sport disputes Research Papers - Academia.edu (original) (raw)
Objective: In this article, the authors considered: conclusion of arbitration agreement by parties of a sport rela-tion as a basis for sport dispute resolution via applying to an international arbitration court; concept... more
Objective:
In this article, the authors considered: conclusion of arbitration agreement by parties of a sport rela-tion as a basis for sport dispute resolution via applying to an international arbitration court; concept of the “Сompetence–Сompetence” doctrine and its effects in legal practices of Canada, the United States, France and Switzerland.
Methods: This article developed based on the grounded theory to close the gap between theory and empirical research in modern sport problems. The article examines current issues of private international law, court practices, international legal acts in the field of sport, some of the judicial procedures of various countries and organizations, judicial practice of the Inter-national Sports Arbitration Courts; laws in the field of physical culture and sport, etc.
Results: Concluding arbitration agreement by parties of a sport relation is an important step before applying to international sport arbitration courts. The jurisdictional issues of a sport dispute decide according to the effects of Competence–Compe-tence doctrine.
Conclusions: Problem is not a part of modern sport. This issue creates sport disputes. Referring a dispute to international sport arbitration is a jurisdictional intervention mechanism of dispute resolution. In this case, parties of a sport dispute need to agree on an arbitration agreement, and consider the Competence–Competence doctrine as the most important principles which its effects define jurisdiction of dispute resolution.