The advantages and disadvantages of arbitration within the sporting context

Produced in partnership with Daniel Meagher of Winston & Strawn
Practice notes

The advantages and disadvantages of arbitration within the sporting context

Produced in partnership with Daniel Meagher of Winston & Strawn

Practice notes
imgtext

The purpose of this Practice Note is to consider arbitration within the context of internal sports proceedings and proceedings before the Court of Arbitration for Sport (CAS), focusing on:

  1. the advantages and disadvantages of arbitration within the sporting context

  2. in what circumstances internal sports proceedings will stand as arbitrations

The advantages and disadvantages of arbitration within the sporting context

Arbitration is frequently cited as having a number of advantages over litigation, including speed, cost effectiveness and flexibility of proceedings. Arbitration is also, generally, a private process whereby the content and outcome of the proceedings remain confidential.

These general traits remain largely true in the context of sports-related arbitrations, but ultimately will depend upon the specific context. Sports-related arbitrations might consist of, for example, internal proceedings of a sports federation or other regulating body, appeals of those decisions to CAS tribunals, appeals of anti-doping decisions to CAS tribunals, appeals of selection and eligibility decisions in the Olympic Games to CAS tribunals, or contract disputes before CAS tribunals

Daniel Meagher
Daniel Meagher

Daniel Meagher is a senior associate in Winston & Strawn's International Arbitration and Commercial Litigation practices. With an English law background primarily focused on international commercial arbitration, Daniel's work relates to projects, companies, governments, state entities, and individuals based in various regions worldwide, including Russia/CIS, MENA, Central and South Asia, and sub-Saharan Africa. He has represented clients in matters ranging from shareholder and joint venture disputes, through to delay and disruption claims in construction projects. Daniel has represented and advised clients in a broad range of types of disputes procedures, including international arbitration (ICC, LCIA, HKIAC, SCC, AAA/ICDR, DIAC, LMAA, ICSID, UNCITRAL administered by PCA, and many other leading arbitral rules and institutions), English Court litigation (in particular, Commercial Court, Chancery, Court of Appeal), mediation, and expert determination. Daniel also frequently advises as to other strategic aspects of multi-jurisdictional disputes where arbitration, litigation, and/or regulatory proceedings may be afoot in many jurisdictions worldwide. This can include, for example, applying for urgent injunctive relief (and responding to such applications) or pursuing enforcement of judgments and arbitral awards.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

Popular documents