Sports Arbitration Cases Before the Swiss Federal Tribunal in 2017—A Digest

2020 ◽  
pp. 147-178
Author(s):  
Erika Hasler ◽  
Yann Hafner
Keyword(s):  
Sports Arbitration

Understanding, significance and legal methods of solution of disputes related to sports

ANCIENT LAND ◽  
2021 ◽  
Vol 03 (04) ◽  
pp. 8-14
Author(s):  
Elcan Elman oğlu Həsənli ◽  
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Sports Law ◽  
Historical Process ◽  
Amateur Athletes ◽  
Sports Organizations ◽  
Sports Arbitration ◽  
Judicial Authority

Sports has become an increasingly important and professionalized sector in our age. The increase in the number of professional and amateur athletes as well as sports organizations in the historical process has brought about an increase in the number of national and international competitions. Parallel to this development, conflicts related to sports have also increased and these conflicts have to be resolved in accordance with the sport's own body. Indeed, settling the disputes that arise especially in international competitions as soon as possible will affect the fate of the competitions. However, the existence of many organizations operating in this field and the inconsistencies that emerged between their decisions and practices increased the need for uniformity in this area. As a judicial authority to meet this need, CAS has undertaken this job. Although the CAS has not closed its door to other alternative dispute resolution methods, it has come to the fore especially with the advantages it provides arbitration. CAS has fulfilled its duty to settle the disputes arising from sports law in a swift and fair manner with the decisions it has made so far. Keywords: Sports law, sports-related disputes, mediation, sports arbitration, CAS

GIUSTIZIA SPORTIVA, ARBITRATO DEGLI AGENTI SPORTIVI, REGOLAMENTO DEGLI AGENTI SPORTIVI, TERMINE PER LA DOMANDA D’ARBITRATO

2021 ◽  
Vol 2 (2 - 2021) ◽  
Author(s):  
Giovanni di Corrado
Keyword(s):  
United States ◽  
Justice System ◽  
The United States ◽  
Disciplinary Action ◽  
American System ◽  
Arbitration Procedure ◽  
Weak Points ◽  
Sports Arbitration

The Author focuses on US sports arbitration in professional leagues, raising strong doubts about the bias of the Commissioner, in the context of a system in which the same person who initiated, in his capacity as “head” of a sports league professional, disciplinary action against a player also decides whether a penalty should be imposed on him. Doubts that are linked to the multiplicity of roles that this subject can cover in the same arbitration procedure of the NFL and also to the fact that, in recent years, he is no longer perceived as an impartial and independent subject who takes care of the interest of sport, but rather seen as the CEO (CEO) of the Owners League. A very different solution than those practiced in our country. The survey offers some points of comparison on the weak points of the American system: one of these is the sports justice system which in the United States is predominantly arbitrary in nature.

About International Sports Justice

2020 ◽  
Vol 8 ◽  
pp. 53-58
Author(s):  
Yu. V. Samovich ◽  
Keyword(s):  
Human Rights ◽  
Statistical Analysis ◽  
Statistical Data ◽  
Human Life ◽  
Legal Analysis ◽  
Sports Organizations ◽  
European Court ◽  
Sports Arbitration ◽  
The Individual

Justice, as a model of equity, is becoming an extremely demanded way of clarifying the relations of counterparties in most spheres of human life. This time, the question will be about sports disputes, whose appearance provoked first a «doping scandal» with Russian athletes, and then, no less scandalous proceedings of the Sports Arbitration Court. The purpose of this article is to conduct a review of sports disputes considered in international instances to analyze the objectivity and adequacy of the existing procedure for the consideration of sports disputes and the possibility of developing uniform rules and the existence of grounds for considering sports disputes in the European Court of Human Rights The author used for this such methods: – induction: based on an analysis of the consideration of sports disputes at the ECHR, it was concluded that the practice does not meet the requirements of the principle of respect for human rights, – deduction: a hypothesis of contradictions is formulated in the framework of the consideration of disputes by sports organizations and judicial institutions, statistical analysis: comparison and generalization of statistical data on the considered cases, – formal legal: analysis of the practice of judicial and quasi-judicial institutions for the consideration of sports cases. As a hypothesis, the thesis is put forward that the existing procedures of sports organizations violate the rights of the individual, justifying this fact with the specifics of such procedures as anti-doping checks, etc.

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