Introduction
Arbitration is a dispute resolution mechanism, in which the parties decide that their disagreement will be heard and determined by an arbitrator rather than a judge in a court of law. Arbitration is one among the Alternate Dispute Resolution methods, which is sought to avoid going to court or to avoid litigation. In arbitration, upon hearing from both parties, the arbitrator or panel of arbitrators put forward a decision that is legally binding upon both the parties. Depending on the type, there may be an option to appeal as well. The significance of arbitration in sports law will be discussed in this article. Before that, it is important to understand what sports law is. It was often mentioned as a mixture of all the laws from various areas that fit into the sports perspective. However, it has evolved into a distinct area of law that is still undergoing significant development. It has gained recognition and is a highly specialized area of law, which covers the substantive laws of the sports industry as well as policies and judicial decisions that are binding upon sports federations and athletes at both the national and international levels.
Since sports are a part of global culture, they can unite people across the globe, as well as divide them. This is especially evident during sports tournaments such as the FIFA World Cup, NBA Finals, ICC World Cup, Olympic Games, etc. The prevalence of disputes among athletes or federations or both, is common in sports, as they are competitive events. The Court of Arbitration for Sports (CAS) was formed in response to the need for an arbitral body to resolve this matter.
The Court of Arbitration for Sports (CAS)
In the sector of sports, The Court for Arbitration for Sports (hereinafter referred to as CAS) facilitates providing a solution to the disputes that arise, through arbitration or mediation. The rules mentioned under CAS are tailor-made to cater to the specific needs of the sports field. The International Olympic Committee (IOC) established the CAS in Lausanne, Switzerland in 1984 to provide a superior body for resolving sports disputes and to forego national judicial jurisdiction. This authority was created by Juan Antonio Samaranch, then president of the International Olympic Committee (IOC), with the intention of resolving any conflicts that may emerge during the Olympic Games. Later it turned into a body for solving issues for others as well. CAS is also known as the ‘Sports Supreme Court of the World’ as it controls the disputes arising in the sports field globally. In 1992, an appeal was filed at the Federal Supreme Court of Switzerland challenging the decision of CAS in Gundel v. La Fédération Equestre Internationale[1]. Upon addressing this, the Swiss court shed light on the relationship between IOC and CAS. As the founding body of CAS, IOC provided funding, took the authority to appoint officials, and even altered the provisions, creating concerns about the neutrality and fairness of the organization. Following this, CAS went under massive restructuring to become an independent body, administratively as well as financially. Thus, the International Council of Arbitration for Sports (ICAS) was created to replace the International Olympic Committee (IOC) while providing guidance in the management and financing of the CAS. ICAS serves as CAS’s supreme authority and assists CAS in maintaining a transparent functioning mechanism in order to gain the trust of the public and preserve its credibility.
The CAS was formed with the purpose of removing international sports disputes from the jurisdiction of national courts and paving the way for a new system that is both specialized and appropriate for the sports sector, as well as delivering high-efficiency, quick, and flexible settlement. If the parties cannot agree on an effective law or if the discussion fails, Swiss law applies. Because it is considered the top body, CAS not only handles conflicts that are directly related to them, but it also has the authority to hear appeals from related bodies. The World Anti-Doping Agency (WADA)[2], for example, has the right to appeal doping cases to the CAS.
Advantages of Sports Arbitration over Litigation
Maintaining Confidentiality
Because sports are popular all across the world, there’s a high likelihood that matters regarding them will get a lot of media coverage. The media pays close attention to issues such as substance abuse, betting, and other such topics. Here their careers are at stake and once wrong information can set their future aflame. The media has the ability to build someone’s life, but it also has the ability to tear someone down. The facts and disclosures made in an arbitral action are kept confidential, and the procedure is held in private. The verdict is made public to some extent in some exceptional instances. It even allows the parties involved to stay confidential if they so desire. So maintaining privacy during the whole procedure is crucial and that is not available in the case of litigation, where the details of the case are open to non-parties as well.
Swiftness
The arbitration’s flexibility and rapidity are two features that make it a popular dispute settlement option in the sports industry. Sports are an example of a field in which time is money. The age and health of an athlete have a significant impact on their accomplishments. Arbitration does a great job of focusing on this subject and delivering a judgment as quickly as feasible. Due to the short career lengths of athletes and the demanding competition timetables, parties are unwilling and, in some circumstances, unable to wait several months or years for a conflict to be settled. Arbitration includes precise rules and less complicated procedures that are designed to deliver a reasonable decision as quickly as possible, and it serves as a lifesaver for athletes.
Decisiveness
The arbitration clause makes it clear that the decision made by the arbitrator is final and legally binding on all the parties. This decision is accepted globally as per jurisdiction. Although the options to challenge these rulings are limited, the provision for an appeal is available. However, the success rates of these appeals are minimal. As of the survey from 2012, in the matter of appeals against CAS, there have only been seven[3] successful cases since its establishment. When all parties need to continue on with the sporting competition or profession in question, issuing an arbitrational verdict is very crucial.
Expert Decision Making
The arbitrators chosen for the hearings are experts who are well-versed in the issues at hand. Sports are a global industry with a plethora of contracts and regulations. Furthermore, having a competent authority that is well-versed in all facets of sports is critical to effectively resolving the disagreement. As a result, parties will value their option to pick a tribunal with knowledge relevant to the specific dispute.
Tonya Harding Case[4]
This was a case involving criminal conduct in the sports arena, in which the victim, Nancy Kerrigan, was viciously attacked while training, preventing her from competing in the United States Figure Skating Championships (USFSC). Tonya Harding, her main challenger, won the competition as a result of this. Later, speculations in the media claimed that Tonya was the perpetrator of the assault, prompting the launch of an investigation. The court found Harding guilty, confiscated her 1994 national title (USFSC), and barred her from competing in sanctioned events for the rest of his life.
Conclusion
Arbitration is a preferred method for resolving sports conflicts. Various countries, such as the United Kingdom and Canada, have their own dispute resolution procedures for sports issues. The increasing growth of sports has highlighted the importance of having a body that can promptly resolve conflicts in order to keep things running smoothly. As a result, the demand for specialized lawyers in the fields of sports law and sports arbitration is growing. Most commercial arbitration lawyers often find themselves wandering into the field of sports arbitration in some fashion due to the particular characteristics of sports dispute resolution. The success of CAS demonstrates the importance and necessity of arbitration in obtaining a concrete resolution. Apart from Switzerland, CAS maintains other courts in Sydney and New York to expand its international reach. India, after considering the issues, created its own independent arbitration body for sports called the India Court of Arbitration for Sports (ICAS), which resolves disputes efficiently.
When a sports conflict emerges, if it is handled incorrectly, the game’s dignity can be jeopardized. However, if managed properly with the appropriate amount of tact and neutrality, the game’s honor and goodwill can be preserved. Arbitration’s ability to be flexible on a situation-by-situation basis is remarkable. Arbitration to resolve current difficulties has long been required for the welfare of sports.
References:
[1]Blackshaw, I.S. (2013). CAS 92/A/63 GUNDEL v FEI.
[2] Court of Arbitration for Sport, World Anti-Doping Agency (2021), https://www.wada-ama.org/en/court-of-arbitration-for-sport (last visited Dec 9, 2021).
[3] Wikimedia Foundation. (2021, November 24). Court of Arbitration for Sport. Wikipedia. Retrieved December 9, 2021, from https://en.wikipedia.org/wiki/Court_of_Arbitration_for_Sport.
[4] Pak, E. (2021, December 3). Tonya Harding and Nancy Kerrigan: A complete timeline of Kerrigan’s attack and aftermath. Biography.com. Retrieved December 9, 2021, from https://www.biography.com/news/tonya-harding-nancy-kerrigan-attack-photos.
Other Sources:
- Shivang Yadav and Harshit Gupta, Arbitration in the realm of sports law – need of the hour or not? Jurist (2020), https://www.jurist.org/commentary/2020/04/yadav-gupta-sports-arbitration/ (last visited Dec 9, 2021).
- Aceris Law LLC, Sports arbitration: Certain unique features and the Court of Arbitration for Sport (the “CAS”) • aceris law LLC ACERIS LAW (2021), https://www.acerislaw.com/sports-arbitration-certain-unique-features-and-the-court-of-arbitration-for-sport-the-cas/ (last visited Dec 9, 2021).
- Michelle Sunita Kummar et al., Stepping into a niche: Exploring the world of International Sports Arbitration Kluwer Arbitration Blog (2020), http://arbitrationblog.kluwerarbitration.com/2020/10/27/stepping-into-a-niche-exploring-the-world-of-international-sports-arbitration/ (last visited Dec 9, 2021).
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