The Court of Arbitration for Sport Jurisprudence on Match-Fixing
The International Sports Law Journal (2021) 21:27–46 https://doi.org/10.1007/s40318-021-00181-3 ARTICLE The court of arbitration for sport jurisprudence on match‑fxing: a legal update M. Diaconu1 · S. Kuwelkar1 · A. Kuhn1 Accepted: 22 January 2021 / Published online: 17 March 2021 © The Author(s) 2021 Abstract The Court of Arbitration for Sport (CAS) jurisprudence on manipulation of sports competitions has vastly evolved from its initial award in RSC Anderlecht in 1998, to now Labuts in August 2020. Alongside, international and national regulations, as well as sporting regulations, including, most recently, the Council of Europe’s Macolin Convention on the Manipula- tion of Sports Competitions, have sought to efectively tackle the omnipresent, ever-growing phenomenon of competition manipulation. Against this backdrop, this article briefy outlines the existing legal landscape on manipulation, followed by a chronological detailing of each CAS issued award. The key aspects of defning such sanctionable behaviour, select issues of standard of proof and types of evidence which are admissible and relied on, as well as the manner and quantum of sanction are then analysed. Ultimately, noting empirical trends across these awards, questions on ne bis in idem, proportionality of sanctions and legal certainty across CAS jurisprudence are raised. Keywords Manipulation of sports competitions · Match-fxing · Court of arbitration for sport · Disciplinary sanctions · Evidence · Macolin convention · Ne bis in idem · Proportionality of sanctions · Legal certainty 1 Introduction the last few years. In a recent operation called “Veto” con- ducted by Europol,3 a total of 425 ofcials, players and crimi- The manipulation of sports competitions1 is certainly not a nals, from more than 15 countries, were suspected of being new phenomenon; on the contrary, it has been reported for involved in the manipulation of more than 380 professional centuries.
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