The Advantages and Disadvantages of Arbitration within the Sporting Context

Abstract

Sports disputes have distinctive characteristics, primarily due to the commercialization of high-performance sport. With the ever-increasing commercialization, the number of organizations that resolve disputes arising in the sports is growing. Disputes arising in professional sports can be resolved (excluding mediation) through state or arbitration courts, as well as by the jurisdictional bodies of sports federations1. In order to select a form of resolution of sports disputes that best suits the specifics of sports legal relations, it seems highly relevant to study the theoretical and practical aspects associated with methods of conflict resolution in the sports environment. Focusing on international arbitration, this article adopts a practice-oriented approach, adding theoretical support whenever necessary. The reader will thus find the answers to questions as “What are the advantages and disadvantages of arbitration within the sporting context?” or “Will the arbitral tribunal grant a specific type of interim measures?” With this practice-oriented approach, the author hope that this article will provide helpful guidance to practitioners and professional athletes.