Study On The Legal Issues Of Mandatory Arbitration For Sports

Mandatory Arbitration for Sports means parties to the sports dispute can only applicate to the sports arbitration body for dispute and the other parties must accept the jurisdiction of sports arbitration body,not resort to the courts for dispute resolution in sports practice,especially in competitive sports,because of the law or statute and agreement provided by sports organizations. With the development of sports,especially the Olympic sports,the compulsory dispute resolution of sports arbitration has become increasingly important.The Mandatory Arbitration for Sports exists at a reason,first of all litigation is not the best way to resolve sport disputes .The mandatory arbitration for sports plays a greater role than normal arbitration for sports.Secondly,the autonomy and relatively closed nature of sports guild will try to exclude judicial intervention,take the dispute to the sports arbitration body for resolution.Mandatory Arbitration for Sports has importance.It can ensure the authority of dispute resolution of large events,maintain the unity of the internal dispute resolution in sports associations,and contribute to the formation of sports special law.The system of mandatory arbitration for sports based mainly on three aspects:the first one:the regulations of the Olympic Games.Because the Olympic Charter has been adopted by states in a long-term in various ways as common practice,it has become an international tradition.The second one: the regulations of international sports federations.The third one:is the specific provisions of the Mandatory Arbitration for Sports of countries.However,the compulsory arbitratin still faces at conflict of interest of all aspects.In individual interest,the compulsory arbitration of sports had a shock against the individual right of action and freedom of contract.In the community interest,the compulsory arbitration has also some conflicts on procedural fairness and public policy.But,these conflicts are not irreconcilable.Improving the relevant system of sports arbitration body,limiting the scope of compulsory arbitration of sports and permitting limited judicial intervention is the three methods to coordinate the conflicts,to asure the Mandatory Arbitration for Sports a better development.