Research On The Problem Of The Third Party In Sports Arbitration

Sports arbitration award affect rights and interests of the third party which doesn't belong to parties, so basing on this reality that the third party have to participate in sports arbitration procedures to protect their interests. But the current rules of sports arbitration to the definition of the third party are ambiguous, which give rise to the third party in practice take part in more difficultly. Therefore, it is necessary to define the concept of the third party, analyz the characteristics and types of the third party, in particular, clarify relationships in the third party of sports arbitration with that of civil procedure and the multi-party in consolidated arbitration.At the same time, there are three models in the sports arbitration rules relating to the third party. Specifically, firstly, establish the subsidiary model of the third party rules, which general display arbitration rules adopted by commercial arbitral institutions; secondly, independent arbitration model, namely, sports arbitration rules set up by domestic specialized arbitration institutions. Thirdly, the Court of Arbitration for Sport (CAS) model. The rules of the Court of Arbitration for Sport play a demonstrativ role in modern sports society, which many countries set up their rules based on, of course the third party without exception. CAS stipulate the third party into the Joinder and the Intervention has been respected and reference by most countries, especially.However, all the rules of sports arbitration in the third party is very limited, especially about the possible of participatical of the third party, whether or not of the third party impact procedures when they participate in arbitration, and the efficacity of arbitration award. Thus, It is important to analyze the theory of the third party, for setting forth the necessary of participatical of the third party. Firstly, analyzing the mandatory of sport arbitration, and drawing a conclusion that sports arbitration award will be legal binding or enforcement on the third party. Secondly, talking about the third party participate in arbitration is good for balancing rights and interests of all parties. Finally, clarifying whether the third party or the party should be abide by non bis in idem and prohibition of estoppel theory, and their legal acts shall not be arbitrary.On this basis, the paper combined with cases and arbitration rules, analysis of the third sports arbitration procedure, which involves the involvement, the composition of the arbitration tribunal and another procedures. Firstly, we need talk about involvement in the third party. It involves the issue of third party'and decision-making organizations into account. The rules in various countries are similar, but also exists difference. So author consummate the third party participate in sports arbitration procedures by analyzing of the difference.Secondly, The composition procedures of sports arbitration tribunal, including procedure of the composition consist of the sole arbitrator, procedure of the composition upon agreement of the parties, as well as the procedure the parties have not agreed upon. The rights and obligations of the third party in the three types are different, so it is necessary to discuss the individual type of the composition procedure of the arbitral tribunal. Finally, describing another issues to improve the third sports arbitration procedure, which contains the evidence rules, the burden of the arbitration fees, and the executive procedures. The paper stipulate Chinese rules of the third party in sports arbitration by analyzing the third party participate in the arbitration procedures, and combining the sport arbitration practice in China.