Mani Balaji S, Christ (Deemed to be University), Bengaluru
Introduction
The realm of sports arbitration is undergoing a metamorphosis, recognizing the crucial need for robust processes that safeguard the rights and well-being of all participants, particularly vulnerable witnesses. These individuals, due to factors like age, disability, or potential threats to their safety, might encounter unique challenges when providing testimony. In December 2023, the International Council of Arbitration for Sport (ICAS) issued Guidelines for hearing vulnerable witnesses and testifying parties within CAS procedures to tackle this critical issue. This article delves into the intricacies of these Guidelines, analyzes their potential impact on CAS proceedings, and explores avenues for further development.
Defining Vulnerability and Scope of the Guidelines
While the ICAS Guidelines for Hearing Vulnerable Witnesses offer broad protections encompassing minors, those with disabilities, and others facing threats to their safety, reputation, or potential retraumatization, the definition itself walks a tightrope between inclusivity and clarity. Lacking specific criteria, it risks inconsistent interpretations. Expanding the scope requires granular criteria based on expert input and context-sensitive assessments, acknowledging factors like power dynamics and intersectionalities like gender and race. Moreover, the definition shouldn't be static, necessitating regular updates based on evolving trends and stakeholder feedback. This nuanced approach ensures consistent application, tailors protections to specific needs, and balances witness protection with fair and transparent hearings.
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