• 한국중재학회지:중재연구
• /
• 제24권1호
• /
• pp.159-179
• /
• 2014

Currently disputes related to sports arise in various ways. Moreover, as the awareness of the rights of the people in the field of sports grows the chances of disputes occurring increases. Therefore, the number of sports disputes which will be dealt with by courts will increase. On the other hand, there are demands for fast and efficient legal resolutions for diverse sports disputes. However, as a dispute resolution system, the current domestic arbitration for sports disputes exposed several problems: the lack of professional arbitrators for sports disputes, procedural elements of delay, and the lack of promotion of the arbitration system. This study will first analyze the system for the resolution of domestic sports disputes. Then this study will review of the system for the resolution of international sports disputes and propose the establishment of an arbitration system for the resolution of domestic sports disputes.

• 한국중재학회지:중재연구
• /
• 제28권1호
• /
• pp.43-75
• /
• 2018

The Court of Arbitration for Sport (CAS) was created to focus on the procedural complexity in the resolution of sports-related disputes, confidentiality, the matter of expenses, and the necessity of prompt settlement in the field of international sports. The CAS had originally launched as one of bodies of International Olympic Committee (IOC), but later it became properly operational as an independent organization to facilitate sports-related disputes when the International Council of Arbitration for Sport (ICAS), which came into force in accordance with the Paris Agreement in 1984 and has acted in place of IOC, took responsibility for the administration and financing of the CAS. The CAS is composed of four divisions, the Ordinary Arbitration Division and the Appeals Arbitration Division, the Ad hoc Division created later in 1996 and the CAS Anti-Doping Division (CAS ADD) established as from 2016 only to conduct proceedings and to issue decisions on an alleged anti-doping rule violation, and two (Sydney and New York) permanent decentralized offices. The head office of the CAS is Lausanne, Switzerland. Since CAS ADD was established, CAS Ad hoc Division has had jurisdiction over the appeal case against a decision pronounced by the IOC, an NOC, an international Federation or an Organizing Committee for the Olympic Games. Although there are so many virtues of CAS as a resolution authority for sports-related disputes in terms of its organization, arbitration rules and procedures, it is also true that the CAS has not been showing the consistency. The CAS should overcome these issues through much more advanced system and its instant and fair decisions.

• 한국중재학회지:중재연구
• /
• 제21권1호
• /
• pp.109-129
• /
• 2011

In the approaching 21th century, the outstanding development in international sports has established arbitration as the preferred form of dispute resolution. Because the form of sports dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem. The Alternative Dispute Resolution(ADR) as the settlement of sports dispute is regarded as the one of effective dispute resolution method and merits notice. The Korean Sports Arbitration Committee has been established for dispute resolution between athletes and the clubs or alike. Now, We must review and complements the rules of the Korean Sports Arbitration Committee in order to be a representative system of domestic sports dispute arbitration that settle the sports dispute practically and efficiently.

• 한국중재학회지:중재연구
• /
• 제26권2호
• /
• pp.67-89
• /
• 2016

An ADR arbitration system has a necessary value in the sports industry for settlement of disputes. Sports disputes should be resolved independently by enacting internal regulations within the basic principles of national law rather than treated as a civil action. If the dispute is not fair and transparent, it may cause distrust. Because an arbitration system has values such as speed, flexibility of economic decisions, professionalism of arbitrator and confidentiality of arbitration-related information, the efficiency of the arbitration system for conflict resolution has emerged recently. We have to assign sports experts to reactivate sports arbitration commission committees which existed from 2006 to 2009 in Korea. Many countries, such as the UK, USA, Canada, New Zealand, Hungary, the Netherlands, Poland, Germany, and Japan, which attain advancement of sports and the International Court of Arbitration establish and run their own sports arbitration agencies. However, Korea disbanded its sports arbitration commission committee for political and economic reasons. In 2012, after their disbanding, athlete Kim Yeon-kyoung came into conflict with Heungkuk Life over terms of free agent acquisition and international transfer certification. Finally they were able to settle those political conflicts. However if there had been related laws in Korea, they could have resolved those problems easily without international disputes. Practically, it would have been almost impossible for Kim Yeon-kyoung to win the dispute. But her problem became an issue after the London Olympics, so she could win. Although it is well for her to take an active role on the international stage, it left much to be desired on account of the intervention of political circles in order to resolve the conflict. If the sports arbitration commission committee in Korea had still been active, it could have come to a peaceful settlement domestically. Therefore we have to reestablish a Korean sports arbitration committee centered around experts of sports law.