Research On The Transparency Of International Sports Arbitration

The transparency of arbitration involving national security,public interest,and human rights has become an indisputable fact.The confidentiality of arbitration is no longer an unshakable fundamental.The transparent reform of international investment arbitration is famous.It is the most perfect field of transparency in the field of international arbitration.Taking international investment arbitration as an example,to discusses the origin,concept,main content and significance of transparency in international arbitration.As the "World Supreme Court" that deals with sports disputes,Taking CAS as the research object and discusses the transparency of international sports arbitration has practical significance.The transparency of international sports arbitration is necessary,the demand for procedural justice and the lack of independence of CAS for the sake of expanding autonomy are the main reasons for the transparency of CAS;the high timeliness requirements for sports arbitration may lead to drawbacks of the sports arbitration,as well as the requirements of the potential parties for obtaining decisions,also determine that transparency is a necessary condition for sports arbitration.The appeal procedure is the core of CAS.Appeal arbitration and international investment arbitration have similarities.The parties’ unequal status,the non-private nature of arbitration topics,and the public nature of the awards demonstrate the feasibility of CAS ’s transparency.Taking "Code of Sports-related Arbitration" and "Rules for the arbitration of the Olympic Games" as examples,the transparency of CAS manifests in the disclosure of arbitrators’ lists,the transparency of arbitral procedures,and the disclosure of appeal awards.The publicity of the arbitral procedure reflected in four aspects,such as the opening of the appeal proceedings,the participation of third parties in arbitration,merger arbitration,and the involvement of auxiliaries.Although CAS has stipulated the corresponding transparency clauses and mechanisms,there are still three major issues,such as limited disclosure of arbitrator information,unpublished court,and limited disclosure of appeal decisions.In order to improve the transparency of CAS,addressing these issues,In addition,publicizing the process of the selection of arbitrators by the ICAS,improving the methods for designating the chief arbitrators,exposing the reasons for the various CAS decisions,and establishing the party’s arbitration feedback mechanism can effectively improve the transparency of CAS procedures,so as to balance the disclosure of substantive CAS documents and the process disclosure.