16 Jun Richard W Pound – Sports Arbitration: How it Works and Why it Works
This article is a brief consideration of the matter of arbitration in sport – what it means, how it came about, how and why it works, and why it is particularly important as an aspect of sport governance. It is intended to provide the reader with a particular perspective of sport, namely a perspective that will appeal to jurists and their need to define and understand the contextual background to dispute resolution in sport.
The crucial importance of rules, their acceptance by the participants and the uncertainty of outcome in sport is highlighted to introduce the topic. The author then proceeds to a brief description of possible domestic recourses in sport-related disputes, as contrasted with the international sport system imperatives. Through illustrations coming from concrete cases, the author discusses the constitution and the role of organisations such as the International Olympic Committee (IOC), the Court of Arbitration for Sport (CAS), the International Council of Arbitration for Sport (ICAS), and the World Anti-Doping Agency (WADA).