Abstract

In the past decade there have been a number of judicial review cases involving sports governing bodies in Ireland. While the courts have been willing to hear such cases, it has been repeatedly emphasised that judicial intervention in the decisions of sporting organisations should not occur lightly and recourse to the courts should only happen in the most exceptional of circumstances. The Irish courts have referred to the need for sports bodies to submit their dispute to arbitration or mediation. In Ireland there are two domestic bodies offering alternative dispute resolution in the sporting context: Just Sport Ireland (JSI) and the Disputes Resolution Authority (DRA) of the Gaelic Athletic Association (GAA). The availability of alternative forms of dispute resolution in Ireland provides a welcome alternative to the expensive, often divisive, option of judicial review proceedings. Given the benefits of resolution of disputes through the DRA or JSI and in light of the Irish courts’ general reluctance to become involved in sporting disputes, it is likely that these processes will become increasingly availed of, most pertinently as Sport Ireland (formerly Irish Sports Council (ISC)) has made it a condition for recognition for new governing bodies and has been actively encouraging existing sports governing bodies to insert a referral clause in their rules.

Highlights

  • A number of sports-related cases have come before the Irish courts in the last decade (for example see: Byrne v Irish Sports Council [2013] IEHC 438; Conway v Irish Tug of War Association and Others [2011] IEHC 245, Jacob v Irish Amateur Rowing Union Ltd [2008] IEHC 196; JRM Sports Ltd (Trading as Limerick Football Club) v The Football Association of Ireland [2007] IEHC 67; O’Connell & Another v The Turf Club & Another [2014] IEHC 175; Hyland v Dundalk Racing (1999) Ltd t/a Dundalk Stadium [2014] IEHC 60; Hyland v Dundalk Racing (1999) Ltd t/a Dundalk Stadium (No.2) [2015] IEHC 57; O’Hare & Another v Dundalk Racing (1999) Ltd t/a Dundalk Stadium [2015] IEHC 198 and O’Connell and Lambe v The Turf Club [2015] IESC 57)

  • Mr Justice Hogan highlighted the need for sports governing bodies to configure their internal dispute mechanisms along the lines of the Dispute Resolution Authority (DRA) of the Gaelic Athletic Association (GAA) so that even in cases involving complex issues as those presented in the three test cases could be appropriately resolved instead of seeking redress in the courts

  • Sporting organisations in Ireland can be confident that their decision-making will not be subject to judicial intervention

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Summary

Laura Donnellan

In the past decade there have been a number of judicial review cases involving sports governing bodies in Ireland. The availability of alternative forms of dispute resolution in Ireland provides a welcome alternative to the expensive, often divisive, option of judicial review proceedings. Given the benefits of resolution of disputes through the DRA or JSI and in light of the Irish courts’ general reluctance to become involved in sporting disputes, it is likely that these processes will become increasingly availed of, most pertinently as Sport Ireland (formerly Irish Sports Council (ISC)) has made it a condition for recognition for new governing bodies and has been actively encouraging existing sports governing bodies to insert a referral clause in their rules

Introduction
Alternative Dispute Resolution in Irish Sport
Findings
Conclusion
Full Text
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