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Chapter 43 - The Sports Arbitral Tribunal - International Arbitration Law And Practice, Third Edition

Author(s): 
Mauro Rubino-Sammartano
Page Count: 
34 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Practice Areas: 
Sports,
CAS
Author Detail: 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA.  Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description: 

Originally from International Arbitration Law and Practice, Third Edition

43.1. The Practice of Sport

The purpose of organising sports events has been described as being to ensure that winners win, but do so through proper proceedings.1 It might be preferable to see it as the activity of setting up competitions that aim to attract athletes to achieve their best performance in compliance with the rules of the game. However characterized, its cornerstone is that the participants in such competitions should compete on equal footing.

According to the Olympic Charter:2

“The practice of sport is a human right. Every individual must have the possibility of practising sport without any discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendly solidarity and fair play.”

Table of Contents: 

CHAPTER 43: THE SPORTS ARBITRAL TRIBUNAL

43.1 The Practice of Sport
43.2 Sport Organisations
43.3 The Olympic Games
43.4 The Relationship between the Athlete and a Sport Organisation
43.5 The Freedom to Join an Association
43.6 The Licence
43.7 Is There a Sports Legal Order?
43.8 The Settlement of Sport Disputes
43.9 National Alternatives : Arbitration Bodies
43.10 Consent as the Basis of Arbitration
43.11 Law Applicable to Form and Consent
43.12 Form Requirements
43.13 Consent to Arbitration
43.14 Implications of the Athlete’s Claim to an Arbitral Tribunal 
43.15 Arbitrability
43.16 Disputes Related to Sport
43.17 Public Policy
43.18 The Court of Arbitration for Sport
43.19 The Basketball Arbitral Tribunal (BAT)