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"Fast-track" indeed! The first case handled by the ad hoc Division of the Court of Arbitration for Sport (CAS), at the 1996 Olympic Games in Atlanta, was filed at 6.10 p.m.; the hearing began at 11.00 p.m. and concluded at 12.30 a.m.; and the decision was issued at 2.00 a.m. less than 8 hours from start to finish! The real winner, although not an actual party to the case, was Irish swimmer Michelle Smith: the tribunal's decision put her on her own "fast track" to win the Olympic gold medal in the women's 400-metre freestyle. Gabrielle Kaufmann-Kohler relates the history of the ad hoc Division of CAS- of which she was President during its first 4 years of existence-from its creation in 1996, through its work at the Atlanta Games (July-August 1996), the Nagano Games (February 1998) and the Sydney Games (September-October 2000). She does so, however, in a reverse chronological order that some readers may find difficult. In addition to summaries of many of the cases brought before the ad hoc Division, Ms Kaufinann-Kohler discusses the legal issues confronting such arbitrations (and includes the full text of the decision of an Australian court upholding the central issue of choice of place of arbitration) as well as addressing the more philosophical questions of speed versus justice and speed versus quality. This latter discussion, presented in the book's first section, may be of especial relevance for investment disputes, where "time is of the essence" and wronged investors expect "prompt, adequate and effective compensation".
Journal of World Investment and Trade – Brill
Published: Jan 1, 2003
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