Remedies for defects in arbitral tribunal formation by the Court of Arbitration for Sport——An interpretation based on CAS arbitration codes and rules

The arbitral tribunal formation system is a critical part of the international sports arbitration system;problems it has in terms of independency,confidentiality and quickness are 3 major defects in arbitral tribunal formation.Whereas the quality of an arbitral tribunal is closely related to the quality of arbitration,various arbitration systems,which include CAS arbitration codes and Olympic arbitration rules,are all striving to set up a arbitral tribunal formation defect remedy system.The remedy system includes such 3 aspects as remedy subject,remedy measure and remedy effect;based on such a system,ways of remedying in which the party concerned,arbitral tribunal,arbitral organization and juridical authority take comprehensive measures such as evading,recusing,replacing and regrouping solely or interactively.Arbitration acts done by an arbitral tribunal have the effect of being traced as invalid totally or partially in terms of procedure and entity based on the types of its defects,and the arbitrators will undertake corresponding responsibilities based on the types of mistakes they make.