The Right to a fair trial in sports arbitration

Abstract

The research centers on the alternate dispute resolution method of sports arbitration and specifically, the right to a fair trial within this dispensation. Being as the topic a right to a fair trial is a broad one, emphasis shall be placed on two elements, that of the right to be presumed innocent before being found guilty and the right to access to justice. The main method of research used was that of looking into various forms of literature, statute, reports and various cases that touch on the subject. The major findings from the research showed that, in respect to the Court of Arbitration for Sport (CAS), they have measures in place that safeguard an athlete's right to a fair trial, however when it comes to doping allegations, stricter measures are put into place to curb the crime which has led to speculation as to whether the process of adjudicating doping offences respects one's right to be presumed innocent before being proved guilty. As regards access to justice, CAS has its main institute based in Lausanne, Switzerland, but they also have various offices spread out across the globe. The only issue that arises is that one is bound to pay a registration fee when •filing a case with CAS which amounts to over 100,000 Ksh. And whether this fee could be waived.