The Arbitration of International Sports Disputes: Athlete Due Process and the Limits of Private Justice

International sports arbitration offers expertise, procedural coordination and decisions that can operate across national borders. Its legitimacy becomes more difficult to defend when an athlete must accept arbitration to pursue a sporting career and has limited resources to challenge the governing body. This article examines the conditions under which private sports adjudication adequately protects athlete due process, with particular reference to Uganda. It uses doctrinal and comparative analysis of legislation, institutional rules, selected judicial decisions and published arbitral awards. The analysis distinguishes contractual consent, institutional independence, practical participation, proportionality and effective judicial supervision. The cases reveal that recognition of the Court of Arbitration for Sport as an arbitral institution does not resolve every challenge to its procedures or awards. Public-hearing requirements, arbitrator impartiality and the intensity of judicial review remain independently significant. The Grand Chamber judgment in Semenya and the Court of Justice judgment in Seraing demonstrate, through different legal routes, the limits of treating compulsory sports arbitration as equivalent to freely negotiated commercial arbitration. For Uganda, the principal concern is the relationship between mandatory arbitration and finality under the National Sports Act, Cap 151, constitutional fair-hearing guarantees and the Arbitration and Conciliation Act, Cap 5. The article recommends clearer preservation of supervisory remedies, transparent appointments, accessible legal assistance, reasoned interim decisions and publication practices that protect sensitive information. It concludes that specialised arbitration can remain central to international sport when its authority is supported by meaningful procedural safeguards and appropriate public-law oversight.

Authors

Institutions

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-30
DOI
https://doi.org/10.5281/zenodo.23794736
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Arbitration of International Sports Disputes: Athlete Due Process and the Limits of Private Justice

EMIRIAT JAMES
Zenodo (CERN European Organization for Nuclear Research)
International Arbitration and Investment Law
article

The Arbitration of International Sports Disputes: Athlete Due Process and the Limits of Private Justice

EMIRIAT JAMES
article en

Abstract

International sports arbitration offers expertise, procedural coordination and decisions that can operate across national borders. Its legitimacy becomes more difficult to defend when an athlete must accept arbitration to pursue a sporting career and has limited resources to challenge the governing body. This article examines the conditions under which private sports adjudication adequately protects athlete due process, with particular reference to Uganda. It uses doctrinal and comparative analysis of legislation, institutional rules, selected judicial decisions and published arbitral awards. The analysis distinguishes contractual consent, institutional independence, practical participation, proportionality and effective judicial supervision. The cases reveal that recognition of the Court of Arbitration for Sport as an arbitral institution does not resolve every challenge to its procedures or awards. Public-hearing requirements, arbitrator impartiality and the intensity of judicial review remain independently significant. The Grand Chamber judgment in Semenya and the Court of Justice judgment in Seraing demonstrate, through different legal routes, the limits of treating compulsory sports arbitration as equivalent to freely negotiated commercial arbitration. For Uganda, the principal concern is the relationship between mandatory arbitration and finality under the National Sports Act, Cap 151, constitutional fair-hearing guarantees and the Arbitration and Conciliation Act, Cap 5. The article recommends clearer preservation of supervisory remedies, transparent appointments, accessible legal assistance, reasoned interim decisions and publication practices that protect sensitive information. It concludes that specialised arbitration can remain central to international sport when its authority is supported by meaningful procedural safeguards and appropriate public-law oversight.

Zenodo (CERN European Organization for Nuclear Research)
Kampala International University (UG)
Peace, justice, and strong institutions
Openalex Percentile: Top 9%
International Arbitration and Investment Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon
The Arbitration of International Sports Disputes: Athlete Due Process and the Limits of Private Justice — EMIRIAT JAMES · Zenodo (CERN European Organization for Nuclear Research) (2026) | TGRS Research Map | TGRS