How to Deal with Disputes in Sport - What’s New?
Sport is big business and worth 3% of world trade. So, there is much at stake both on and off the field of play.
It is not surprising, therefore, that sports legal disputes are on the increase. The question arises: how best to settle them? Traditionally through the Courts or the modern way through ADR (Alternative Dispute Resolution)?
The sporting community has long preferred to settle their disputes 'within the family of sport' and in private. That is 'extra-judicially' by ADR.
The Court of Arbitration for Sport (CAS) was set up for this purpose in 1984 and is currently registering between 550 and 600 new cases each year.
This course will examine the combined leading case of Mutu and Pechstein and discuss the effect of the decision on the CAS in particular and on the future of the system of sports arbitration in general, taking into account the views of the CAS itself, as expressed in the corresponding media releases.
The course will be interactive with opportunities throughout for questions, comments and discussion of the many sports legal issues raised by this landmark decision.
What You Will Learn
This course will cover the following:
- The settlement of sports disputes generally and by arbitration particularly
- The organisation of sports arbitration
- Its advantages and disadvantages
- The bodies providing sports arbitration, including the American Arbitration Association and the Court of Arbitration for Sport
- The Mutu and Pechstein cases, including the background and the legal issues
- In-depth analysis of the European Court Justice (ECtHR) Judgment in these cases
- The dissenting opinions in the ECtHR Judgment and their significance
- The implications of the ECtHR Judgment for sports arbitration in the future
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