Dispute Resolution and Sports: Analyzing the Failed Mechanism Surviving on Bits
16 Pages Posted: 21 Jun 2024
Date Written: August 12, 2023
Abstract
The Alternative Dispute Resolution is one-of-a-kind method of settling the dispute away from the traditional dispute resolution form, providing the parties involved in the dispute an improved way of catering to their specific needs yet bringing the other to our own terms. It is one of the upcoming form of settlement of disputes as allows parties to treat setbacks as opportunities to discuss, improve and grow and no matter whether its mediation, negotiation or arbitration, these methods allow faster and efficient solutions to deal with issues. Hence, this field is subjected to grow further in the upcoming years.
Now, the Sports is considered to be a vital part of the culture globally and with commercial sports on rise, it is on track to become one of the largest industry world-wide. Sportsmanship is one thing considered to be a thing of past and nowadays all that matters is winning at all costs, which might even include corrupted practices into the sanctity of sports due to which the necessity for sports law and its implementation have gained pace.
Since, sports-related disputes are one a rise and to ensure speedy justice, arbitration might play a major role in providing the same. In 2011, India set up the Indian Court of Arbitration for Sports to officially govern all the disputes related to sports and to induce ADR mechanism into the purview of Sports related disputes. However still there are many pending cases before these special courts and there is still a prolonged delay in delivery of justice.
This paper aims to delve deeper into the issue pertaining to slow functioning of ADR mechanism in sports field and the lack of such special courts in determining the process. This paper would also aim to provide insights on the regulatory bodies dealing with such issues and their stance on this delayed system of justice along with highlighting the drawbacks this functionary faces.
Keywords: ADR, Sports Law, CAS, ICAS
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