Arbitration is increasingly used in sports to resolve disputes between athletes, teams, and governing bodies. Sports arbitration is a form of alternative dispute resolution often used instead of traditional litigation to resolve disputes in the sports industry.
One of the main advantages of arbitration in sports is that it is a faster and less expensive process than traditional litigation. Arbitration proceedings can be concluded within a few months, whereas court proceedings can take years. Additionally, arbitration allows for more flexibility in scheduling and procedures, which can be especially important in the fast-paced world of sports.
Arbitration can be used in various sports-related disputes, including contract disputes between athletes and teams, disputes between athletes and their national governing bodies, and disputes between teams and their leagues or federations. For example, arbitration can resolve disputes over player transfers, disciplinary actions, and anti-doping violations.
In this article, you will read about the Court of Arbitration for Sport, its functions, the types of cases it handles, and how using arbitration for disputes arising in sports can benefit India.
Court of Arbitration for Sport
The Court of Arbitration for Sport (CAS) is an independent judicial body established to resolve sports-related disputes through arbitration. The CAS was created in 1984 by the International Olympic Committee (IOC) to provide a forum for athletes, teams, and governing bodies to resolve disputes outside of national courts.
The Court of Arbitration for Sport is an independent judicial body established to resolve sports and is based in Lausanne, Switzerland, under Swiss law. It is recognized as the highest court for sports disputes, and its decisions are final and binding.
The CAS has jurisdiction over disputes related to all Olympic sports and many other international sports, including soccer, basketball, and tennis.
The Court of Arbitration for Sport operates through a system of ad hoc arbitration, which means it is convened on a case-by-case basis. Parties can submit disputes to the CAS by agreement, or they may be required to do so by the rules of their sport or their national governing body.
The Court of Arbitration for Sport operates several different procedures for resolving disputes, including full hearings with oral arguments and written submissions, expedited procedures for urgent cases, and appeals from decisions of national governing bodies.
Functions of CAS
The Court of Arbitration for Sport serves several functions to resolve sports-related disputes through arbitration. Here are some of its critical functions:
1. Resolving Disputes
The primary function of the CAS is to resolve sports-related disputes through arbitration. This includes conflicts between athletes, teams, and governing bodies and disputes related to doping, match-fixing, and other sports-related issues.
2. Providing a Neutral Forum
The Court of Arbitration for Sport provides a neutral platform for resolving sports-related disputes outside national courts. CAS contributes to resolving conflicts fairly and unbiasedly, free of bias or interference from national or local interests.
3. Ensuring Consistency
The Court of Arbitration for Sport helps ensure consistency in applying sports rules and regulations across different countries and sports. This is particularly important in international sports, where other governing bodies often have competing rules and regulations.
4. Upholding the Integrity of Sports
The Court of Arbitration for Sport plays a key role in upholding the integrity of sports by enforcing anti-doping regulations and rules related to fair play and sportsmanship.
5. Providing Expertise
The Court of Arbitration for Sport provides expertise in sports law and the unique issues that arise in the sports industry. This expertise helps to ensure that decisions are made with a deep understanding of the specific needs and characteristics of the sports industry.
Types of Cases Handled by CAS
Various types of cases are handled by the Court of Arbitration for Sport, and these cases are briefly explained below.
1. Ordinary Cases
These types of disputes are arbitrated by a panel of three arbitrators, with one arbitrator chosen by each party from the CAS list and the third arbitrator selected by the other two arbitrators. A single arbitrator may resolve the dispute if both parties consent or the CAS approves it.
Arbitrators need to be fair. Swiss law often governs certain circumstances unless the parties voluntarily agree to another law. It usually takes six to nine months from the time the arbitration request is initiated until a decision is made.
2. Appeal Cases
The entire procedure, from submitting the statement of appeal to the verdict, takes only four months. A panel of three arbitrators hears these matters. The case is determined in line with the legislation agreed upon by the parties. If such a decision is not made, the situation will be resolved following the nation’s regulations in which the federation is headquartered. As previously stated, the award is decided by a majority vote or, in the absence of a majority vote, by the President alone.
3. Ad Hoc Division Cases
The ad hoc division (AHD) of the Court of Arbitration for Sport is a special division that is set up for specific international sporting events. It is designed to handle disputes and appeals related to the event. It is typically comprised of a panel of arbitrators selected by the CAS and with expertise in the specific sport or event in question.
The ad hoc division is set up for each major international sporting event, such as the Olympic Games, the World Cup, and the Commonwealth Games. It is designed to provide a quick and efficient means of resolving disputes related to the event and to ensure that the event is conducted fairly and transparently.
Cases handled by the Court of Arbitration for Sport’s ad hoc division can include disputes related to athlete eligibility, doping violations, and disputes over decisions made by event officials. The decisions of the ad hoc division are final and binding and cannot be appealed to any other court or tribunal.
Sports Arbitration in India
Currently, India lacks any specific legislation on sports law, and there is no independent authority to resolve sports-related disputes and issue binding decisions. As professional sports in India become more competitive and the stakes increase, there is an increasing need for alternate dispute resolution methods such as arbitration.
In November 2010, two franchises of the Indian Premier League, Rajasthan Royals and Kings XI Punjab, opted for arbitration with the Board of Control for Cricket in India after being issued termination notices for violating ownership norms. However, while Rajasthan Royals was granted a stay on the termination of their contract with IPL, Justice Srikrishna withdrew from the arbitration proceedings in the Kings XI Punjab case.
The author (I, Suhani) believes India needs a sports dispute resolution panel, similar to the Sports Dispute Resolution Panel (United Kingdom) and the Court of Arbitration for Sport, to provide a simple, independent, and effective mechanism for resolving sports-related disputes.
One possible solution is the creation of the National Arbitration for Sport (NAS), which would offer binding arbitration, non-binding advisory opinions, and mediation services.
For instance, the NAS could resolve disputes between athletes and governing bodies over contractual terms or elite athlete funding agreements. By doing so, the tribunal can ensure that disputes are resolved fairly, speedily, and cost-effectively, allowing athletes to focus on their sport and compete at the highest level.
Conclusion
Sports arbitration is essential to resolving sports-related disputes fairly and impartially. With the increasing professionalization of sports and higher stakes, the need for independent authorities specializing in sports-related disputes is more important than ever.
In India, there is currently no legislation on sports law, and the establishment of a sports dispute resolution panel is needed to provide a simple, independent, and effective mechanism for resolving disputes fairly, quickly, and cost-effectively.
Creating a National Arbitration for Sport (NAS) in India would ensure that sports governing bodies, commercial organizations, and individuals can access a credible and efficient tribunal to resolve disputes.
Such a tribunal could provide binding arbitration, non-binding advisory opinions, and mediation to help parties reach acceptable agreements and ensure that athletes can return to their sports and compete at the highest level.
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