نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
The adjudication of sports-related disputes and the guarantee of justice in this field require mechanisms that protect the rights of the parties and prevent irreparable harm. In this context, provisional measures in the Court of Arbitration for Sport (CAS) play a key role. The primary function of these measures is to prevent irreparable damage until the issuance of a final decision on the merits. The Court considers criteria such as the necessity to avoid irreparable harm, the likelihood of success on the merits, and the balance of interests in favor of the claimant. Article R37 of the CAS Code does not impose limitations on the nature of provisional measures, which generally fall into three categories: facilitating the proceedings, preserving the status quo, and ensuring the effective enforcement of the final award. A review of CAS practice shows that provisional measures are issued with particular sensitivity in doping cases, as the fundamental principle of fair competition requires that athletes accused of violations be suspended from participation pending the final determination. Overall, the CAS system of provisional measures is evaluated as relatively effective, given that decisions are often issued swiftly, in some cases within a few days. Nevertheless, the lack of full transparency and the absence of uniformity in the issuance of such measures remain apparent. Therefore, more precise criteria for evaluating provisional measures and the establishment of coherent procedural guidelines could reduce interpretative discrepancies and enhance the efficiency of this mechanism
کلیدواژهها English