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The Contractual Solution

It is quite common for sports bodies to provide in their governing statutes that disputes shall be resolved ‘internally’ through arbitration and that recourse to the ordinary courts shall not be pursued (sometimes on pain of sanction). The CAS has become prominent in such arrangements. This is, at one level, simply a contractual acceptance of dispute resolution outside the framework of the ordinary courts. This is not a peculiarly sports-specific concern. In sport, as elsewhere, arbitration has strong appeal as a means of providing for quick and relatively cheap resolution of disputes and also for ensuring that the matter is dealt with by parties with a higher level of sensitivity to and expertise in the matter at hand than is possessed by ordinary judges. Moreover arbitration offers the possibility of a developing uniform system of practice which is not constrained by jurisdictional boundaries. It promises common global understandings which courts operating state by state cannot provide.2 For sport, the aspiration is to the elucidation of a lex sportiva which is unfragmented by jurisdictional specificity and which is informed by sports-sensitive expertise.[1] [2]

  • [1] See eg W Park, ‘Explaining Arbitration Law’ (2015) available at SSRN accessed 29 November 2016.
  • [2] cf P Cavalieros and J Kim, ‘Can the Arbitral Community Learn from Sports Arbitration?’ (2015)32 J Intl Arb 237.
 
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