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A Study On Doping Dispute Resolution Through International Sports Arbitration

Posted on:2015-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiFull Text:PDF
GTID:2296330467954310Subject:Law
Abstract/Summary:PDF Full Text Request
With the development trend of international sports, various sports disputes arealso increasing. Doping dispute, as a main type of dispute in sportscompetition,has caused the parties concerned. Arbitration, as an important way tosolve disputes, also canonized by many countries and sports. In order to solve thedoping disputes, China should actively learn from the Court of Arbitration for Sportsand the experiences of other countries.The Court of Arbitration for Sports(referred to as CAS)has the authority of thesports disputes, besides most disputes handled by CAS are doping disputes. From theintroduction of the arbitration mechanism of CAS, not only the arbitration systemand the procedure problems with typical case analysis, but also the practice ofAmerica and other sports powers. As China is also a sports power,however, there isno domestic sports arbitration law, nor the sports arbitration institutionspecialized.This is harmful for the sports disputes resolution.Though the comparativeanalysis of international sports arbitration, hopefully can bring a bright view todoping dispute of China’s arbitration and the establishment of sports arbitration.In this paper, the structure and the system is divided into four chapters:Chapter1gives an overview of the doping disputes settlement mechanism. Firstdiscusses the causes and harms of doping, analyzes the characteristics different fromthe general sports disputes. And then introduces the existing solution, mainlyon internal mechanism, litigation and arbitration. Due to meet the value goal ofjustice and efficiency, sport arbitration became the most important way.Chapter2deals with the doping dispute settlement practice of CAS,focuses onthe analysis of the appellate procedure and applicable law, and through the analysis ofthe first successful case through sports arbitration, summarizes the arbitrationprocedures and safeguard the legitimate rights and interests of players. Chapter3elaborates on the practice of arbitration of American based sportspowers, focus on the Anti Doping Mechanism and arbitration system, and introducethe arbitration practice of Germany, Italy and Switzerland briefly, comparativeanalysis of the doping disputes solving system in the international and national levels,provides a reference for our country in line with international standards.Chapter4deals with the doping disputes resolution in China. Based on theexisting disputes settlement mechanism and legislation, put forward to draw lessonsfrom the International Court of Arbitration for Sports and American arbitration mode,make suggestions for the establishment of an independent sports arbitrationinstitution.
Keywords/Search Tags:Doping, International Sports Arbitration, Court ofArbitration for Sports
PDF Full Text Request
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