Sports Disputes Research Articles

Mediating Business and Sports Disputes in Europe

Now that sport is big business nationally and internationally, it is not surprising that sports disputes – especially commercial ones – are on the increase. So, the question naturally arises, how best to resolve them. By traditional methods - through the courts – or by modern ones, that is, by alternative dispute resolution (ADR)? ADR takes many forms and mediation is proving to be an appropriate and effective way of settling sports disputes of various kinds extra-judicially. Mediation has not escaped the attention of the European Union, which over the years has taken a particular interest in sport as an economic activity, and this article will take a look at the recent EU Directive on Mediation and its application to and likely impact on sports business disputes in particular.

A Study on the Need for Arbitration and Agreement in Sports Disputes

A Study on the Need for Arbitration and Agreement in Sports Disputes

National Disputes Before the Court of Arbitration for Sport (CAS)

The CAS was created 1984 as an arbitral jurisdiction for sports disputes and as a specialized authority for settling international disputes. Through the years, the CAS has been established as a true court of arbitration and an independent tribunal. Its global magnitude and its acceptance by almost all International Federations has led to the CAS being perceived as a “supreme court” for sports disputes, as the centralised tribunal best adapted to resolve disputes of international character. In the latest years, however, CAS has registered a large number of purely national disputes, particularly from the world of football. Even if there is nothing formally preventing these disputes from coming to the CAS, it is doubtful whether CAS is always the right venue for such disputes, not least for some practical difficulties that are explained in the paper.

SPORTO GINČUS NAGRINĖJANTYS NACIONALINIAI IR TARPTAUTINIAI ORGANAI

The article analyses possibilities of professional sports’ subjects to resolve their disputes by using various dispute resolution bodies. The article analyses drawbacks of courts of general competence, as well as it provides for possibilities to resolve sport disputes using the method of alternative dispute resolution and arbitration.

A Study on the Establishment of an Arbitration System for the Resolution of Domestic Sports Disputes

A Study on the Establishment of an Arbitration System for the Resolution of Domestic Sports Disputes

Unbundling the Kenyan Sports Act, role, challenges and opportunities in the kenyan sports Act 2013.

The Kenya National Assembly enacted the Sports Act 2013 after many years of suggestions, deliberations and proposals over the making of such a law. The Sports legislation is an Act of Parliament to harness sports for development, encourage and promote drug-free sports and recreation, to provide for the establishment of sports institutions, facilities, administration and management of sports in the country, and for connected purposes. This law has come up with various institutions namely Sports Kenya, National Sports Fund and Kenya Academy of Sports. It also provides for Financial Provisions, procedures for registration and regulation of sports and licensing, arbitration of Sports disputes and miscellaneous provisions. Furthermore, the Act has four schedules namely sports facilities to which the Act applies, matters to be provided for in the constitutions of sports Organizations, the conduct of business and affairs of the board of the authority, board of trustees and council of the institute and transitional provisions. Although the Act is very progressive in the domain of sports in Kenya and the entire East African region because it legitimizes institutions, provide for arbitration mechanisms and recognize research as a core aspect in sports, it has introduced a number of challenges to the sports fraternity. Among these, include aligning the constitutions of various Sports associations to the Act and undergoing the new vigorous process of registering, regulating and licensing sports agencies. Sports professionals therefore need to update with the new Sports Act to retain relevance in their profession and warrant them professional growth. Therefore, it was deemed relevant to enlighten the practitioners of these new developments and seek for ways to upgrade their administrative strength and correct any inconsistency in this law through amendments to the Act. Article visualizations:

New Books

Books reviewed in this article: Avenhaus, Rudolph, Victor A. Kremenyuk, and Gunnar Sjöstedt, editors. Containing the Atom: International Negotiations on Nuclear Security and Safety. Blackshaw, Ian S. Mediating Sports Disputes: National and International Perspectives. Blaker, Michael, Paul Giarra, and Ezra Vogel. Case Studies in Japanese Negotiating Behavior. Gilboa, Eytan, editor. Media and Conflict: Framing Issues, Making Policy, Shaping Opinions. Irving, Howard H. and Michael Benjamin. Therapeutic Family Mediation: Helping Families Resolve Conflict. Kriesberg, Louis. Constructive Conflicts: From Escalation to Resolution. LeBaron, Michelle. Bridging Troubled Waters: Conflict Resolution from the Heart. Raiffa, Howard, with John Richardson and David Metcalfe. Negotiation Analysis: The Science and Art of Collaborative Decision Making. Smyser, W.R. How Germans Negotiate. Voorhees, James. Dialogue Sustained: The Multilevel Peace Process and the Dartmouth Conference.

Arbitration of International Sports Disputes

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 …

Resolving International Sports Disputes

Resolving International Sports Disputes