Chronicle of Maturity Foretold: the triumph of precedent in Sports Arbitration

Abstract

This article analyzes the consolidation of the precedent system in arbitration, with a particular focus on the use of this tool in sports arbitration. It is noted that, regarding the use of precedent, sports arbitration demonstrates a higher degree of institutional maturity compared to commercial and investment arbitration. Thus, through a comparative analysis, the study examines how the centralized structure of the Court of Arbitration for Sport (CAS) and its power of de novo review have enabled the transition from persuasive precedent to a binding authority. The study delves into the nature of Lex Sportiva as an autonomous transnational legal system and discusses how transparency provides the sports system with greater predictability and legal certainty.