Arbitration of International Sports Disputes

Abstract

For GOOD or bad, few passions are as widely and as profoundly shared around the globe as the passion for sport. Its symbolism is often awesome. It brings out the noblest human qualities (good sportsmanship, the quest for excellence, a sense of community), and the basest (chicanery and mob violence). It is also big international business. Its capacity to motivate vast populations is nothing less than fabulous, and so naturally exercises a powerful attraction on those who would use its magic for their own ends. The appetite for political influence and for money moves the heart inside the business suit with a force as primal as that of the dreams of glory that swell the distance runner's tunic. In a word, the realm of sport is that of a precious commodity. Therefore it is coveted. It is also an internationally significant resource which can be squandered or debased. Therefore the way it is controlled is not indifferent. And at the heart of the issue of control is that of ultimate authority to establish norms and to settle disputes. Potential parties to disputes arising from sports activities, or in connection with them, obviously include the athletes and the federations which legitimise structured competition, but also include promoters, sponsors, owners of teams, organisers, licensees and agents of all types, as well as governmental authorities who may become embroiled in controversy when they are called upon to protect not only individual interests, but also the public interest. Such disputes may involve contractual relations which – although perhaps arising in unusual contexts – are documented in familiar ways, using techniques of private commercial law. For example, contractual undertakings may include granting rights to televise a competition, promising to wear the trademark of a sponsor whenever participating in a public event, or accepting to pay …