Indian law expert proposes to create BRICS counterpart of CAS
MOSCOW, December 1 (RAPSI, Nikolay Merkulov) – Uday Prakash Warunjikar, Vice President of the Bar Association of India, has proposed to create a BRICS counterpart of the Court of Arbitration for Sport (CAS) in Lausanne, RAPSI reports from the 4th BRICS Legal Forum on Friday.
According to Warunjikar, establishment of a centralized sports agency of BRICS countries and development of sports standards are necessary for the development of sports law.
The Indian expert has negatively assessed a common practice CAS resorts to when considering cases. Athletes from BRICS countries win about 50% of medals in international competitions, and their opinion must be taken into account, he said. As the Court of Arbitration for Sport is located in Switzerland, but not in BRICS states, its rulings rise questions as to political neutrality and interest, Warunjikar added.
Ksenia Mashkova, Director for the International Cooperation Office of the Kutafin Moscow State Law University (MSAL), welcomed the suggestion of her Indian colleague.
There are frequent conflicts of jurisdictions in the sports law, she said. Actual regulations of CAS are out of keeping with the international rules and model law of arbitration, Mashkova stated.
Speaking of alleged political interest of Court of Arbitration for Sport in Lausanne, the Russian expert reminded that it was created as part of the International Olympic Committee. The highest sports judicial body is to be independent of large international sports organizations and political attitude; and it must give athletes a right to choose arbitrators, the option currently unavailable, she noted.