Recent court decisions in Europe have once again brought the role of sports arbitration under close scrutiny. In Semenya v. Switzerland, the European Court of Human Rights declared inadmissible the athlete’s complaints under Articles 8, 13 and 14 of the European Convention on Human Rights, finding that the regulations in question originated from the IAAF in Monaco and thus fell outside Switzerland’s jurisdiction. However, the Court did establish a violation of Article 6 § 1, ruling that the Swiss Federal Supreme Court had an obligation to guarantee Ms. Semenya’s right to a fair hearing when reviewing the arbitral award of the Court of Arbitration for Sport (CAS).

In parallel, the Court of Justice of the European Union has clarified in the RFC Seraing case that CAS awards cannot be insulated from EU law scrutiny. The ruling emphasises that while arbitration remains an important tool for resolving disputes in sport, mandatory clauses must be accompanied by safeguards to protect fundamental rights, free movement, and competition law. National courts are expected to ensure that CAS decisions are subject to effective judicial review when EU law is engaged. Taken together, these judgments highlight an increasing demand for accountability and transparency in sports arbitration, with potential long-term implications for athletes, clubs, and governing bodies operating within the European legal framework.