Sports disputes and disciplinary procedures – the year in review 2018/19
For the last few decades, we have seen more and more disputes being dealt with through arbitration (and in some cases mediation), as opposed to through the State Courts. Those in favour of sports arbitration will point to advantages including speed, costs, privacy and having the dispute heard by sports specialists. However, over the years, these systems of alternative dispute resolution system have been challenged many times and in many different ways, for example:
Is it always quicker and cheaper?
Are the specialists independent?
Are the institutions themselves independent?
Should sports governing bodies pick their own panels?
Does a private hearing offend an individual’s human rights?
The last year was no exception. In this article, the authors examine the increase in the number of cases being dealt with, before summarising some key cases and developments both domestically and internationally occurring over the past twelve months.
Get access to this article and all of the expert analysis and commentary at LawInSport
Already a member?
Articles, webinars, conference videos and podcast transcripts
This work was written for and first published on LawInSport.com (unless otherwise stated) and the copyright is owned by LawInSport Ltd. Permission is granted to make digital or hard copies of this work (or part, or abstracts, of it) for personal use provided copies are not made or distributed for profit or commercial advantage, and provided that all copies bear this notice and full citation on the first page (which should include the URL, company name (LawInSport), article title, author name, date of the publication and date of use) of any copies made. Copyright for components of this work owned by parties other than LawInSport must be honoured.
- Tags: Anti-Doping | CAS Ad Hoc Divisions | CAS Anti-Doping Division | CAS Code | Court of Arbitration for Sport (CAS) | Dispute Resolution | European Court of Human Rights (ECtHR) | FIFA Disciplinary Committee | FIFA Dispute Resolution Chamber (DRC) | FIFA Players’ Status Committee (PSC) | FIFA Regulations on the Status and Transfer of Players (RSTP) | Football | Ice Skating | Olympic | Regulation | Sports Resolutions (UK) | Swiss Federal Tribunal (SFT) | Third-Party Ownership (TPO) | United Kingdom (UK)
- Sport, safety and participation – the year in review 2018/19
- Sports integrity (betting and corruption) – the year in review 2018/19
- Sport and anti-doping – the year in review 2018/19
- The validity of FIFA’s arbitration clause and the independence of the CAS: A detailed review of the RFC Seraing cases
- The right to a fair hearing in sports’ cases: lessons from the ECtHR’s decision in Mutu & Pechstein
- FIFA’s April 2018 amendments to its Regulations on the Status and Transfer of Players (RSTP)
- Changing the game: Dissecting the landmark reforms endorsed by the FIFA Football Stakeholders Committee
- Sex on a spectrum in the binary world of sport: the CAS’s decision in the case of Caster Semenya & Ors v the IAAF