In fact, the CNOSF is the highest institution in French sport and to create a dispute resolution entity within its confines is to ignore this obligation of independence.
The CAS has to apply the Rules of Procedure enacted by the CNOSF.
Under Article 7 of the CAS' Rules of Procedure, only the persons on the list drawn up by the CNOSF board of administration may be appointed as arbitrators for a dispute, and on a proposal from its Committee of Ethics.
Even though CNOSF Articles of Association stipulate that the Committee is competent "to facilitate the settlement of disputes arising within the sports movement by conciliation or arbitration", arbitration cases brought before the CAS do not escape the common law rules applicable to internal arbitration governed by articles 1442 and thereafter of the Code of Civil Procedure and by articles 2059 to 2061 of the Civil Code.
2 of the CNOSF articles: "The role of the CNOSF: [.
The federations, in their turn, are members of the CNOSF (Comite national olympique et sportif francais, or French National Olympic and Sports Committee).
Like all the national Olympic committees, the CNOSF is a sport governing body linked to the International Olympic Committee.
In this connection, the CNOSF is responsible for protecting the Olympic symbol, flag, motto and hymn, as well as the expressions "Olympic Games" and "Olympiad" (Article L.
With its decision of October 31, 2006, the French Supreme Court affirmed that the trademarks "Olympic" and "Olympic Games" were unregistered yet customary and well-known trademark terms, and that the CNOSF was well-founded to take action on the basis of general French law regarding liability, and to ask for protection.
In connection with its Olympic responsibilities, the CNOSF represents France at the Games, where it organizes and manages the French delegation.
Contrary to classic national Olympic committees, the CNOSF also has specific additional responsibilities:
141-4 of the French Sports Code; the CNOSF also mediates disputes opposing licensed athletes, associations, sports corporations and certified sports federations, with the exception of doping disputes; at the end of the mediation process, they formulate a proposed conciliation based on French law, but also with an eye to equity; a party may challenge the proposed conciliation; in this case the party is then free to bring the matter before the judge of jurisdiction.