The Court of Arbitration for Sport and Its Jurisprudence - An Empirical Inquiry into Lex Sportiva
Series: ASSER International Sports Law Series
- Published: March 2019
- Pages: xiv + 348 pp., 60 ill. (39 fc)
- Publisher: T.M.C. ASSER PRESS
- Distributor: Springer
- Formats: Hardcover, eBook and online on SpringerLink
- ISBN: 978-94-6265-284-2
- E-ISBN: 978-94-6265-285-9
This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level.
It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally.
While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sport, the lex sportiva.
The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies.
Johan Lindholm is a Professor of Law at Umeå University in Sweden.
Specific to this book:
- Offers an unrivalled insight into all aspects of the CAS and the case law related thereto
- Investigates the actors involved in adjudication before the CAS
- The quantitative empirical approach undertaken is completely unique
Excerpts from book reviews:
In sum, in this intellectual, erudite work, Lindholm, relying on a network analysis, proves that in large part CAS retains the characteristics of the oldest network in sport – the old boys’ club, and an old Swiss boys’ club at that.
Jack Anderson,The Court of Arbitration for Sport under intellectual and efficacious scrutiny, 25 September 2019, idrottsforum.org
Read the full review at: https://idrottsforum.org/andjac_lindholm190925/
From SpuRt - Zeitschrift fur Sport und Recht:
Johan Lindholm, Professor in Umeå (Sweden) and Editor-in-Chief of the International Sports Law Journal (ISLJ), is a lawyer with an affinity for sports, who is also familiar with data science and network analysis, which he has already proven through other publications on issues of sports law. In this book he deals with the Court of Arbitration for Sport (CAS) and analyses both legal and other sources. His aim is to challenge the conventional understanding of CAS and to analytically evaluate all publicly available arbitral awards. However, his undertaking is broader and more empirical, because Lindholm also attempts to include the main stakeholders of CAS, especially as regards the precedent-setting function of the CAS, as well as the diffusion of the transnational lex sportiva.
Johan Lindholm shows how jurisprudence can be reapprehended by using modern social science empirical methods.
Dr. Jacob Kornbeck, Brussels, in SpuRt 3/2020, book review of Johan Lindholm's The Court of Arbitration for Sport and Its Jurisprudence. An Empirical Inquiry into Lex Sportiva, The Hague & Heidelberg: Asser Press & Springer (Asser International Sports Law Series), 2019. Hardcover $149,99, E-Book $109,99. ISBN: 978-94-6265-285-9.
For more information, see: SpuRt - Zeitschrift für Sport und Recht.
This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval.