Research Of Germany Sports Arbitration System

The German arbitration association (hereinafter referred to as DIS) set up the Germancourt of arbitration for sport in2008and formulated the rules of arbitration for sport. Theestablishment of the German court of arbitration for sport is proposed from DIS andGerman Anti-Doping Agency (hereinafter referred to as NADA). The German court ofarbitration for sport deal with doping, sports-related disputes, transfer disputes, licensingcontracts, sponsorship contracts and associations dispute. The arbitration rules for sport ofDIS have special requirements for arbitration of doping cases. The German court ofarbitration for sport promoted the German sports and German arbitration for sport. It isvery useful to study the German sports arbitration systems, in order to establish a morecomprehensive sports arbitration system in China.This article describes the overview of the German arbitration rules for sport, sothat the Chinese can have a more comprehensive understanding to it. Compared with thetribunal inside sports associations, the German court of arbitration for sport can bedescribed as a “real” court of arbitration for sport, which is also more independent andjustice in the organization, and it is more quickly in solving problems of sports disputes.So that it resolves disputes related to sports arbitration as a national authority body inGermany. Besides, DIS established the rules of the appeals against federation’s arbitralawards. the German court of arbitration for sport hearing the arbitration proceedingsaccording to arbitration rules for sport of DIS. Refer to the arbitration rules for sport, thearticle focus on the requirements of the arbitration agreement, the selections of arbitrators,costs of arbitration, temporary measures, arbitral awards and arbitration processes. Theselections of arbitrators and temporary measures reflect the relative flexibility,professional and comprehensive of the German sports arbitration system. Confidentialityprovisions of the arbitration award protect the interests of the parties, in particular theprovisions of the appeal process reflects the particularity of German sports arbitrationsystem, these are very necessary to learn when establishing sports arbitration system inour country.However, it exists something inadequate in the German sports arbitration system.Firstly, the standards of join in the list of arbitrators are not clear, there is no strict systemto regulate the criteria of join in the arbitrators’ list. Secondly, the German court ofarbitration for sports is not sufficiently independent, especially the operation of institution which is over-reliance on DIS, this can not fully reflects its independence. Thirdly, thecosts of arbitration are too high. For series of problems appear in the German sportsarbitration system, China needs to learn from those experiences to develop a morecomprehensive arbitration system for sports，which is in line with China’s nationalconditions. At the last of the article, we discuss that in the process of developing Chinesesports arbitration system, learning the experience of German sports arbitration systemwhich provides a feasibility study program for the development of Chinese sportsarbitration system is very important.