ABSTRACT
The author discusses the particular and unique elements of practice and procedure before the Court of Arbitration for Sport (CAS) and explains that such practice has several similarities with the traditions of common law systems. He critically assesses specific elements of practice such as the standard of proof, examination of witnesses, the use of presumptions and negative inferences, along with the use by CAS Panels of previous decisions and concludes that although there is no declared system of binding precedent, in practice, CAS Panels, silently, operate a form of such binding precedent. He explains that such system will enhance the rights of athletes during litigation (particularly during the Olympic Games) and he calls for ICAS to declare a system of binding precedent before the CAS.
