A Research On The Institutions Of Basketball Arbitral Tribunal Of FIBA

The clubs need the excellent athletes, the excellent athletes transfer from oneclub to another to better themselves, the agents control the athletes to gain higherbenefits. This complicated relation is much more obvious in the basketball world. Atthe same time, the amounts of the disputes of the contracts and salaries and theconflicts of transfers between the athletes, agents and clubs grow progressively. Inorder to deal with the conflicts and disputes of the threesome reasonably andefficiently, according to the Chapter7of the FIBA Regulation and Chapter12of theSwiss Act on Private International Law (PIL), the FIBA established the BAT which isshort for the Basketball Arbitral Tribunal(the former name is FIBA Arbitral Tribunal——FAT)，which is the dispute settlements institution of the basketball world. Thegoal of this institution is to conveniently and swiftly settle the contracts disputes ofthe basketball field. BAT designs19arbitration rules including preamble and aarbitration clause and procedures which set up the complete arbitration systems. Dueto the features of BAT and restrictions from FIBA, we could doubt the independenceof BAT. But we cannot deny the contributions of BAT by reason that BAT has settleda large number of disputes since the establishment. The enforcements of BAT awardsare guaranteed by the related international agreements and the sanctions from FIBAwhich could protect the rights of the winning party and the authority of BAT.To compare with the arbitration systems of the disputes resolution chambers ofFIFA is to help us studying more about the distinguishing features of BAT. Thespecificity of sport is shown both in and out of the arena. As two of the most popularball games in the world, to settle the participants’ disputes rationally, efficiently andeconomically have also become typical representatives of the Sports Federationsdispute resolution.To research the BAT arbitration rules is not only a simple introduction and butalso reflects whether the channels of disputes settlements of Chinese professionalbasketball being in line with the principle of fair and just or the discipline ofeconomic development. Transnational exchanges become more frequent in modernsociety. The introduction of foreign athletes, coaches and agents is quite common inChinese Professional basketball, which means the increasingly probability ofeconomic disputes. We have to confront with the jurisdiction of the BAT and attend the arbitration positively so that the risk of being punished by the FIBA when theChinese clubs fail to enforce the award of the BAT could be dodged.