Judicial Review of Olympic and International Sports Arbitration Awards: Trends and Observations

20 Pages Posted: 13 Apr 2009

See all articles by Matt Mitten

Matt Mitten

Marquette University - Law School

Date Written: April, 10 2009

Abstract

This article provides an overview of the nature and scope of judicial review of Olympic and international sports arbitration awards, primarily those rendered by the Court of Arbitration for Sport (based in Lausanne, Switzerland) and their review by the Swiss Federal Tribunal pursuant to the Swiss Federal Code on Private International Law. It also describes and compares U.S. courts' review of international sports arbitration awards pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards as well as domestic sports arbitration awards. Both Swiss and U.S. courts are permitting CAS arbitration awards to establish a developing body of private international sports law that displaces national laws. The author concludes that this is the appropriate jurisprudential view because it is necessary to have universally accepted legal rules and dispute resolution processes for Olympic and international athletic competition, and for the governance of global sports competition to be fair and equitable on a worldwide basis.

Keywords: olympic, international sport, Court for Arbitration for Sport, arbitration, sports, domestic sports, judicial review

JEL Classification: K19, K39

Suggested Citation

Mitten, Matthew J., Judicial Review of Olympic and International Sports Arbitration Awards: Trends and Observations (April, 10 2009). Pepperdine Dispute Resolution Law Journal, Vol. 9, 2009; Marquette Law School Legal Studies Paper No. 09-14. Available at SSRN: https://ssrn.com/abstract=1376317

Matthew J. Mitten (Contact Author)

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States

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