Research Of Japan Sports Arbitration System

In2003, Japan set up Japan Sports Arbitration Agency(hereinafter referred to asJSAA), which is a domestic Sports Arbitration system of Japan. JSAA set up on theone hand, helps to solve disputes in the field of sports, maintain the rights of athletes,on the other hand, is beneficial to promote sports transparency and the development ofundertakings of physical culture and sports to Japan. Our country have similarhistorical and cultural traditions with Japan, the researchcan help in setting up theirown sports arbitration system in our country.Japan has its special background of the establishment of sports arbitration system:On the one hand, because the Japanese sports undertakings have made greatdevelopment,more and more disputes happened in sports; on the other hand, due tothe particularity of sports itself judicial review rarely involved in sports field, In orderto protect the lawful rights and interests of athletes and promote the healthydevelopment of sports, there need to have a dispute resolution mechanism. As to bethe Japanese carrier of sports arbitration system,JSAA established under thisbackground, not only promoted the development of the Japanese sports alsoaccelerated the Japanese sports area to be a area which is under the jurisdiction oflaw.Three categories of sports arbitration rules of JSAA is the basis of Japanesesports arbitration system,and it is also the important basis of our research. Thesesports arbitration rules of the applicable objects, the arbitration agreement, thearbitrator and the composition of the arbitration tribunal, the arbitration procedures,emergency procedure of arbitration, the arbitration fees and the arbitrators havedetailed provisions. From JSAA operation, three types of sports arbitration rules, thearbitration case shall JSAA practice, reflects the Japanese sports arbitration systemindependent, impartial, quick, cheap, and many other advantages. Arbitration ofemergency measures, temporary measures, part of the rule changes, agent system,judgment by default, consolidated, apply for withdrawal and so on more embodies theflexibility of Japanese sports arbitration system. The arbitrators and the compositionof the arbitration tribunal, the arbitrator selected program, arbitrator of avoidance andso on embody the fairness of Japanese sports arbitration system. In addition, Japanprofessional sports arbitration system, real-time, confidentiality, etc in its rules of arbitration and arbitration practice also been fully reflected.Although Japanese sports arbitration system has many superiority but also existdeficiencies, lack of sports arbitration institutions in Japan have defects in operationas well as the sports arbitration jurisdiction is too small. JSAA run on the defects initself is not scientific and less funding, business scope wide, sports arbitrationjurisdiction is mainly due to too small has joined JSAA sports organizations adopt"automatically submitted to arbitration clause" ratio is not high. Japanese sportsarbitration system in the future development trend of the main show is theself-improvement and Japan of "sports law" promulgated in2011for the developmentof Japanese sports arbitration system provides a clear legal support, can foresee theJapanese sports arbitration career will be more funds and policy support.Superior sports arbitration system in Japan is worth our using for reference. Ifestablishing sports arbitration institutions in China, on the one hand, the independence,neutrality, public welfare, and its advantages in promoting the development of thesports law and so on is worth our using for reference of learning, on the other handmust prevent JSAA problems appeared in our country. In addition, in specific sportsarbitration practice sports arbitration rules, and revising our country sports law alsocan draw lessons from Japan’s experience of sports arbitration system.