Study On The Arbitration Of The Court Of Arbitration For Sports

Sports flourish in modern society inevitably produce a variety of disputes. These disputes often relate to national and personal honor or huge commercial interests, which solve good can promote the development of sports. Before the 80s of last century, due to the regime of international sports organizations, most of all disputes were resolve in the sports organizations. The solution method of this dispute and the neutrality of these sports disputes settlement body has been criticized by the international sports community, especially athletes. In this background, Mr. Samaranch, President of the International Olympic Committee led the establishment of the International Court of Arbitration for Sports. In more than 20 years after its establishment, International Court of Arbitration for Sports has been working as an independent disputes resolution of international sports arbitration body. Now, International Court of Arbitration become an indispensable organizations for international sports, played an important role in promoting the development of the international sports law and international sports.Since the settlement of the International Court of Arbitration for Sports to its became the independent and most authoritative sports dispute arbitration institution in international sports world, has experienced a development process from rule of man to the rule of law.1984, when International Court of Arbitration for Sports was first established, it was criticized by the international sports community especially athletes, because of the close personnel and financial links between it and the International Olympic Committee. In order to enhance the independence, authority of International Court of Arbitration for Sports, the International Olympic Committee established the International Council of Arbitration for Sports. The International Association of Football Federation and The International Association of Athletics Federation eventually adapting to the international sports community trends, Recognized and accepted the Jurisdiction of International Court of Arbitration for Sports, indicated that the International Council of Arbitration for Sports became a unity disputes arbitration body in International Olympic field. In order to exclude the domestic courts involve in sports field, International Olympic Committee and Sports Federations created the compulsory arbitral jurisdiction. Compulsory jurisdiction is convenient to the settlement of sports disputes, but this theory is conflict to the principle of autonomy of will, which is the basic principle. Based on the basic theory of arbitration and the right for the athletes, the International Olympic Committee and individual sports federation should be clearly informed of the existence of an arbitration clause, even if the players do not agree that the arbitration clause, eligibility must not be deprived of. The basic process of International Court of Arbitration for Sports is the protection of disputes efficient settlement. The basic arbitration procedure of International Court of Arbitration for Sports includes general procedure, appeals procedure and advice on procedure. Many years of arbitration experience has shaped the principle of strict liability of stimulants, the principle of protecting the authority of referee in race field. The Recognition and Enforcement process of is the final process of International Court of Arbitration for Sports and the protection of the pre-process's effective implementation. The recognition and enforcement could be implemented easy in domestic courts of these country and region, which didn't make a Commercial Reservations, by the international Convention. However, if some country and region declared the Commercial Reservation policy, only the awards that involve commercial things could be recognized and enforced. So it is very important that these country or region which made Commercial Reservation gradually cancel these limits. In other way, based on the special features of sport, the Court of Arbitration for Sports should try to solve the recognition and enforcement within the scope of itself.