAS), Lausanne

Income statement for the year ended 31 December 2022

Accounts Accounts
Notes 2022 2021
CHF CHF

Revenue
Contribution of the Olympic Movement 7 500 000 7 500 000
Contribution of the Olympic Movement for the CAS ADD 271 454 194 434
Contribution of the FIFA 1 500 000 1 500 000
Other contribution of Sports Bodies 5 061 5 400
Contribution of the parties to the costs of proceedings 10 885 038 9 438 541
Contribution of the parties to the costs of mediations 14 628 5 661
Other income 21 664 12 806
Total revenue 20 197 845 18 656 842
Operating expenses
Expenses of arbitration 9 9 258 941 8 593 090
Expenses of the CAS ADD 136 390 48 948
Expenses of mediation 12 477 3 200
Personnel expenses 10 7 401 240 6 550 032
Servicing computer equipment and internet 158 086 94 813
Rent and expenses 456 503 412 898
Management costs 11 497 502 284 945
CAS seminars 66 114 -
CAS Ad Hoc Divisions 409 362 436 514
Administrative costs 12 464 733 461 558
Beaulieu costs 98 675 172 810
Depreciation of property, plant and equipment 88 959 81 110
Allocation to provision for free arbitration procedures 5 40 000 60 000
Bad debt losses 504 041 563 101
Total operating expenses 19 593 023 17 763 019

Surplus before financial income 604 822 893 823


Financial income (costs)
Finance income (costs) (110 254) (107 180)
Net foreign exchange profit (loss) (1 457) 2 120
Total financial income (costs) (111 711) (105 060)

Surplus for the year before extraordinary depreciation 493 111 788 763

Extraordinary depreciation Beaulieu (13 000 000) -

(Loss) / Surplus for the year (12 506 889) 788 763

The notes 1 to 15 are an integral part of these financial statements.


(22)
Foundation International Council of Arbitration for Sport (ICAS), Lausanne

Note 8
Changes in equity for the year ended 31 December 2022

Reserve for
Reserve for Retained
Capital building Total
legal aid earnings
works
CHF CHF CHF CHF CHF

Equity as at 1 December 2021 171 383 553 850 13 000 000 7 299 903 21 025 136

Surplus for the year - - - 788 763 788 763

Total comprehensive income for the year 788 763 788 763
Allocation to reserve for legal aid - - - - -
Use of the reserve for legal aid - (246 619) - - (246 619)

Equity as at 31 December 2021 171 383 307 231 13 000 000 8 088 666 21 567 280

Loss for the year - - (13 000 000) 493 111 (12 506 889)

Total comprehensive income for the year (13 000 000) 493 111 (12 506 889)
Allocation to reserve for legal aid - - - - -
Use of the reserve for legal aid - (299 595) - - (299 595)

Equity as at 31 December 2022 171 383 7 636 - 8 581 777 8 760 796

The notes 1 to 15 are an integral part of these financial statements.


(23)
Foundation International Council of Arbitration for Sport (ICAS), Lausanne

Notes for the year ended 31 December 2022

1 General information

Foundation International Council for Sport Arbitration (ICAS), domiciled in Lausanne,


Switzerland, is a non-profit Foundation which was established in Lausanne November 22, 1994
and is governed by the rules of the Swiss Civil Code.

The task of the ICAS is to facilitate the settlement of sports-related disputes through arbitration
or mediation and to safeguard the independence of the Court Arbitration for Sport (CAS) and
the rights of the parties. To this end, it looks after the administration and financing of the CAS.

The Court Arbitration for Sport (CAS) sets in operation Panels whose mission is to resolve by
arbitration and/or mediation disputes referred in the field of sport, in conformity with the
Procedural rules. To this end, the CAS attends to the constitution of Panels and the smooth
running of the proceedings. It places the necessary infrastructure at the disposal of the parties.

2 Summary of significant accounting policies

These financial statements are approved by the Foundation Council of the ICAS and cannot be
changed after approval. The principal accounting policies applied in the preparation of these
financial statements are set out below. These policies have been consistently applied to all the
years presented, unless otherwise stated.

2.1 Basis of presentation

These annual financial statements have been prepared in accordance with the commercial
accounting provisions of the Swiss Code of Obligations (Articles 957 to 963b, in force since
January 1, 2013). The main balance sheet and income statement items are accounted for as
follows. The presentation currency and functional currency is the Swiss franc (CHF). Where
necessary, comparative figures have been adjusted to conform with changes in presentation
in the current year. There is no impact on earnings or equity.

2.2 Foreign currency translation

Revenues and expenses in foreign currencies are recognised at exchange rates prevailing at
the dates of transactions. Gains and losses on the settlement of such transactions and from
the translation of assets and liabilities denominated in foreign currencies are recognised in the
income statement. The non-monetary items denominated in foreign currencies, which are
valued at historical cost are translated using the exchange rates prevailing at the date of
transaction.

(24)
2.3 Cash and cash equivalents

Cash and cash equivalents includes cash on hand and bank accounts freely available with
original maturities of three months or less.

2.4 Term investments

Term investments are savings bank accounts with a fixed term of more than three months and
up to twelve months.

2.5 Trade and other receivables

Trade and other receivables are recognised initially at fair value. They are subsequently
measured at amortised cost. A provision for impairment of trade receivables is established
when there is objective evidence that the ICAS will not be able to collect all amounts due.

2.6 Other current assets and liabilities

Other current assets and liabilities are recognised initially at fair value. Other current assets
are prepaid expenses and accrued income with maturities less than twelve months. Other
current liabilities are the advances of costs on paying procedures, the Court Office fees for
procedures unopened and accrued liabilities with maturities less than twelve months.

2.7 Property, plant and equipment

Property, plant and equipment is stated at historical cost less accumulated depreciation and
any accumulated impairment losses. Historical cost includes expenditure that is directly
attributable to bringing the asset to the location and condition necessary for it to be capable
of operating in the manner intended by management.

Depreciation is calculated using the straight-line method based over their estimated useful
lives as follows:

- Furniture and fixtures 5 years


- IT equipment 3 years
- Building 50 years

The assets’ residual values, useful lives and depreciation methods are reviewed, and adjusted
prospectively if appropriate, if there is an indication of a significant change since the last
reporting date.

An asset’s carrying amount is written down immediately to its recoverable amount if the
asset’s carrying amount is greater than its estimated recoverable amount. This reduction is an
impairment loss which is recognised immediately in the income statement.

Gains and losses on disposals are determined by comparing the proceeds with the carrying
amount and are recognised in the income statement.

(25)
2.8 Trade and other payables

Trade and other payables are recognised initially at fair value. They are subsequently measured
at amortised cost.

2.9 Provisions

The provision for arbitration procedures without financial contribution from the parties is
estimated at the end of each period of financial reporting. The ICAS estimates reliably the
number of the arbitration procedures without financial contribution from the parties which
are still open at the end of the period and assesses the probable costs that will have these
procedures in the twelve months following the closing date. The variation of the provision is
recognised in the income statement.

2.10 Revenue recognition

Annual contribution

The financial contributions of the Olympic Movement and Sport Bodies are recognised as
income in the period in which they are due. The Convention concerning the constitution of the
ICAS of 22 June 1994 provides in Article 3 that the Olympic Movement (IOC, ASOIF, AIWF and
ANOC) undertakes mutually to provide to the ICAS funding for its activities and those of the
CAS to the extent that will be determined by the ICAS. A similar agreement between FIFA and
the ICAS provides that FIFA pays an annual financial contribution to the ICAS in order to ensure
the financing of its activities and those of the CAS in the field of football.

Contribution of the parties to the costs of proceedings

The financial contribution of the parties to the costs of proceedings is recognised as income in
the period during which the breakdown of costs for the procedure was established. It is only
at such point that the revenue and costs can be reliably estimated. The Court Office fee from
the parties is recognised as income at the time it is paid because the procedural rules (R64.1)
provide that the court fee is retained.

Other income

Other income is recognised as income in the period in which it is due.

Financial income

Interest income is recognised using the effective interest method.

2.11 Income and capital taxes

The ICAS is income and capital taxes exempt by decision of 14 December 1994 from the
Cantonal Tax Administration of the Canton of Vaud.

(26)
2.12 Leases

Leases in which all the risks and rewards of ownership have been effectively transferred to the
Foundation are classified as finance leases. Finance leases are recognised at the date of the
contract at the lower of the fair value of the leased property or, if it is lower, the present value
of minimum lease payments.

Each lease payment is apportioned between the liability and finance charges using the
effective interest method. Finances charges are recognised in the statement of activities in the
lease period.

Leases in which a substantially all risks and rewards of ownership are retained by the lessor
are classified as operating leases. Payments made under operating leases are charged to the
income statement on a straight-line basis over the period of the lease. ICAS has not at the
moment any finance lease.

3 Property, plant and equipment


Equipment and Construction
Computer furniture Beaulieu
Equipment Beaulieu headquarters Total
CHF CHF CHF

Net carrying amount


at 1 January 2021 162 220 262 928 13 696 163 14 121 311
Acquisitions - 809 819 12 653 858 13 463 677
Depreciation (81 110) - - (81 110)
Net carrying amount
81 110 1 072 747 26 350 021 27 503 878
at 31 December 2021

At 31 December 2021
Costs 243 353 1 072 747 26 350 021 27 666 121
Accumulated depreciation (162 243) - - (162 243)
Net carrying amount 81 110 1 072 747 26 350 021 27 503 878

Net carrying amount


at 1 January 2022 81 110 1 072 747 26 350 021 27 503 878
Acquisitions 23 449 1 562 627 8 938 004 10 524 080
Depreciation (88 959) - (13 000 000) (13 088 959)
Net carrying amount
15 600 2 635 374 22 288 025 24 938 999
at 31 December 2022

At 31 December 2022
Costs 266 802 2 635 374 35 288 025 38 190 201
Accumulated depreciation (251 202) - (13 000 000) (13 251 202)
Net carrying amount 15 600 2 635 374 22 288 025 24 938 999

An extraordinary depreciation of CHF 13 million was recognized in the period 2022 for the
construction of the headquarters in Beaulieu. This depreciation corresponds to the amount of
the reserve for building works in equity.

(27)
4 Other current liabilities

2022 2021
CHF CHF

Advances of costs on paying procedures 25 740 851 24 926 232


Court Office fees for procedures unopened 491 351 459 033
Accrued liabilities 300 560 206 326
26 532 762 25 591 591

5 Provisions

Provision for arbitration procedures without


financial contribution from parties
CHF
Net carrying amount
at 1 January 2021 800 000
Allocation of the year 60 000
Net carrying amount
860 000
at 31 December 2021
Net carrying amount
at 1 January 2022 860 000
Allocation of the year 40 000
Net carrying amount
900 000
at 31 December 2022

Number of open procedures at 31 December 2022 ; 90 (at 31 December 2021 ; 86)

6 Long term debts

A mortgage loan of a maximum amount of CHF 19,000,000 has been granted. This loan is
secured by a registered mortgage note in the amount of CHF 19,000,000 in first rank. At 31
December 2022, a credit amount of CHF 11,250,000 has been paid.

The Canton of Vaud has granted to the ICAS a cantonal loan based on the law on support for
economic development (LADE) in the amount of CHF 10,000,000 without interest, over 25
years. This loan is guaranteed by a mortgage note for a maximum amount of CHF 10,000,000,
in 2nd rank. At 31 December 2022, an amount of CHF 9,200,000 has been paid by the Canton
of Vaud.

7 Pension obligations at 31 December 2022

At 31 December 2022, there was no debt against the occupational benefit plan.

8 Equity

The equity of ICAS is composed of the capital of the Foundation, the reserve for legal aid, the
reserve for future building works and the retained earnings.

(28)
The reserve for legal aid is a legal aid fund to facilitate access to CAS arbitration for natural
persons without sufficient financial means. The operation of the legal aid fund including
criteria to access the funds is set out in the CAS legal aid guidelines.

9 Expenses of arbitration

2022 2021
CHF CHF

Fees for arbitrators 8 677 407 7 706 887


Fees for ad hoc clerks 435 902 563 040
Expenses of arbitrators 145 632 323 163
9 258 941 8 593 090

10 Personnel expenses

2022 2021
CHF CHF

Salary costs and other charges of fixed staff 5 496 400 4 884 873
Social charges 1 670 146 1 464 292
CAS court office 234 694 200 867
7 401 240 6 550 032

The number of employees was 48 at 31 December 2022 (42 at 31 December 2021).

11 Management costs

2022 2021
CHF CHF

Meetings of the ICAS 245 134 26 802


Decentralized offices 3 302 35 143
Expenses and indemnities ICAS Board & Commissions 217 000 223 000
Inauguration of the new CAS headquarters 32 066 -
497 502 284 945

12 Administrative costs

2022 2021
CHF CHF

Insurance charges 51 670 51 292


Fees for accounting 25 871 22 805
Postage / DHL 216 488 227 247
Other administrative costs 170 704 160 214
464 733 461 558

(29)
13 Commitments

The future minimum lease payments receivable under non-cancellable operating leases are as
follows:

2022 2021
Operating leases commitments CHF CHF

No later than 1 year 14 876 68 076


Later than 1 year and no later than 5 years - -
Later than 5 years - -
14 876 68 076

14 Related party transactions

The ICAS members are not employed by the ICAS. Eleven members receive indemnities for
their activities as CAS President/Vice-Presidents, Divisions Presidents/deputies, Chairman of
the Challenge Commission and Chairman of the Membership Commission. The ICAS covers all
expenses related to the performance of their duties, in particular the travel, accommodation,
meals and daily expense allowances. These expenditures are included in the section
‘Management costs’ in the income statement (Note 11).

15 Events after the end of the reporting date

There are no events after the end of the reporting date.

(30)
Foundation International Council
of Arbitration for Sport (ICAS)
Lausanne

Report of the statutory auditor to the


Foundation Council

on the financial statements 2022

(23)
Report of the statutory auditor
on the limited statutory examination to the Foundation Council of
Foundation International Council of Arbitration for Sport (ICAS)
Lausanne

As statutory auditor, we have examined the financial statements of Foundation International Council of Arbitration for
Sport (ICAS) (pages 11 to 20), which comprise the balance sheet, income statement and notes, for the year ended 31
December 2022.

These financial statements are the responsibility of the CAS Court Office. Our responsibility is to perform a limited
statutory examination on these financial statements. We confirm that we meet the licensing and independence
requirements as stipulated by Swiss law.

We conducted our examination in accordance with the Swiss Standard on the Limited Statutory Examination. This
standard requires that we plan and perform a limited statutory examination to identify material misstatements in the
financial statements. A limited statutory examination consists primarily of inquiries of foundation personnel and analytical
procedures as well as detailed tests of foundation documents as considered necessary in the circumstances. However,
the testing of operational processes and the internal control system, as well as inquiries and further testing procedures to
detect fraud or other legal violations, are not within the scope of this examination.

Based on our limited statutory examination, nothing has come to our attention that causes us to believe that the financial
statements do not comply with Swiss law and the foundation’s deed and the internal regulations.

PricewaterhouseCoopers SA

Patrick Wagner
Pa Priscille Matthey
Licensed audit expert
Auditor in charge

Lausanne, 9 May 2023

PricewaterhouseCoopers SA, avenue C.-F. Ramuz 45, case postale, 1001 Lausanne, Switzerland
Téléphone: +41 58 792 81 00, www.pwc.ch

PricewaterhouseCoopers SA is a member of the global PricewaterhouseCoopers network of firms, each of which is a separate and independent legal entity.

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