Research on the Independence and Impartiality of the CAS Arbitrators

Comparing with the party autonomy feature in traditional commercial arbitration,sport arbitration is similar to the labor arbitration,which is reflected in the arbitrator system.Court of Arbitration for Sport(CAS)with the closed list of the arbitrators,as well as mandatory system of the appellate arbitration,which make Swiss Federal Tribunal to give special analysis to each case when the court reviews the independence of the arbitrators.In the future sports arbitration and judicial review process,in order to solve the sport disputes in a better fashion,it is important for the CAS to open the closed list of arbitrators,and set an access standard for sport arbitrators.It is better for the court to abolish the doctrine of no review of the private body;of the arbitration institute give a relax approach of the application time limitation for review;strengthen the role of the court in surveying;emphasize the duty of disclosure of the arbitrators themselves and release the burden of proof of the appellant.