Principles Governing the Settlement of Disputes in International Sports Arbitrations
Journal: International Journal of Nations Research (Vol.4, No. 48)Publication Date: 2019-12-21
Authors : Leila Jabbari;
Page : 83-96
Keywords : Governing Principles; International Sports Arbitration; Sports Lawsuits;
Abstract
In the event of disputes, the International Court of Arbitration for Sport has simply been able to implement its decisions, despite its disagreement with Iranian domestic law. The jurisdiction of the Court of Arbitration for Sport has been unusually accepted without the approval of the Islamic Consultative Assembly in Iran. Using an analytical and descriptive approach, this article explains the principles governing disputes in international sports arbitrations. The results of the study indicate that, in light of the Court's statutes and regulations, the Court follows certain principles in its litigation: the principle of confidentiality, the principle of low cost, the principle of availability, and The principle of speed and simplicity. The laws governing the dispute in the Court are not uniform laws and are chosen by four different methods. In the first method, the choice of the law governing the settlement of disputes in the court is up to the parties to the dispute (citing the laws of Switzerland); in the second method, the election is regarded as the law enforcer in the court (election of residence law of the sports entity issuing the disputed vote); the third method is applicable to the choice of the law; the fourth method is the determination of the law applicable to special courts (the courts that temporarily adjudicate on the site of a particular match).
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