Study On The System Of Ad Hoc Arbitration For Olympic Games

The system of Ad Hoc arbitration for Olympic Games is different from other types of arbitration with a series of own special norms. This thesis comprehensively discusses the system from the establishment and development of Ad Hoc Division, jurisdiction, arbitration procedure, applicable law for the settlement of disputes as well as the recognition and enforcement of arbitral awards. And this thesis stresses some distinctive professional law question. The 29th Olympic Games will be held in Beijing in 2008. International Council of Arbitration for Sports will set up Ad Hoc Division to have jurisdiction over these disputes during Olympic Games according to usual practice. In view of this fact, this thesis considers that there will bring out questions during Beijing Olympic Games and points out the thinking of settlement so that Beijing Olympic Games runs successfully. Except the Preamble and Conclusion, this thesis is divided into six chapters, the abstracts of which are as follows:Chapter One introduces the establishment and development of the Court of Arbitration for Sports and Ad Hoc Division. Now the court of Arbitration for Sports which was founded in 1984 is the most important organization of international sports arbitration after its reform in 1994. The purpose that International Council of Arbitration for Sports establishes Ad Hoc Division is to resolve these sports disputes during Olympic Games and other universal games. After eleven years the system is extensively praised. And it enriches the practices about international sports arbitration and is valuable to international commercial arbitration.Chapter Two discusses the jurisdiction of Ad Hoc arbitration for Olympic Games in arbitration agreement, the arbitrability of subject-matter and jurisdiction of arbitral tribunal. The arbitration agreement is obligatory and contradictory to the principle of"autonomy of will", which should be changed as soon as possible; With regard to the arbitrability of subject-matter, the author analyses two main types of disputes about stimulant and referee which are judged by Ad Hoc Division and believes that the two types of disputes have arbitrability; In regard to jurisdiction of arbitral tribunal, the author discusses its particularity in the time, the party, the dispute and non- interfering technical criterion.Chapter Three summarizes the arbitration procedure of Ad Hoc arbitration and analyzes its characteristic that the parties cannot choose the arbitrator and the arbitration awards must be finished during 24 hours as well as the arbitration awards should be open.The applicable law about Ad Hoc arbitration for Olympic Games is discussed in Chapter Four. With regard to the applicable procedural law, the arbitral tribunal adopts Switzerland law, which makes law frame for the settlement of disputes steady and makes the arbitration awards explicit nationality, and which can strengthen arbitration procedure'validity. The applicable substantial law about Ad Hoc arbitration for Olympic Games inclines to globalization owing to employing general principle of law. In addition, the author deliberates the application to general principles of law.Considering that many cases are about disciplinary disputes, consequently there exists the relation of management between the parties, Chapter Five analyses the peculiarity of the recognition and enforcement of Ad Hoc arbitral awards. Moreover, the author expounds the basis of the recognition and enforcement of arbitral awards, arbitral awards'refusal and arbitral awards'cancellation.In Chapter Six the author puts forward that there will meet with the questions during Beijing 2008 Olympic Games in connection with the stipulation and condition of arbitration in our country. In addition, the author analyses the characteristic of arbitration, obligatory measures as well as the enforcement of arbitral awards and further raises the thinking of settlement.