Arbitraža i medijacija u sportu
Arbitration and Mediation in Sport

Summary/Abstract: Professional sport is not an activity for enthusiasts. That is a highly valuable branch of economy that has global significance. However, as opposed to “regular” business activities, sport has its own rules. General public is unfamiliar with the fact that sport is a regulated activity, just not by governmental bodies. Probably every state has its own law on sports that establishes legal framework for the activities, but disputes concerning sport can rarely be found before state courts. They are made public only when they concern a famous athlete. The aim of this article is to present sports arbitration, recent changes of its rules, its courts, annulment of arbitral decisions, and mediation as well. The article aims to give insight into the sports arbitration, through decisions of CAS and Swiss Supreme court. CAS has through its 32-year-existence grown into the “Supreme court of sports”. Despite the fact that recent Pechstein case was announced as the end of CAS, the court still operates and has a reputation of a place that is qualified to arbitrate in disputes concerning sport. The focal point of the article is the action for annulment of the arbitral decision that is in the jurisdiction of Swiss Supreme court. We point as one of the problems the autonomy of the parties, i.e. the lack of it at the time of signing the contract by athletes and their organization on which the jurisdiction of the CAS is established, and consequentially the jurisdiction of Swiss Supreme court. Therefore the mediation is seen as better solution – faster, simpler and cheaper.

• Details
• Contents