A Study On The International Sports Arbitration

The past century has witnessed the global and commercial development of the sport activities. How to settle the arising sport disputes has become an important topic which interests both sports experts and legal experts. Sport arbitration, which is the most worldwide alternative-dispute-resolution type, is widely used to resolve the international sport disputes. As the central organization in the field of international sport arbitration, the Court of the Arbitration for Sports (CAS) is playing an important role in the system of international sport arbitration. The international sport arbitration provided by the CAS includes three mechanisms, which are ordinary sport arbitration, appeal sport arbitration and the Olympic sport arbitration. The present thesis focuses on an analysis of the international sport arbitration system provided by the CAS, from which we can find a method to establish the China's own sports arbitration system.Beijing will hold the 2008 Olympic Games, which makes us participate in more and more world-wide sports activities. Studying the international sports arbitration will be helpful for us when we come across the international sport disputes. Meanwhile, in order to perfect China's sports dispute dealing system, we should learn from foreign and international sports arbitration practice. While respect to the present sports legislation, the author tries to put forward some legislative suggestions on the perfection of the China's sports legislation on its own sports arbitration system.This thesis comprises 4 chapters, in addition to an Introduction, about 41000 words.Chapter 1 deals with a brief introduction of the sport disputes and the court of arbitration for sports. The system of CAS for dealing with sport disputes usually contains three ways: dispute-solving system inside various sport associations, filing the disputes to the court and the sports arbitration/ mediation.Chapter 2 deals with the international sport arbitration mechanism of the CAS. CAS provides three kinds of international sport arbitrations, including Ordinary Sports Arbitration, Appeal Arbitration and the Olympic Sports Arbitration (AHD). This chapter focuses on the CAS Ordinary Sport Arbitration and CAS Appeal Arbitration, respectively discussing the sources of their jurisdiction, specific arbitral procedures, choice of law, the recognition and enforcement of the arbitration.Chapter 3 mainly deals with the CAS Olympic Sport Arbitration (ad hoc) and tries to make an analysis on concerning principles. As one of the three sport arbitration styles provided by the CSA, the Olympic Sport arbitration (ad hoc) has its own characteristics. Chapter 4 is mainly about the legal suggestion with regard to the establishment and improvement of China's own sport arbitration system.