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Annual Review On Sports Dispute Resolution In China (2020)

Annual Review On Sports Dispute Resolution In China (2020)
Thursday, 21 January 2021 By Guo Cai, Jeffrey Benz

Sports Dispute Resolution in China: An Annual Review and Preview* 

An introduction to the Annual Review by Guo Cai is available here.

Table of Contents

PART 1. OVERVIEW.

PART 2. MAJOR UPDATES OF LAWS, REGULATIONS, AND OTHER POLICY DOCUMENTS IN THE SPORTS SECTOR.

2.1 Law of the People’s Republic of China on Physical Culture and Sports 

2.2 National Sport Policies at the State Council Level 

2.3 Effect and Influence of the State Council Sport Policies on Legal and Regulatory Framework in Sports 

2.3.1 Streamline Government Regulations and Remove Administrative Hurdles to Energize the Market 

2.3.2 Review, Revise, and Annul Outdated Regulations to Speed Up the Revision to PRC Sports Law  

2.3.3 Reform the National Sports Associations to Ensure Detachment from the State Administrative Organs 

2.3.4 Promote Professional Sports 

2.3.5 Acknowledge the Commercial Value of Intangible Sports Assets and Promote Commercialization  

2.4 Nationwide Implementation of the State Council Sport Policies and Effects 

PART 3. CASE STUDIES.

Case 1.WADA vs Sun Yang & FINA

Case 2.Recognition and Enforcement of a CAS Award by the PRC Court under the New York Convention

Case 3.Chinese Players vs. Dalian Transcendence Football Club

PART 4. PRACTICAL AND ACADEMIC FOCUS. 

4.1 “Sports Arbitration Institution” under Art 32 of the PRC Sports Law

4.2 Sports Dispute Resolution Mechanisms Related to the Beijing Olympic Winter Games 

4.3 Revision to Rule 40 of Olympic Charter and Its Impact on Athletes’ Commercialization. 

PART 5. SUMMARY AND PROSPECTS. 

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Written by

Guo Cai

Guo Cai

Ms. Guo Cai oversees the International Law and Sports Business practice, Jin Mao Law Firm, the first Chinese law firm to establish a practice dedicated to the sports industry. Ms. Cai graduated from Harvard Law School and China University of Political Science and Law. She also held an LLM in Human Rights (distinction) from the University of Hong Kong. Admitted to practice in China and the US (New York), Ms. Cai specializes in international dispute resolution and sports law, with the aspiration to grow with the Chinese sports industry and connect international best practice with sports in China.

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Jeffrey Benz

Jeffrey Benz

Jeff is an accomplished arbitrator, mediator and certified electronic discovery specialist with JAMS in Los Angeles and London and is a Door Tenant at 4 New Square Chambers, London.
Jeff started his law practice in San Francisco, first with a small maritime and admiralty firm and then with a major international law firm (Coudert Brothers) as an antitrust, commercial and IP litigator.  As a former General Counsel of the United States Olympic Committee (where he was responsible for all of the legal work (commercial, regulatory, governance, and otherwise) of the world’s largest and most successful National Olympic Committee), and other leading sports entities (including a stint as a California licensed professional boxing promoter, and separately as professional beach volleyball executive), and as a former athlete, Jeff's sports credentials are without compare, though sports disputes form only a part of Jeff’s overall dispute resolution experience and practice. 
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