Role and place of sports arbitration in the system of alternative dispute resolution methods

The relevance of this study is caused by the fact that the institution of sports arbitration occupies a key position in ensuring effective and fair resolution of disputes between participants in sport. The purpose of this study was to review the history of the establishment and development, as well as the significance of the Court of Arbitration for Sport and its practice, with a forecast of the development of analogous institutions in Kyrgyzstan. The study employed the hermeneutic, institutional, formal-legal methods, method of analysis. The study covered the specific features of the legal development of the Court of Arbitration for Sport (CAS) and the current problems of its functioning. The generalised conclusion is that a specialised arbitration institutions need to be developed for effective dispute resolution in the field of sport in Kyrgyzstan. The procedural aspects of dispute resolution were investigated on the example of CAS. Although CAS is often considered as an international court, it is not part of an international justice system that is formed with the participation of states or based on international law. The study analysed the existing points of view and opinions expressed by scientists on this issue. The analysis of different approaches helped to comprehend the complexity of this issue and consider possible ways to improve the procedures for consideration of sports disputes by specialised arbitration tribunal in Kyrgyzstan. The findings of this study may be of interest for the development of effective legislation aimed at regulating the activities of specialised arbitration courts in the field of sport in Kyrgyzstan

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Publication Details

Journal
Social & Legal Studios
Published
2024-11-20
DOI
https://doi.org/10.32518/sals4.2024.103
Primary Topic
Dispute Resolution and Class Actions
Type
article
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article

Role and place of sports arbitration in the system of alternative dispute resolution methods

Aliya Kalybaeva, Chynara Turatbekova, Galina Shin
Social & Legal Studios
Dispute Resolution and Class Actions
article

Role and place of sports arbitration in the system of alternative dispute resolution methods

Aliya Kalybaeva, Chynara Turatbekova, Galina Shin
article en

Abstract

The relevance of this study is caused by the fact that the institution of sports arbitration occupies a key position in ensuring effective and fair resolution of disputes between participants in sport. The purpose of this study was to review the history of the establishment and development, as well as the significance of the Court of Arbitration for Sport and its practice, with a forecast of the development of analogous institutions in Kyrgyzstan. The study employed the hermeneutic, institutional, formal-legal methods, method of analysis. The study covered the specific features of the legal development of the Court of Arbitration for Sport (CAS) and the current problems of its functioning. The generalised conclusion is that a specialised arbitration institutions need to be developed for effective dispute resolution in the field of sport in Kyrgyzstan. The procedural aspects of dispute resolution were investigated on the example of CAS. Although CAS is often considered as an international court, it is not part of an international justice system that is formed with the participation of states or based on international law. The study analysed the existing points of view and opinions expressed by scientists on this issue. The analysis of different approaches helped to comprehend the complexity of this issue and consider possible ways to improve the procedures for consideration of sports disputes by specialised arbitration tribunal in Kyrgyzstan. The findings of this study may be of interest for the development of effective legislation aimed at regulating the activities of specialised arbitration courts in the field of sport in Kyrgyzstan

Social & Legal StudiosVol. 7(4)
Openalex Percentile: Top 55%
Dispute Resolution and Class Actions
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