National and International Regulatory Acts in Sport: Sports Arbitration

Abstract

Sports arbitration is a central element of sports governance, enabling the rapid and efficient resolution of disputes between athletes, clubs, federations and sports organisations. It relies on a diverse regulatory framework, both national and international, to ensure fair and transparent justice. Regulations and conventions, such as the 1958 New York Convention, facilitate the enforcement of arbitral awards in different countries, thus consolidating the role of sports arbitration as the preferred mechanism for resolving disputes. One of the pillars of sports arbitration is the Court of Arbitration for Sport (CAS), based in Lausanne. This institution is tasked with ruling on sports-related disputes, covering a wide range of disputes, such as doping accusations, contractual disputes, or disputes between federations and athletes. In parallel, other bodies, such as the dispute resolution chambers of sports federations, intervene in more specific contexts. These bodies ensure effective and consistent regulation within world sport. However, sports arbitration faces several challenges. One of the main ones concerns the independence of arbitrators. Recurring criticism highlights the fact that some arbitrators are appointed by the sports federations themselves, which can raise questions about their impartiality. In addition, the high cost of arbitration procedures can be a barrier for athletes or clubs with limited financial resources. Access to fair sports justice then becomes a major issue, requiring reforms to improve its accessibility and guarantee equal treatment for all stakeholders in sport. Faced with these challenges, developments are possible. The integration of digital arbitration represents an opportunity to modernize and simplify procedures. By facilitating the management of files and accelerating the decision-making process, digital technology could make arbitration more accessible and more efficient. Furthermore, increasing the transparency of arbitration decisions would increase the confidence of stakeholders and further legitimize the awards rendered. At the end of this article it is clearly evident that referring to the literature review and data analysis, sports arbitration remains an indispensable mechanism for the proper functioning of world sport. Despite the challenges related to its cost, accessibility and impartiality, it continues to evolve to meet the growing needs for regulation and justice in the sports field. Continuous improvement of its mechanisms and adaptation to new technologies will be essential to strengthen its credibility and effectiveness in the future.

Received: 20 April 2025 / Accepted: 12 June 2025 / Published: 25 June 2025