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- Title
INVESTIGATING CIVIL RESPONSIBILITY OF ARBITRATORS IN SPORTS CONTRACTS.
- Authors
Sadeghloo, Ahmad Yousefi
- Abstract
Arbitration to resolve disputes between legal and natural entities has a long historical precedence. Selecting an arbiter(s) in sports contracts between disputed parties and relative extensive powers of disputed parties notwithstanding international Court of Arbitration of Sport (CAS) or Tribunal Arbitral du Sport (TAS) in Lausanne, Switzerland, has prompted other countries to allocate facilities and perquisites to establish such arbitration centers within their borders due to them being important and a great source of revenue. Due to being able to determine governing rules of arbitration in nature and form, arbitration is much more favorable to judicial proceedings in that it is much more flexible. Ease and speed of arbitration relieves the parties such as delays in court proceedings and associated high costs and therefore provides further incentive to use them. Additionally in arbitration, aside from settlements, the issued verdicts are better received by the parties compared to judicial courts and contrary to judicial verdict in which one side is often the loser and other the winner, due to arbiter having more freedom and no enforced governing law, even the party with more solid documentations may waive parts of their rights and therefore provide more opportunity for voluntary settlement by the parties in dispute. Another advantage of arbitration is ease of enforcement of verdicts and very strong enforcement guarantee due to creditability of arbiter's verdict in judicial court according to relevant laws. Arbitration is resolving disputes between two claiming parties when the said parties agree to settle their dispute outside court by a natural or legal entity or mutually/previously agreed upon arbitrator1. Iran's law has no clear definition of arbitrator and as Civil Trial Law is one the most documented laws, in chapter seven articles nos. 454 to 501 code of Civil procedure of Iran there is no clear definition of arbitrator as other legal establishments (constructs) and instead of a comprehensive definition of arbitrations, Article 454 stipulates the conditions and specifications of the parties of dispute and there is no definition of arbitrator. This has led to various personal interpretations of this law. The word used in Persian for arbitrator is (Daavar) which means observer, witness, judge, expert in one's opinion and is synonymous with arbitration, mediation. In law and sports law, arbitration is a replacement of trial procedure with legal competence that according to law individuals attempt arbitration instead of judicial authorities when disputes arise.2 Arbitration is a legal establishment (construct) according to which if there is a dispute among individuals, they can mutually agree before or after such occurrence to implement arbitration to guarantee and enforce the results and regulations of a contract as a judicial court would have. In sports, arbitration is a method to settle a dispute. The parties have decided to present their dispute to a tribunal of arbitration consisting of one or several arbitrators, so they would employ their professional experience and expertise to decide about the issue. The verdict of the arbitrator or tribunal replaces that of a judge in a judicial court. This is a method of dispute settlement without government or criminal enforcement factors and is performed with voluntary presentation of both parties to a specialized non-public authority that replaces non-specialized legal and inflexible judicial proceedings. In economics, arbitration is a decision making process known as the best dispute settlement authority between the parties to avoid issuing conflicting verdicts. Therefore, in consideration of the aforesaid it can be concluded that arbitration is when parties, of their own accord, present their dispute to a person outside judiciary body so that they may decide by relying upon legal support provided by relevant laws and the judiciary system would be obliged to enforce such decision. Considering within the past decades in sports law most disputes have been settled through international arbitration and the numerous advantages of this method specially when the parties are of different nationality or entity (natural or legal), the parties are more inclined to this procedure and decisions made as arbitration verdict in some cases may have been unfair that incurred financial and intellectual damages to a party. Therefore, we'll try to determine a clear definition of arbitration and differentiate between amateur and nonspecialized arbitrator and expert and specialized ones, so that the degree of responsibility for an arbitrator can be assessed and notwithstanding arbitrator's undeniable responsibility when issuing a verdict knowingly in the interest of one party, whether the damages incurred by one party due to unfair/wrong verdict that is issued unknowingly can be reimbursed from the arbitrator or the establishment that introduced such arbitrator. And also whether this responsibility is same for all arbitrators or it shall be applied as the case may be and according to one's discretion?
- Subjects
PROFESSIONAL sports contracts; ARBITRATORS; ARBITRATION &; award; SPORTS law; NEGLIGENCE
- Publication
International Sports Law Review Pandektis, 2015, Vol 11, Issue 1/2, p83
- ISSN
1109-3943
- Publication type
Article