“Arbitration in Sports: A Comparative Study”

TANRAJ SINGH

B.Com., LL.B. (Hons.) With Specialization in Taxation Laws

ROLL NO.: R129214058

2014-2019

DISSERTATION SYNOPSIS SUBMITTED IN THE PARTIAL FULFILLMENT

OF THE DEGREE OF B.COM LLB. (HONS.) WITH SPECIALIZATION IN TAXATION LAWS

Submitted Under the Guidance of: MR. GAUTAM GUPTA

University of Petroleum and Energy Studies

School of Law

Dehradun

2018
 A. Introduction
Sports have always been a medium of connection for countries at national and international levels.
The Sports Industry as a whole has globalized and commercialized in each aspect, starting from
broadcasting rights of a sporting event to sponsorship contract of athletes. Sports has gained
massive popularity all over all the world and it has become a way of life. Sports serves a vital
social and cultural function in the society and helps in all round development of human personality.
It provides ample scope and healthy means for recreation and relaxation of human mind and
society. A healthy body is always recognized as important as a healthy mind.
The Court of Arbitration for Sport (CAS) is an international arbitral tribunal that settles
international sports-related disputes such as breaches of employment contracts; eligibility,
suspension, qualification and transfer of players; sponsorship and television rights disputes;
disciplinary action and athlete doping, etc. These types of disputes will all be submitted to CAS if
the contract between the parties contains an arbitration clause in favour of CAS, or if the statutes,
rules or regulations of a sports-related body designate CAS as the appeal body of their decisions.
The IOC overseas all aspects of the Games; which includes deciding which country will host the
games. The National Olympic Committees are responsible for the promotion of sport in their
respective countries. International Federations are responsible for managing its rules and
regulations of individual sports.
In and around 975 B.C. the love for chariot-racing and wrestling was common in both in India and
Greece, where Olympic was first introduced. In Vedic India, dehvada or the body-way is defined
as “one of the ways to full realization”. In times of Rig-Veda, Ramayana and Mahabharata, the
men of stature and circumstance got competent with each other in chariot-racing, archery,
horsemanship, military tactics, wrestling, weight-lifting, swimming and hunting.
From the time Indian vedic history is recorded, the relationship between the Guru (teacher) and
his student (hisyo) has been considered as an integral part in history of Indian sports.
Sports in India reached new heights when Buddhism came into practice. Tiruvedacharya in Villas
Mani describes many fascinating games. They are archery, equitation, hammer-throwing and
chariot-racing.
India being one of the fastest growing economies, has commercialized in sports at an expeditious
rate and the formation of Indian Olympic Committee was a consensus approach to match up such
globalization in sports.
 B. Statement of Problem
The formation of such committees, have given rise to various conflicts within the industry; such
as of commercial nature (e.g. sponsorship contract) or of disciplinary nature (e.g. doping case).
Therefore, a mechanism for such dispute resolution was sought.
Such dispute mechanism not only required an expertise in the field of sports but also a speedy
justice was an essence for such dispute resolution as the professional athletes have limited career
spans. The same has been brought up by the IOC in the early 1980s as CAS (Court of Arbitration
for Sports). The advancement of CAS is a communicated methodology towards the improvement
of question goals particularly for games related debate.
Coming onto the Indian scenario, ADR mechanism can be traced from the enactment of the
Arbitration and Conciliation Act, 1996. The fact that India has ratified the New York Convention,
therefore any award passed by the CAS falls within the purview of foreign awards. Be that as it
may, in contrast to the created countries, the non-attendance of Sports Law in the nation has
frequently misused the privileges of Indian competitors and without such ADR system in the
National Olympic Committee has left the competitors with no decision yet to approach the courts
which was observed in the Sushil Kumar case. Thus, considerable issues have been raised with
respect to ADR mechanism and sports law in the country with relation to other developed nations,
and with the judgment of Balco case the enforcement of such foreign awards have also added up
to such issue.

C. Literature Review
A lot of literature has been referred during the research for synopsis. Few of them are as follows:

1. Law and Sports in India: Developments, Issues and Challenges by Mukul Mudgal and
Vidushpat Singhania. (LexisNexis: 2016)

The authors in this book have taken up issues related to Sports Law and its ADR mechanism in
India with leading sports law cases in India. The authors have also given an overview of the sports
industry in the Indian economy.

2. Sports Law by Michael Beloff, Tim Kerr, Marie Demetriou and Rupert Beloff (Hart
Publishing: Oxford and Portland, Oregon, 2012)
The authors have given an insight to the future of ADR mechanism in the sports industry and
resolution of sports disputes in the International forum.

3. Sports Arbitration in India: A wake up call by Rajiv Dutta, Available at:

http://www.legallyindia.com/views/entry/sports-arbitration-in-india-a-wake-up-call)
accessed on 17th October, 2017

The author has identified the need for proper sports dispute mechanism in the sporting
fraternity. The author has also cited leading case laws for such need of sports arbitration and
sports law in India.

4. Emergence of Sports Law in India by Gaurang Kanth Available at

http://www.indialawjournal.org/archives/volume3/issue_2/article_by_Gaurang.html
accessed on 25th October, 2017
The author has given an insight to the sports law legislation in India and has enumerated the
advantages of referring a case to CAS

5. History of CAS (Official website)

Available at http://www.tas-cas.org/en/general-information/history-of-the-cas.html

6. Challenging Awards of the Court of Arbitration for Sport by Antonio Rigozzi

Journal of International Dispute Settlement, Volume 1, Issue 1, 1 February 2010, Pages
217–265, https://doi.org/10.1093/jnlids/idp010

The present article addresses the most important questions that arise in the context of
setting aside proceedings before the Swiss Supreme Court against awards rendered under
the aegis of the Court of Arbitration for Sport (CAS). The answers proposed here to these
questions are primarily based on the analysis of all the decisions rendered by the Swiss
Supreme Court in CAS matters, from the Gundel case to the present day.
 D. Identification of Issue
Following are the issues can be derived from the statement of problem: -
1. Whether a sports legislation would put a positive effect on the governing of Sports industry
in India and its mechanism related to ADR (Disputes under Court of Arbitration for
Sports)?
2. Whether there is a need for ADR mechanism in Sports related disputes?
3. Whether such ADR mechanism for sports in India would be as effective as other developed
nations like Canada, France etc.?
4. Whether the awards given by CAS have any binding effect as foreign awards (Comparison
regarding those awards)?
5. Whether such ADR Mechanism in relation to the doping charges is relevant?
6. Whether Mediation is well suited for disputes in sports or not?

E. Scope of research
To study the phenomenon of sports law and the ADR Mechanism in the sports industry and how
the ADR mechanism has become a need in the industry (Regarding court of Arbitration for sports).
To further examine the Sports disputes at national jurisdiction. India and Japan, for example,
accordingly set a forum which is compared to IOC and NOC.
Mainly the research will be regarding comparison of foreign regimes and where CAS comes into
the picture. The dispute resolution will be in regard of the foreign awards.

F. Research objective
- To make a comparative analysis of ADR mechanism in the sporting industry and why ADR
is becoming a need.
- Development of CAS and where the international disputes come into play.
- To analyze the application of foreign awards by CAS in India. Comparing foreign awards
regarding certain domestic regimes.
- To analyze the different form of dispute resolution adopted in the sporting industry,
internationally and in domestic arbitration.
- To compare the ADR mechanism with Principle of natural justice (Whether the decisions
are regarding doping charges are dealt with atmost care or not)
 G. Research Methodology
The research methodology adopted would be doctrinal and secondary sources and the
methodology adopted for this project is of sports literary survey. This dissertation makes use of
publicly available information on various websites, online newspapers, journals, commentaries,
case laws as well as reports by organization. In this dissertation the author will rely upon cases,
articles by famous authors, concurring judgments, law reviews etc. on Sports law and arbitration
to substantiate hypothesis and probable outcome. If this dissertation can help avoid that the first
hypothesis remains true in the future, it will already have achieved its main goal. If, at the same
time, the quality of the awards rendered by CAS could remain such as to make that same hypothesis
moot, all the better.

H. Hypothesis
The exclusion of Arbitration clause has often frustrated the rights of the athletes as the careers of
such athletes are short lived. There has to be a proper ADR mechanism in consonance with CAS
for such dispute resolution in India.
The absence of sports law has not only affected the rights of the athletes but also has its effect on
the ADR mechanism related to sports disputes.
In dealing with an application for revision of a CAS award, the Supreme Court will have to
determine whether the new facts are relevant and/or the new evidence conclusive according to a
hypothetical analysis based on the findings of the arbitrators.

I. Tentative Chapterisation
1. Introduction
1.1 Sports Industry
1.2 Sports Law in India
1.3 History of International Sports Governing bodies
1.4 History of India Sports
1.4.1 Formation of International Olympic Committee
1.5 Sports Dispute Resolution and CAS
1.5.1 History of CAS
1.5.2 Functions of CAS
 1.6 Jurisprudence of Court of Arbitration
1.6.1 Leading case laws in development of dispute resolution and sports law and the
types of sporting disputes

2. International Dispute Resolution bodies in Sports

2.1 FIFA dispute resolution Chamber
2.2 Basketball Arbitration Tribunal

3. Arbitration in India regarding Sports

3.1 Types of ADR mechanism in Sports
3.2 Applicability of Arbitration and Conciliation Act, 1996 on Sports disputes
3.3 Foreign award
3.4 Need for sports arbitration

4. Sports Arbitration in Developed countries

4.1 Japan
4.2 U.K.
4.3 New Zealand
4.4 Canada

5. Conclusion
5.1 Need for Sports Law
5.2 Sports Arbitration in Harmony with CAS
5.3 Future of Sports Arbitration