The Court of Arbitration for Sport announced a new date to communicate the award of the case between Mr. Wilfred Osei Kwaku- disqualified by the GFA Normalisation Committee to contest October 2019 Presidential elections – and the Ghana Football Association currently headed by Mr. Kurt Okraku.
CAS announced September 1st as the new date after failing to meet their own set date twice firstly July 17th an then secondly August 4th.
But in their communication to the GFA and Wilfred Osei Kwaku on Wednesday what are the CAS articles quoted?
According to CAS the time limit to communicate the Arbitral award to the GFA and Kwaku Osei pursuant to Article R59 of the Code of sports-related Arbitration has been extended until 1 September 2020.
But what does Article R59 of the CAS code says? SPORTSWorldGhana.com reproduce the the laws and articles below.
R59 Award
The award shall be rendered by a majority decision, or in the absence of a majority, by
the President alone. It shall be written, dated and signed. The award shall state brief
reasons. The sole signature of the President of the Panel or the signatures of the two coarbitrators, if the President does not sign, shall suffice.
Before the award is signed, it shall be transmitted to the CAS Director General who may
make rectifications of pure form and may also draw the attention of the Panel to
fundamental issues of principle. Dissenting opinions are not recognized by CAS and are
not notified.
The Panel may decide to communicate the operative part of the award to the parties,
prior to the reasons. The award shall be enforceable from such notification of the
operative part by courier, facsimile and/or electronic mail.
The award, notified by the CAS Court Office, shall be final and binding upon the parties
subject to recourse available in certain circumstances pursuant to Swiss Law within 30
days from the notification of the award by mail or courier. It may not be challenged by
way of an action for setting aside to the extent that the parties have no domicile, habitual
residence, or business establishment in Switzerland and that they have expressly
excluded all setting aside proceedings in the arbitration agreement or in an agreement
entered into subsequently, in particular at the outset of the arbitration.
The operative part of the award shall be communicated to the parties within three
months after the transfer of the file to the Panel. Such time limit may be extended by
the President of the Appeals Arbitration Division upon a reasoned request from the
President of the Panel.
A copy of the operative part of the award, if any, and of the full award shall be
communicated to the authority or sports body which has rendered the challenged
decision, if that body is not a party to the proceedings.
The award, a summary and/or a press release setting forth the results of the proceedings
shall be made public by CAS, unless both parties agree that they should remain
confidential. In any event, the other elements of the case record shall remain
confidential.
