Wu Wei, a few years the state has adopted a series of sports industry development of the New Deal, it is foreseeable sports industry will enter a period of rapid development, the need for appropriate dispute resolution mechanism to improve top-level design. Sports arbitration body not only to deal with disputes, but to promote the development of the whole industry, the lack of this part of the development of the industry will be limited. Zhang Xiaoshi Sports gradual opening of the market, a large number of disputes will naturally increase, the use of other methods to solve the department, encountered considerable difficulties, there is the special nature of the industry sports disputes, with its own special rules. I have seen a sports infringement cases, the decision as to what approach to road safety injuries, sports law applicable angle assumption of risk principles, the controversial sports conduct detrimental. Jiang Xi establish a foothold sports arbitration system is mainly based on the special nature of sport disputes, on the other hand sports disputes generally require a more rapid solution, because the athlete’s sports life, playing opportunities are at a premium, a case in court long period time cost athletes, the opportunity cost is too high.
In addition stimulants difficult to resolve the dispute by the court or general commercial arbitration institutions. Wu Wei, two Chinese Olympic Winter Games and the Asian Games to be held soon, the future will definitely have more international events in China, and will further promote more individual sports union set up branches in China to carry out more extensive cooperation with China.
Arbitration for Sport is a part of sport running, after more events, cooperation projects landing, will inevitably bring demand arbitration. Zhang Xiaoshi establish an arbitration mechanism similar to a CAS fully independent, is not the possibility of a short time.
But you can try to use other alternatives, such as under the General Administration of Sports, China Sports Federation or to set up an in-house agency, after gradually to expand its influence, so that we see there is no good mechanism to solve this in the future then consider the need for independence. Jiang Xi China no country has such a large body mass sports legislation, with the exception of missing Chinese, the biggest short board and biggest regret is that sports arbitration body or sports dispute settlement mechanism is not established. In the new era, and comprehensively promote the rule of law, sports law reached a new level of Arbitration for Sport should as soon as possible to fill up the short board.
Wu Wei three of Arbitration for Sport has three characteristics: professional, efficient and economical.
Professional reflected behind it follow strict procedural law, requires high professionalism of arbitrators, in addition to foreign language also have higher requirements, high efficiency is reflected in, CAS case processing time is generally 6-10 months or so, there is a small part of the extension and set up temporary arbitration during the contest, and the relative costs are relatively low.
Zhang Xiaoshi I value most advantage of Arbitration for Sport is its professionalism, including the selection of arbitrators, when defense lawyers in court choice, professional characteristics are reflected very clearly. But it also brings another problem, because the professional is too strong, resulting in the selection of arbitrators surface is too narrow, senior arbitrator more popular, more likely to be selected, the arbitrator get a lot of opportunities coming few. Kang Hee-speed sports arbitration to resolve disputes fast, flexible, saving time and greatly reduce the time and opportunity costs athlete.
However, due to the scope of the decision strictly limited, can not exceed the CD, the legality of some of the cases in the field of sports involve some rules, CAS arbitral tribunal generally choose not to cut. Four Wu Wei 2011, I, as a CAS arbitrator, responsible for liaison with CAS and the Shanghai Sports Bureau to coordinate the two contracts, the first outside the CAS hearing centers around the world in Shanghai. Shanghai hopes the hearing center can play a greater role in the future, to explore the international sports arbitration organic combination of domestic, to expand its influence in order to have more of the parties to choose it hold a hearing to resolve the dispute.
Zhang Xiaoshi CAS in the international sports community is a relatively mature, fair and independent arbitration structure, China, as a latecomer to the participants, should respect the rules of the game in this system.
Hope that through our joint efforts, more can CAS hearings into Shanghai, even in the future to establish a CAS branch in China, is bound to further enhance the related right to speak Chinese. Jiang Xi CAS can also run more independent and transparent, CAS positioning in the end is the "highest international sports court" or an ordinary arbitration institutions are required to self-assess.
In addition, the selection of CAS arbitrators should be more transparent, arbitrator source can be more diverse legal background, such as common law, civil law backgrounds must be considered. Click for more background of this issue is a dispute of Arbitration for Sport sports activities both parties, the dispute matter to voluntary agencies of Arbitration for Sport ruled that the parties automatically fulfill obligations sports dispute settlement ruling the way, it is based on arbitration laws and regulations Sports set up a system, it has a professional, efficient, and economic characteristics. my country’s sports arbitration legislation is still in perfect stage, has not built a professional sports arbitration body. International Court of Arbitration for Sport (CAS), is an international arbitration body specifically for the settlement of sports disputes headquarters are based in Lausanne, Switzerland, has a branch in New York and Sydney, arbitrator of the Arbitration Court is a high level of jurists, get high recognition in the international sports community.
Roundtable introduced in September 2019, the State Council issued the "Outline of the construction of sports power," an explicit proposal to promote the rule of law in the field of sports and professional style building.
How to further promote the rule of law, strengthen the Franco-Prussian propaganda to escort Chinese sports, sports community and the legal profession have joined forces, the depth of integration.
Recently, the People’s Institute of Sport and the Chinese University of Politics and sports law work together to create "reinforce the base of the rule of law as a sports power" series of round-table forum will invite representatives of the national committee, sports authority officials, legal experts and other sports, then sports the rule of law hot topics discussed.