Font Size: a A A

Study On The Sports Arbitration System

Posted on:2009-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:B K LiFull Text:PDF
GTID:2166360272473586Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of sports industry, globalization, and a variety of sports disputes more and more, sports arbitration to resolve sports disputes is the most effective method. However, in China's current sports arbitration system has been deficient, to a certain extent, affected the sports of an effective solution to the dispute, therefore, draw on advanced international experience in China as soon as possible to complete the relevant legislation is my direction and purpose.This paper first defined the concept of sports arbitration and dispute arbitration system that sports and other sports of the mechanism compared to come with advantages: Compared to sports line of internal dispute resolution, sports arbitration in its largest advantage of a solution The disputes have forced the parties to binding, enabling the rapid return to the social relations of a stable state in relation to sports litigation to resolve disputes, arbitration of disputes sports arbitrator in both sports experts, but also legal experts, some of the Sports and legal experts in the field, which guarantees a maximum sports disputes can be professional, effective solutions. From the development trends, sports arbitration mechanism solutions come in the mainstream system.Now, many countries in the world have established a domestic dispute arbitration system of sports, from the form: both sports line of the internal arbitration, such as the Big Four Pro Leagues internal arbitration institutions, under the Belgian Football Court of Arbitration; have an external arbitration specialized sports arbitration body, such as Court of Arbitration for Sports reference model established by the Sports Dispute Resolution Pane and Japan Sports Arbitration Agency; more characteristics of the American Arbitration Association, as a general arbitration institutions, it also Sports can dispute arbitration. These overseas Chinese to establish their own system of the sports arbitration mechanism is of important practical significance. But now, the most important international sports arbitration system is CAS. CAS is International Olympic Committee in 1984 set up a specialized sports and resolve disputes related to the permanent arbitration institution, the institution set up the significance of the dispute lies in the various sports into a more standardized mechanism to resolve.Learning these international advanced experience, their ultimate goal is to build China's sports arbitration system. China should first complete the relevant legislation as soon as possible, and then in the Legislative Council on the basis of the establishment of a specialized sports arbitration institutions. Sports arbitration legislation is based on the Constitution, the Arbitration Act, civil substantive law, international conventions, and so on, not including administrative law. Envisaged in the Chinese Committee of Arbitration for Sport is a completely independent organization in the Corporation, not only with the sports administration department completely severed ties, and should not be part of any sports society groups to ensure that its arbitration activities of the independence and neutrality of. The Arbitration Commission of Arbitration for Sport should be a member of the scope of both sports and legal professionals.
Keywords/Search Tags:Sports disputes, Sports arbitration, Court of Arbitration for Sport, Olympic Games
PDF Full Text Request
Related items