Sports in court: the threat of civil litigation to sports arbitration and governance

The evolution of sports from its traditional role in society to a fully-fledged economic hub coincides with an increase in legal battles. This has posed significant challenges to the efficacy and integrity of sports justice, particularly the role of the Court of Arbitration for Sport (CAS). This paper examines the threat of litigation in sports and its implications for sports arbitration and governance. The paper attempts to evaluate the competing tension between litigation in civil courts and sports arbitration mechanisms and provides a detailed pattern of the most recent high-profile sports litigation. It concludes that, unless effectively resolved by adequate legal frameworks, litigating sports through the civil courts could undermine the authority and integrity of CAS, weaken the expedient adjudication of sports disputes and threaten the future of sports governance and justice. It suggests that a robust dispute resolution system involving CAS that balances the competing interests of athletes and organisations could usher in a uniform sports adjudication process that preserves the integrity of sports governance.