Amendments To The Court Of Arbitration For Sport (CAS) Code

On 1 July 2025, a new version of the Code of Sports-related Arbitration (the “CAS Code”) will enter into force. The amendments, while modest in scale, carry practical implications for legal practitioners involved in international sports arbitration, including South African lawyers representing athletes, federations, and other sports bodies.

This opinion summarises the principal changes introduced in the 2025 CAS Code and offers a considered view on the potential implications for South African sports lawyers, particularly those engaging with CAS proceedings.

Summary of Key Amendments

The following are the key procedural updates:

1. Removal of Facsimile Communication

The updated Code removes the general reliance on facsimile as a method of communication. While faxes were still permissible in the 2023 Code, this amendment reflects the shift toward digital-first communication via electronic mail and the CAS e-filing platform.

2. Expanded Provision on Expedited Procedure (Article R44.4)

The new Code provides clearer guidance on how expedited procedures are initiated and governed. With mutual consent, the parties and the Panel may adopt faster timelines and reduced procedural formalities, provided these are validated by the Division President or Panel.

3. Enhanced Emphasis on Procedural Efficiency (Articles R46 and R59)

Panels are now explicitly required to ensure that procedures are conducted “quickly and efficiently.” Furthermore, the time limit for the communication of the operative part of the award has been reinforced, with a formal mechanism to remove or penalise Panels that fail to meet this timeline.

4. Value in Dispute to Influence Panel Composition (Article R50)

For the first time, the Code mandates that the President of the Appeals Division consider the value in dispute when deciding whether to appoint a sole arbitrator or a three-member Panel in the absence of party agreement.

Implications for South African Legal Practitioners

1. Digitisation and Procedural Formality

The removal of facsimile as a preferred communication method aligns with international best practice. South African practitioners accustomed to electronic litigation under the Court Online system or the SAFLII e-filing structure will likely welcome this move. However, care must be taken to adhere strictly to the CAS e-filing protocols, particularly regarding format, proof of receipt, and deadlines. The shift away from faxes also signals a broader emphasis on real-time responsiveness. Legal representatives must ensure that they (and their clients) have access to reliable digital infrastructure, especially when operating from jurisdictions like South Africa where connectivity can vary.

2. Expedited Procedure – Strategic Considerations

The refined provision on expedited procedures presents both an opportunity and a risk. For South African clients, particularly athletes or federations involved in time sensitive disputes (e.g. Olympic qualification, transfer deadlines), the expedited route may offer a more cost-effective and timely resolution. However, practitioners must carefully evaluate whether the compressed timelines could disadvantage parties unfamiliar with CAS processes or lacking legal support across multiple time zones. Counsel must also advise clients that consent to an expedited procedure is binding and once adopted, the scope for extensions or procedural challenges may be significantly curtailed.

3. Accountability and Efficiency Expectations

The formal obligation on Panels to act swiftly, combined with the possibility of removal or fee reduction for delay (under R59), underscores CAS’s intention to uphold procedural integrity and finality. Practitioners must therefore adopt a similarly disciplined approach, preparing submissions that are concise, focused, and timeous.
Additionally, counsel should track the timeline of proceedings closely and proactively engage with the CAS Court Office if delay by the Panel threatens the parties’ rights or reputational interests.

4. Panel Composition and Cost Sensitivity

The introduction of “value in dispute” as a determining factor in the appointment of arbitrators reflects a welcome shift toward cost proportionality. This is especially relevant for South African clients, who may face currency exchange disadvantages and constrained legal budgets. Practitioners should now engage more robustly in pre-hearing strategy, advocating for a sole arbitrator in lower-value disputes where appropriate. This change empowers counsel to reduce costs while still ensuring access to justice under the CAS framework.

Opinion and Recommendations

In my opinion, the 2025 CAS Code reflects a cautious yet progressive evolution in procedural efficiency, digital modernisation, and cost-consciousness. While the amendments are largely procedural, they signal a broader intent by CAS to reinforce professionalism, accountability, and agility within its tribunal system.

South African practitioners would be well-advised to:

• Familiarise themselves early with the amended Code, particularly the revised Articles R44.4, R46, R50, and R59;
• Educate clients about procedural timelines and ensure robust digital filing and communication practices;
• Assess the suitability of expedited procedures in matters involving urgent relief or limited financial stakes; and
• Consider panel composition strategically, particularly in light of the cost implications for South African clients operating in Swiss Francs.

Lastly, it is worth noting that cases initiated prior to 1 July 2025 will still be governed by the previous Code, unless both parties agree to apply the amended rules. Legal representatives should therefore clarify this option with clients and opposing counsel, especially in ongoing matters where procedural efficiency is desirable.

Conclusion

The revised CAS Code is a step in the right direction and reflects CAS’s responsiveness to technological, practical, and legal developments. For South African lawyers aiming to elevate their participation in international sports law, adapting early to these changes will not only ensure compliance but also enhance credibility within global arbitral circles.

Prepared by:

Velile Malaba
Attorney of the High Court of South Africa
Member – South African Sports Lawyers Association

References:

• Court of Arbitration for Sport (CAS), 2024. Amendments to the CAS Code in force from July 1. [online] Court of Arbitration for Sport. Available at: https://www.tas-cas.org/en/general-information/news-detail/article/amendments-to-the-cas-code-in-force-from-july-1/
• Court of Arbitration for Sport (CAS), 2024. Code of Sports-related Arbitration (CAS Code) – Amendments 2025. [pdf] Available at: https://www.tas-cas.org/fileadmin/user_upload/CAS_Code_2025_EN__amendments__01.pdf
• Sportia Law, 2024. CAS Code 2025. [LinkedIn post] 21 Jun. Available at: https://www.linkedin.com/posts/sportia-law_cas-code-2025-activity-7340338005489930242-PwZS
• Muñoz Arias, E., 2024. CAS Code amendments: Sports Lawyers take note. [LinkedIn post] 23 Jun. Available at: https://www.linkedin.com/posts/munozarias_muaehozariassportslawyers-sportslawyers-cas-activity-7341052165227982850-5aTu
• Football Legal, 2025. Amendments to the CAS Code (July 2025). [online] Football Legal, International, CAS. Published 17 June. Available at: https://football-legal.com/content/amendments-to-the-cas-code-july-2025