The advantages and disadvantages of arbitration within the sporting context
Produced in partnership with Daniel Meagher of Winston & Strawn

The following Arbitration practice note produced in partnership with Daniel Meagher of Winston & Strawn provides comprehensive and up to date legal information covering:

  • The advantages and disadvantages of arbitration within the sporting context
  • The advantages and disadvantages of arbitration within the sporting context
  • What constitutes arbitration within the context of the internal procedures of sports federations and organisations?
  • Are internal proceedings arbitral? Some practical points to consider

The advantages and disadvantages of arbitration within the sporting context

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 or other tribunals. Any one of these sets of proceedings will be governed by unique procedural rules and protocols.

The speed of process is often most crucial for sport given the frequency of competitions and events. For example, at the Olympic Games, it is vital for both the athletes and for the smooth running

Popular documents