| The Sun Yang arbitration case highlights the importance of language issues in international sports arbitration.The choice of arbitration language may affect the parties’ right of presentation or equal treatment and undermine the principle of due process.The language problem is not only a formal problem,because the choice of language may bring about huge translation costs and a lot of time loss,which has a substantial impact on the case.In its arbitration rules,the International Court of Arbitration for Sports focuses on the language of arbitration in Article R29.After years of practical testing,the arbitration language rules have been constantly innovating and improving.From the type of working language to the language decision agency and the submission of translated texts,the connotation of Article R29 is constantly enriched and full.However,compared with the language regulations of some international arbitration institutions,there are also defects that limit the autonomy of the parties.The parties can only choose one of the working languages as the language to be used in the arbitration procedure.All official texts must be submitted in the selected language.Compared with other international arbitration institutions,which allow more than one language to be used at the same time,this limits the parties’ procedures.Autonomy;the International Court of Arbitration for Sports follows the basic principle of“whoever submits,who translates” for the division of responsibilities for translation obligations in court hearings.This rule makes parties who are in a disadvantaged position more vulnerable and loses equal treatment.opportunity.This imbalance between the management power of the International Sports Arbitration Court and the autonomy of the parties will not only affect the legitimacy mechanism of the international sports arbitration system,but also weaken the parties’ subjective justice experience of participating in arbitration.The practical problems of the arbitration language rules exposed in the Sun Yang arbitration case are also reflected in the lack of current translation regulations,which makes the operability in court trials not strong and there are no guiding operating rules.There are many parties involved in the International Court of Arbitration for Sports,and all arbitration work must be carried out in an orderly manner.It depends on the support of clear court translation rules.However,the current Court of Arbitration for Sports The admission of personnel is not clearly stipulated,and there is a lack of scientific guidance.These series of practical problems all require the International Court of Arbitration for Sports to respond quickly in terms of the system.In order to solve the problems of the International Court of Arbitration for Sports that pay too much attention to the form and the unclear operation of the court trial translation,the International Court of Arbitration for Sports needs to improve the relevant provisions in its arbitration rules to ensure the equal treatment of the parties.This means that the International Court of Arbitration for Sports should not embarrass the parties in the form of language choice,but should take into account the flexibility of specific cases,and conditionally support the parties’ procedural autonomy on the premise that both parties agree;The system has tilted protection,giving disadvantaged athletes the opportunity to obtain legal aid in sports arbitration;finally,a new court trial translation system is constructed to maintain the normal order in the court trial.Clarify the specific rules for court trial translation.On-site court trial cases should be based on the principle of applying consecutive interpreting to improve the accuracy of court trial translation.There should also be a corresponding qualification review system for the translators selected by both parties. |
