… Even though that finding related to a discretionary executive power rather than to private-
law
bodies, a completely private
tribunal
is no more “
established
by
law
” than a
tribunal
set up by executive decree, even where there is less doubt about the
independence
and
impartiality
of the arbitral
tribunal
.
24. Moreover, the jurisdiction ratione materiae and ratione loci of tribunals must also be
established
by
law
(see the Commission Report of 12 October 1978 concerning the case of Zand v. …
… We are of the view, first, that the structure and composition of the CAS do not meet the requirements of
independence
and
impartiality
prescribed in Article 6 § 1 of the Convention and, secondly, that it is uncertain whether the CAS is a
tribunal
“
established
by
law
”.
3. …
… The Court must therefore ascertain whether the CAS could be regarded as an “
independent
and
impartial
tribunal
established
by
law
” within the meaning of that Article and the principles laid down in paragraphs 138 to 144 above, at the time when it adjudicated the applicants’ respective cases.
149. …