ONLINE ARBITRATION IN SPORTS DISPUTE RESOLUTION: POTENTIALS AND CHALLENGES
Paper ID : 1021-SPORTCONGRESS
Authors
Mehdi Amini *1, Fatemeh Naderian2
1،Assistant professor, Department of Law,
2Department of Sports Management, Faculty of Sports Sciences , University Shahid Chamran University of Ahvaz
Abstract
Abstract
Introduction: Legal disputes in modern sports, such as disputes between sports clubs, professional players, sponsors, broadcasting organizations, and the like, are often of an international nature and require prompt adjudication. Based on these characteristics, online arbitration can be an appropriate method for managing and resolving these disputes.
Methods: This research was qualitative and its research method was descriptive and analytical.
Results: Online arbitration is a flexible method of dispute resolution that can bring many advantages when used in sports dispute resolution. Saving time and money, flexibility and ease of holding hearings and issuing verdicts, ease of access to arbitrators, litigants, witnesses, informants, and experts, and the possibility of using it in critical situations (such as pandemics and quarantines) are some of the advantages of this method. On the other hand, concerns related to the integrity and security of the arbitration process (such as issues related to personal identification, document authentication, data security, etc.), weak technical infrastructure in some countries, the lack of international documents and specific national laws regarding online arbitration, The existence of mandatory regulations and specialized dispute resolution bodies established by national and international federations, particularly in matters such as the transfer of professional players. and conflicting national laws governing arbitration are among the challenges ahead.
Conclusion: Despite various legal and technical challenges, there is an opportunity to develop the application of online arbitration in the management and resolution of sports disputes - especially in the international arena - and to exploit its benefits. Using combined methods (face-to-face and online), using international and domestic dispute resolution centers, especially international sports organizations, establishing specialized centers, and bringing countries together to enact domestic laws and develop international documents in this regard can help expand the application of this method in the field of sports.
Keywords
Online arbitration, sports disputes, sports contracts, governing law.
Status: Abstract Accepted (Oral Presentation)