The liability for lack of sportsmanship, for and against: CAS decision on BC Arsenal case

The subject of the article is the issue of responsibility of persons for violating the principles of sportsmanship and fair play during competitions. The problem of the suspension of sports clubs from participating in sports competitions on the above basis is considered on the case of the decision of the Court of Arbitration for Sport (CAS) CaS 2019/A/6636 BC Arsenal v. Russian Basketball Federation (CAS 2019/A/6636). Separately, attention is drawn to the application of the CAS principle of contra proferentem in this case. The author analyzes the standard and the subject of proof on the issue of establishing the fact of lack of sportsmanship of athletes, compared with the evidence in cases of manipulation of the results of matches. The prospects for the development of this practice are evaluated. The author also examines the potential advantages and risks of the development of this law enforcement practice for sports federations and clubs.