THE ROLE OF ARBITRATION IN RESOLVING SPORT-RELATED DISPUTES BY SALAMI OLUWATOYIN

ABSTRACT

Disputes are inevitable parts of relationships and to maintain such relationships, these disputes need to be resolved amicably. In the sports world, arbitration plays a key role in the resolution of sport-related disputes; especially with the establishment of the Court of Arbitration for sports (CAS), which is often referred to as the "Supreme Court of World Sport". CAS is a specialised arbitral tribunal for resolving sports disputes. This article seeks to discuss the role of arbitration in resolving disputes in the entertaining world of sports.

1.0 INTRODUCTION

Goal!!! This is the sound of victory you exclaim when your favourite football team scores a goal. There are various sporting activities such as football, basketball, wrestling, cricket, and so on. Sport does an excellent job of unifying people from all walks of life. Nevertheless, the sports industry goes beyond entertainment, as it involves relationships formed by different athletes, sports clubs, Federations and so on. Undeniably, where a relationship has been established, disputes are bound to arise. For sports disputes, therefore, arbitration is the most preferred dispute resolution mechanism mainly because of its unique features of efficiency, effectiveness and user-friendliness.

Undoubtedly, arbitration has been established to be a successful method of resolving sports disputes and as a result, it has gained the favour and confidence of the sporting world. For over thirty years, the Court of Arbitration for Sports (CAS) in Lausanne, Switzerland has dominated the landscape of International Sports Arbitration.

2.0  WHAT IS ARBITRATION?

Arbitration is an Alternative Dispute Resolution (ADR) mechanism whereby parties appoint a neutral third party known as an 'arbitrator' to hear their dispute and render an 'arbitral award' that will be final and binding on the parties. Arbitration is usually less formal, less expensive and less time-consuming than a trial, thus providing for an efficient means of resolving disputes. The most important body offering various forms of ADR in sports at the international level is the CAS. The CAS is an independent body saddled with the responsibility of resolving sports disputes through arbitration.

3.0 THE COURT OF ARBITRATION FOR SPORT(CAS)

The CAS was established in 1954 by the International Olympic Committee (IOC) and had been placed under the supervisory authority of the International Council of Arbitration for Sports. It has nearly 300 arbitrators from 87 countries, who were chosen based on their specialised knowledge of arbitration and sports law. Commercial and disciplinary disputes are the two types of disputes that can be submitted to the CAS. Commercial disputes involve issues relating to the execution of contracts such as player transfers and urgency contracts, sponsorship contracts and the like while disciplinary disputes deal with cases of doping, violence, racism and so on. The CAS ensures that disputes that arise during international sports and Olympic games are resolved quickly and impartially. The decision of the CAS is final and binding on the parties to the dispute.

4.0 THE ROLE OF ARBITRATION IN RESOLVING SPORTS DISPUTES

Arbitration is a dispute resolution mechanism that is revered in the sports world because of the vital role it plays in resolving sports disputes. One of its roles in resolving this calibre of disputes is ensuring a speedy resolution of sport disputes. The sports industry revolves around a series of fixed sporting events and competitions and thus, disputes should be concluded before an event takes place, in order for the resolution of sports disputes to be effective. Generally, the careers of sportsmen are short. Therefore, any lengthy time spent in litigation would harm the sportsman's career. In the case of UEFA v. Jean-Marc Bosman (1995) C - 415/93, a Belgian footballer who played for the Belgian First Division team R.F.C de Liege wanted to change teams to Dunkerque, a French Club after the expiration of his contract in 1990. However, the French Club did not meet the Belgian Club's transfer fee demand, so Liege refused to release Bosman. Bosman instituted an action to the European Court of Justice and the Court ruled in his favour after 5 years of litigation and appeals. However, despite this victory for Bosman, he lost a considerable part of his career due to the duration of the case.

Whereas, in the case of FC Dinamo Minsk v. Christian Udubuesi  Obodo CAS 2015/A/4327, an international Nigerian player entered into a one-year contract with FC Dinamo and the player suffered sharp pain during his training sessions. After a series of tests in the Club's emergency hospital, he was diagnosed with an unspecified infection. The player travelled out of Belarus for medical treatment. The Club terminated their contract with the player. The player instituted proceedings at the Court of Arbitration for Sport and the tribunal ruled in favour of the player. Obodo's case was instituted in 2015 and the verdict was given in 2016. One can see the timeliness of arbitration tribunals in hearing and determining a sport-related matter unlike the Bosman's case where litigation brought about a prolonged verdict. The swift resolution of sports disputes allows the competition to proceed on schedule.

In arbitral proceedings, the arbitrators are of various niches having hands-on expertise and experience in that field. For instance, in disputes relating to cricket, the arbitrator who will be hearing and rendering arbitral award will be one whose expertise is in cricket sport as such ushering in the much-needed role of specialisation afforded by arbitration. Therefore, the role of Arbitration in the settlement of sports-related disputes cannot be underestimated. The legal maxim "to delay justice is injustice" could not be more relevant than discussing the resolution of sports disputes.

5.0 CONCLUSION

From the foregoing, one can see and appreciate the impact of arbitration in the world of sports as it provides a quick resolution of disputes, thereby saving the career of sportsmen. Also, arbitration is cost-effective and a more efficient dispute resolution mechanism. Hence, the use of arbitration in resolving sports disputes should be encouraged and promoted.

REFERENCE 

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2. LL.B Mania, ' Role of Arbitration in Resolution of Sports Disputes' (2, December 2021) < https://llbmania.com/2021/12/02/role-of-arbitration-in-resolution-of-sports-disputes/> accessed 13, September 2022.

3. Nazli Kaçar, ' Turkey: Alternative Resolution Methods in Sports Disputes (06, January 2022) < https://www.mondaq.com/turkey/arbitration-dispute-resolution/1147826/alternative-resolution-methods-in-sports-disputes> accessed 13, September 2022.

Omaplex Law Firm, ' The Place of Arbitration in Resolution of Sports Disputes'( 19, February 2021)  < https://omaplex.com.ng/tag/arbitration/> accessed 13, September 2022.