This dissertation was written as part of the LLM in Transnational and European
Commercial Law, Banking Law, Arbitration/Mediation at the International Hellenic
University.
The dissertation is envisioned to be a comprehensive and systematic take on the
matters of independence and impartiality of arbitrators in international arbitral
proceedings on the one side and matters relating to independence and impartiality of
arbitrators in arbitral proceedings before the Court of Arbitration for Sports (CAS) on
the other side. Recent court decisions refusing enforceability of arbitral Awards of CAS
have sent shockwaves through the international sports arbitration scene that have
initiated a revision of CAS Statute. The goal of this dissertation is to explain and analyze
the principles of independence and impartiality, the impact of procedural rules on the
independence and impartiality of individual arbitrators and point out problematic
matters for independence and impartiality of arbitrators in CAS arbitration.
The dissertation is divided into four chapters. The first chapter seeks to define
independence and impartiality in international commercial arbitration from various
arbitral and state court cases and the views of the legal profession. The second chapter
pinpoints the importance of independence and impartiality in general and in sports
arbitration. The third chapter is a brief overview of the history of CAS and its Rules. The
fourth chapter is an elaboration on the present-day status of the CAS and court
practice that is shining the light on the principles of independence and impartiality
from a different perspective.
Dr Friedrich Rosenfeld as the supervisor of this LL.M. dissertation made a contribution
by virtue of his keen practical knowledge from arbitral proceedings and I am thankful
for the opportunity to write my dissertation under his guidance and support.
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