The Conflict And Coordination Between The Autonomy Of International Sports Arbitration And Judicial Intervention

Autonomy is the quality of the international sports arbitration,and judicature is the last valve to solve sports disputes.The conflict between them is inevitable.In order to better realize the efficient and fair solution of the international sports disputes,it is necessary to realize the coordination of the two.This paper will use the methods of literature research,case analysis and empirical analysis,from the theoretical and practical aspects of international sports arbitration autonomy and judicial intervention in the conflict and coordination of research,clarify the relationship of the reform and optimization of international sports arbitration,and put forward some useful insights for our country to establish the sports arbitration system.In addition to the foreword and conclusion,this article is divided into five parts:The first chapter will analyze and expound the autonomy of international sports arbitration and the intervention of the judiciary to the international sports arbitration autonomy.From the establishment of the institution to the beginning of the arbitration to the enforcement of the verdict,autonomy runs through.And the judicial intervention to the international sports arbitration autonomy is also beginning to exist.Both are the results of both internal and external factors,and their existence and development are both necessary and reasonable,and the target object is in essence a coincidence.Therefore,the occurrence of conflict is inevitable.The second chapter will demonstrate the conflict between the international sports arbitration autonomy and the judicial intervention.The sentence of the Munich high court in the typical case of Pechstein has made a great impact on the international sports arbitration autonomy,indicating that both in the arbitration jurisdiction,the independence and impartiality of arbitration and validity of such conflict.It also reflects that the essence of conflict is the value of justice and efficiency,which is different from procedural justice and substantive justice,and is the mode choice of autonomy and rule of law.The third chapter will demonstrate the development trend and specific standards of judicial intervention in international sports arbitration autonomy to achieve coordination.At present,highly autonomous international sports arbitration plays a leading role in the international sports dispute resolution mechanism.It is more conducive to achieve coordination from the perspective of judicial intervention.We must stick to the principle of prudent intervention and guide the development of the doctrine of the rule of law,clarify the three specific judicial intervention standards of due process standard,public order standard and equity consideration standard,and achieve the coordination between them in a more orderly judicial intervention mechanism.The fourth chapter will point out the direction of the reform of international sports arbitration and discuss the concrete measures to improve and optimize it to reduce the conflict.On the one hand,self-discipline should be strengthened to improve the quality of self-government.On the other hand,the rule of law of the international sports dispute settlement mechanism should be promoted.Consolidating the basis of jurisdiction,enriching the way of arbitrator selection,perfecting the arbitration procedure and adjusting the applicable rules of law,in order to reduce the conflict with judicial intervention,and achieve a more equitable and effective solution to international sports disputes in the relationship between coordination and judicial intervention.The fifth chapter will put forward the experience for the construction of sports arbitration system in China.China's sports dispute resolution has not yet achieved specialization,mechanism and diversification.The establishment of sports arbitration system is an important way to improve the present situation,and 2022 Beijing-Zhangjiakou Winter Olympic Games will provide an opportunity.On account of sports administration of China's special national conditions and international sports arbitration paradigm,we should ensure the development of independent domestic sports arbitration,and then build a perfect self-government solution system for domestic sports disputes,in the meantime,persist tin prudent and necessary judicial intervention.