On The Recognition And Enforcement Of International Sports Arbitration Awards

As the most influential international sports arbitration institution in the world,the International Sports Arbitration Court(hereinafter referred to as CAS)specializes in solving sports disputes through sports arbitration.Because CAS has the advantages of quickness of arbitration procedure,professionalism of arbitrators,low cost of fees,and universality of international awards,although it has not been established for a long time,it has received a surge of cases and concluded trials quickly,and has achieved remarkable wor k.With the continuous increase in the number and types of sports disputes,the scope of CAS arbitration has also expanded,including not only commercial disputes such as athlete transfers and event broadcast rights contracts,but also non-commercial disputes such as eligibility and discipline,Increasingly,international sports arbitral awards with enforcement content(hereafter referred to as CAS awards)need to be recognized and enforced in countries outside Switzerland.Like international commercial arbitration awards,CAS awards need to be recognized and enforced.Because CAS does not have a separate rule for the recognition and enforcement of CAS awards,the enforcement of sports arbitral awards mainly depends on the internal enforcement system of the sports industry and the "Recognition and Enforcement of Foreign Arbitral Awards"(hereinafter referred to as the "New York Convention").The internal enforcement system relies on its efficient and compulsory method to urge the parties to perform the arbitration content according to the ruling.In many cases,this method is effective but its own legitimacy is questioned.If the CAS award is enforced through a court outside Switzerland,an application is submitted to a court with enforcement jurisdiction under the New York Convention.Generally,most countries will recognize and enforce CAS arbitral awards.Although the New York Convention can be applied to the recognition and enforcement of foreign arbitral awards,due to the unequal status of parties in sports,this makes the recognition and enforcement of international sports arbitral awards unique.At the same time,the "New York Convention" itself is not perfect,which makes the conflict of terms of the CAS decision in the application process,these problems may affect the validity of the CAS award and the recognition and enforcement of the award.This article is divided into four parts for discussion.The first part introduces the methods of recognition and enforcement of CAS awards,and then introduces the applicable conditions of the New York Convention,the application of commercial reservations,and the circumstances of refusal to recognize and enforce arbitral awards.The second part focuses on the four aspects of the recognition criteria,conditions,methods and methods,and procedures of foreign sports arbitration awards,and lays a theoretical foundation for the recognition and enforcement of CAS awards.The third part discusses the necessity and limits of judicial review of the recognition and enforcement of CAS awards.Taking the case of Perchstein v.ISU as an example,it analyzes the development trend of judicial review of CAS awards.The fourth part explores the applicability of the recognition and enforcement of CAS awards.These issues need to be addressed in the theoretical community and in judicial practice,so that CAS awards can be successfully recognized and enforced in countries outside Switzerland.