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Build A Sports Arbitration System Based On International Practice

Posted on:2007-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2206360182482027Subject:International law
Abstract/Summary:PDF Full Text Request
Sports activities are the integral part of human beings' life. With thecommercialization of sports activities, surge in sports-related disputes is inevitable.It is the symbol of "rule by law" in sport field that we develop a comprehensivedispute settlement mechanism which includes litigation and other alternative methodsto settle sport-related disputes in the light of its special characteristics. Among allthese kinds of methods, sports arbitration is playing increasingly important role indispute settlement.It is stipulated in Article 33 of PRC Sports Law that "The sports arbitrationinstitution is responsible for the arbitration or mediation of disputes in sportsactivities." Nevertheless, China has not seen any establishment of the organization.Many problems hinder the proper settlement of current sports-related disputes so thatthe construction of a complete sports arbitration system of China is imperative.Meanwhile, although CAS only has a short history of over 20 years, it has establishedan excellent reputation in international sports and arbitral circles. What's moreimportant is that the rules of CAS tend to serve as "model law" for other countries'latest practice of sports arbitration. Therefore, we should use the rich practice ofCAS for reference. However, the question that how to establish a suitable sportsarbitration system by combining the real condition of China and the internationalpractice deserves our deeper consideration. For this purpose, based on the probe ofCAS international sports-arbitration practice for reference, this article is aimed atpresenting creative suggestion and ideas from the prospective of theory and detailedsystem design for the establishment of China's sports arbitration system, which I hopeto inspire more people's thoughts about this problem.
Keywords/Search Tags:sports-related disputes, dispute settlement mechanism, sports arbitration, CAS, international practice, system establishment
PDF Full Text Request
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