Resolving international disputes in sport: with an emphasis on Arbitration |
Paper ID : 1768-SSRC-13TH (R1) |
Authors |
Afshin Jafari * Assistant Professor , Payame-Noor University |
Abstract |
Background and Aim: The legal system governing sports and related issues is of vital importance because the use of sports facilities is done in the form of contracts between the host country and the foreign party and the ruling legal system determines the framework of this contract. . Today, in addition to health and recreational benefits, sport is also considered as an important source of income for countries and athletes, and in the meantime, resolving disputes in this area is important. Materials and Methods: In the present study, using analytical-descriptive method, first, the methods of resolving disputes in international law and sports law and its effects will be discussed. After accurately identifying these methods, we will introduce the method of mediation and arbitration in the field of sports law. In the next step, the framework of the refereeing method in sports law will be evaluated and identified. Findings: Due to the lack of access to good domestic coaches and athletes, some governments active in sports affairs have turned to foreign coaches and athletes and for this reason have entered into contracts with clubs and foreign and capable individuals in this field. The form of these contracts has changed over time, and as a result, significant lawsuits have been filed by foreign legal and natural persons against governments or counter parties in various courts, eventually leading to compensation. Our main question in this study is how the role of arbitration in resolving such disputes is assessed, given the existence of various peaceful ways of resolving international disputes? Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed. Conclusion: The findings indicate that according to the methods of resolving international disputes, the method of arbitration in resolving sports disputes has a special importance and place, and among these, the International Court of Arbitration for Sports has an important role in resolving this dispute. There are differences. |
Keywords |
Arbitration, Sports Disputes, International Court of Arbitration for Sport (CAS) |
Status: Abstract Accepted (Poster Presentation) |