A Study On Establishing Arbitration Organization In CBA

Arbitration is a significant method of solving sports disputes.After establishing Court of Arbitration for Sport(CAS),it can be fair to solve the international sports disputes and it’ s arbitration procedure has many merits which are more secretive,flexible,convenient,economical and so on.Because of these benefits,many countries increasingly accepted this concept and even some ones which are the developed countries in sports established their departments.They include not only a headquarters of the sports arbitration in a country,but also dozens of affiliated organizations,such as basketball,football,volleyball and so on.They can provide not only the realistic evidence but also the successful experience for establishing arbitration organization in CBA (CBA is the abbreviation of Chinese Basketball Association,but it represents specially the Chinese men’ basketball professional league in this article).Our country related laws which are continual improvement and the reformation in CBA which is continual deepening can provide the indispensable condition.So that we will establish the arbitration organization in CBA is feasible.The article’ s aim is establishing arbitration organization in CBA for solving the interior disputes fairly.Through solving the interior disputes better,that can help CBA to set up the good public image,promote the healthy development and impel the basketball popularization and development.In a word, establishing the arbitration organization in CBA has important realistic significance.What will be established arbitration organization is a study subject in this article.It is used to analyze the situation of solving disputes, the quality of the arbitral department,the mechanism of operation,and the implemented steps by four methods which are literature datum,cases analysis,interviewing with experts and comparing investigation respectively.The conclusion of the study is that:1.Nowadays CBA has not the approach of arbitration,so that people only just use the lawsuit to resolve the problems.But it is proved that this is not a good way. 2.Establishing an arbitration organization in CBA is available, because numerous sports disputes are successfully solved in foreign countries and sports relative laws are developed and started to implement in china.3.The establishing arbitration organization in CBA should be folk. The meaning is that the Administrative organ shouldn’ t control the arbitration jurisdiction,the administration personnel shouldn’ t assume the arbitrators.The establishing arbitration organization in CBA should be unattached,too.The meaning is that it arbitrates fairly and independently by laws.4.Nowadays CBA has some own problems that the law mechanisms are not unperfected and the officials don’ t lost of their dominative right in the association.According to this situation,the arbitration organization needs three steps to be established purposefully and designedly.