Mandatory arbitration as a possible future for sports arbitration: the Portuguese example

Abstract

Arbitration of sports conflicts is not an unknown ground in the international sports law field. Nowadays, CAS’ is an important actor and its relevance cannot be denied. Nevertheless, there are still multiple lessons to be taken in what concerns the best configuration of an arbitral option for the resolution of sports conflicts. The criticism that surrounds CAS’ is proof of the need to evolve. In this context, the Portuguese Court of Arbitration for Sport and its mandatory arbitration configuration can help to shed some light in these matters. With this article, we aim to proceed to an analysis of the Portuguese CAS’ in order to explore the major difficulties related to mandatory arbitration, in order to ascertain if this can be an option for the future of the resolution of sports disputes.