Sprinters

Sport Resolutions

Arbitration

Arbitration has become an increasingly popular vehicle for the resolution of sports disputes in recent years. Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

Arbitration can only take place if both parties have consented to do so (through an Arbitration agreement) or in the case of future disputes arising under a sporting contract or set of rules, an arbitration clause is inserted in the relevant contract or rules which requires the parties to arbitrate via Sport Resolutions. Sport Resolutions offers very flexible and straight forward Arbitration Rules and has experience of arbitrating a vast range of sporting disputes. These include:

  • Appeals against lengthy bans arising from serious conduct related disputes such as match fixing, doping and other forms of cheating.
  • Disputes arising from alleged monies owed under commercial agreements.
  • Disputes arising from point deductions and their subsequent impact on promotion and relegation issues.


The main advantages of Arbitration are:

Composition of the Tribunal – Under the Sport Resolutions Arbitration Rules, the parties can select a sole arbitrator together. If they choose to have a three-member arbitral tribunal, each party appoints one of the arbitrators; those two persons then agree on the presiding arbitrator. Alternatively, Sport Resolutions can suggest potential arbitrators with relevant expertise or directly appoint members of the arbitral tribunal. Sport Resolutions maintains an extensive list of arbitrators with sports and commercial arbitration experience.

Privacy – Arbitration hearings are held in private and decisions are not normally published unless both parties agree to do so. This is crucial in sport where disputes are often best resolved away from the glare of the media spotlight.

Flexibility – The Sport Resolutions Arbitration procedure can be tailored and expedited which is critical where a decision is needed to meet a pressing deadline such as the start of a sporting season or major championships.

Finality – Appeals in arbitration are generally very limited compared to the multiple levels of appeal in the courts. The Sport Resolutions Arbitration Rules provide for a final and binding agreement.

Cost – Although it is necessary to pay for the arbitrator's time and the costs of Sport Resolutions hiring the venue and managing the case, this is more than made up for by the fact that legal costs are lower because arbitration is much quicker and more focused than court proceedings.