| The international disputes related to sports increase with the gradual internationalization of sports industry.Arbitration is the best choice to solve sports disputes by virtue of its advantages of high efficiency,professionalism and flexible form.Various sports arbitration institutions represented by the International Court of Arbitration for Sport(CAS)has also emerged in this context.The International Court of Arbitration for Sport,in particular,as an arbitration institution specifically responsible for resolving international sports disputes,after decades of evolution and development,its status and authority have been recognized by the vast majority of countries in the world and various sports institutions,known as the "Supreme Court of sports".Correspondingly,all arbitration bodies for sport,including the Court of Arbitration for Sport,are only dispute resolution bodies,which do not have the function to guarantee the recognition and enforcement of the arbitration award by national competent judicial authority or sports bodies.Moreover,since the CAS has not formulated specific uniform rules for the recognition and enforcement of arbitral awards,the recognition and enforcement of arbitral awards mainly depends on the cooperation of sports bodies in the sports world and the competent judicial organs of various countries.Each sports body shall recognize and enforce the award in accordance with its constitution,and the judicial body shall act in accordance with the New York Convention.Based on the affirmation of the independence and authority of CAS,judicial organs of various countries tend to support the recognition and enforcement of awards of international arbitration for sports.However,due to the fact that the New York convention is only a framework convention in essence,its relevant rules are very broad and not specific,and sports disputes have their own particularity,which leads to the lack of specific guidelines and guidelines in the application of the convention to recognize and implement awards of international arbitration for sports,causing difficulties in application.In addition,due to China’s commercial reservation to the convention and the conflict between the arbitration law and sports disputes,as well as the imperfect sports legal system,China has additional difficulties in recognizing and enforcing the awards of international arbitration for sports.Therefore,from the perspective of China’s judicial practice,this paper will provide a practical scheme for China to recognize and implement awards of international arbitration for sports.This paper is divided into four parts.The first part gives an overview of the arbitration as well as the award of the International Court of arbitration for Sport,briefly introduces its institution,types of dispute it handles and jurisdictional basis,and summarizes the particularities of awards of international arbitration for sports compared with international civil and commercial arbitration awards based on the above contents,then discusses their influence on the recognition and enforcement of international sports arbitration award.The second part,based on the content of the first part,discusses the application of the New York Convention to awards of international arbitration for sports from the perspective of the nature of the such award,the applicability of the New York Convention to it,and the application of the reasons for refusing to recognize and enforce the arbitration award in the New York Convention to the arbitration award in sports.The third part expounds the main legal problems encountered in the application of the New York convention to recognition and enforcement of the arbitration award in sports.The fourth part will put forward specific suggestions on the problems mentioned in the third part. |
