Study Of The System Of Arbitration Of Sports Disputes

Sports arbitration is a procedure used by some international and national sports organization for solving the competing sports disputes. Sports arbitration is a dispute-solving method that the parties deliver the disputes caused during the competing sports activities to a sports arbitration court by their free will, and then perform the arbitration decision initiatively. It's a sports legislation which is founded according to the arbitration law and sports law in one nation. Because of the fast development of modern economy, especially affecting by the market economy, the excellent performance in sports competition will bring plenty of economic and social profits. So someone always tries to break the sports law and betray the fare-play spirit in order to arrive at the illegal intent.With the methods of comparative study and historic study often employed in research on private international law, this paper attempt to explain that sports arbitration has many advantages in solving sports disputes through introducing the common theory of sports arbitration and arbitrary practice of the important international sports arbitration organization. At the same time, the author gives some advice on the establishment of Chinese sports arbitration system.This thesis consists of three chapters.Chapter 1, focusing on sports dispute and its solution, starts with the origin, definition, characteristics and types of sports dispute. This chapter holds that mechanism of internal resolution, judicial resolution and arbitrary resolution make three main ways of solving sports disputes, and concludes that arbitrary resolution enjoys advantage over the other two.Chapter 2 elaborates the theory of arbitration for sport and the practice of CAS (Court of Arbitration for Sport) . Based on the theoretical footing of sports arbitration, the author analyses the (dis)similarities between sports arbitration and other arbitrary forms and as well makes a comparative study on sports arbitration of several western countries. This chapter ends with the introduction of arbitrary operation of CAS, the most important organ of solving sports disputes at present.In Chapter 3, the author makes some legal proposals on the establishment of Chinese institution on sports arbitration.