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Expert-defined terms from the Advanced Certificate in International Sports Arbitration course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
**ADR (Alternative Dispute Resolution)** #
ADR refers to methods of resolving disputes outside of traditional court litigation, such as arbitration and mediation. In the context of sports disputes, ADR is often used to resolve disputes related to doping, eligibility, and contractual issues.
**Arbitration** #
Arbitration is a form of ADR in which a neutral third party, known as an arbitrator, hears evidence and arguments from both sides of a dispute and makes a binding decision. In sports arbitration, the arbitrator is typically an expert in sports law and has experience in resolving sports-related disputes.
**CAS (Court of Arbitration for Sport)** #
The CAS is an independent institution based in Lausanne, Switzerland, that provides ADR services for sports-related disputes. The CAS has jurisdiction over a wide range of disputes, including those related to the Olympic Charter, anti-doping regulations, and disputes between athletes, teams, and sports organizations.
**Challenge of Jurisdiction** #
A challenge of jurisdiction is a legal argument made by one party in a dispute that the CAS or other arbitral tribunal does not have the authority to hear the case. Challenges of jurisdiction are often based on issues such as the proper interpretation of the CAS statutes or the jurisdictional provisions of a sports governing body's rules.
**Costs** #
Costs refer to the expenses associated with bringing a dispute to the CAS or other arbitral tribunal, including the fees of the arbitrators, lawyers, and experts, as well as any expenses related to travel, accommodation, and other incidental expenses. In most cases, the losing party is required to pay the costs of the winning party.
**Doping** #
Doping refers to the use of prohibited substances or methods to enhance athletic performance. The World Anti-Doping Agency (WADA) is responsible for developing and enforcing the global anti-doping regulations, which are enforced by the CAS and other arbitral tribunals.
**Eligibility** #
Eligibility refers to the ability of an athlete to participate in a particular sport or competition. Eligibility issues can arise from a variety of factors, including age, gender, citizenship, and compliance with anti-doping regulations.
**Exequatur** #
An exequatur is a legal process by which a foreign judgment is recognized and enforced in another country. In the context of sports disputes, an exequatur may be necessary to enforce a CAS award in a foreign jurisdiction.
**ICAS (International Council of Arbitration for Sport)** #
The ICAS is a foundation established to oversee the administration of the CAS. The ICAS is responsible for appointing the members of the CAS Court, the Appeals Arbitration Division, and the Ordinary Arbitration Division, as well as ensuring the proper functioning of the CAS.
**IBA (International Bar Association)** #
The IBA is a professional association for lawyers and legal professionals. The IBA has developed a set of guidelines for arbitrators, known as the IBA Rules on the Taking of Evidence in International Arbitration, which are often used in sports arbitration proceedings.
**ICC (International Chamber of Commerce)** #
The ICC is a global business organization that provides a range of services, including ADR services. The ICC's International Court of Arbitration is one of the leading arbitral institutions in the world, and is sometimes used to resolve sports-related disputes.
**IHRL (International Human Rights Law)** #
IHRL refers to the body of international law that protects the human rights of individuals, including the right to a fair trial. IHRL is relevant to sports arbitration because the CAS and other arbitral tribunals must ensure that their procedures are consistent with IHRL.
**Jurisdiction** #
Jurisdiction refers to the authority of a court or arbitral tribunal to hear a particular case. Jurisdictional issues can arise in sports arbitration when there is a dispute over which arbitral tribunal has the authority to hear a particular case.
**Mediation** #
Mediation is a form of ADR in which a neutral third party, known as a mediator, helps the parties in a dispute to reach a mutually acceptable resolution. Unlike arbitration, mediation is non-binding, and the mediator does not have the authority to impose a decision on the parties.
**NYC (New York Convention)** #
The NYC is a multilateral treaty that provides for the recognition and enforcement of foreign arbitral awards. The NYC is relevant to sports arbitration because it facilitates the enforcement of CAS awards in foreign jurisdictions.
**Ordinary Arbitration** #
Ordinary arbitration is a form of arbitration provided by the CAS for disputes that do not involve the interpretation or application of the rules of an international sports federation or the Olympic Charter.
**Parties** #
The parties are the individuals or entities that are involved in a dispute. In sports arbitration, the parties can be athletes, teams, sports organizations, or other stakeholders.
**Procedural Order** #
A procedural order is a decision made by an arbitral tribunal that sets out the procedures that will be followed in a particular case. Procedural orders can address issues such as the timeline for the proceedings, the exchange of evidence, and the scheduling of hearings.
**Remedies** #
Remedies refer to the legal or equitable relief that is available to a party in a dispute. In sports arbitration, remedies can include monetary damages, specific performance, and injunctions.
**Right to be Heard** #
The right to be heard is a fundamental principle of natural justice that requires an arbitral tribunal to provide a fair and impartial hearing to all parties. The right to be heard includes the right to present evidence, cross-examine witnesses, and make arguments.
**Rules of Sport** #
The rules of sport refer to the regulations and guidelines that govern a particular sport or competition. The rules of sport are often developed and enforced by international sports federations, and are relevant to sports arbitration when a dispute involves the interpretation or application of the rules.
**Scope of Review** #
The scope of review refers to the standard of review that will be applied by an appellate arbitral tribunal when reviewing a decision made by a lower arbitral tribunal. The scope of review can vary depending on the jurisdiction and the nature of the dispute.
**Statutes of Limitation** #
Statutes of limitation are legal time limits that restrict the ability of a party to bring a claim after a certain period of time has passed. Statutes of limitation are relevant to sports arbitration because they can affect the timing of a dispute resolution process.
**Stay of Execution** #
A stay of execution is a legal procedure that suspends the enforcement of a judgment or award pending the outcome of an appeal. Stays of execution are relevant to sports arbitration when a party seeks to delay the implementation of a CAS award while an appeal is pending.
**Team** #
A team is a group of athletes or other individuals who compete together in a particular sport or competition. Teams can be involved in sports arbitration disputes related to issues such as eligibility, doping, and contractual issues.
**WADA (World Anti #
Doping Agency)**: WADA is a global organization responsible for developing and enforcing anti-doping regulations in sports. WADA's rules and regulations are enforced by the CAS and other arbitral tribunals.
**Witnesses** #
Witnesses are individuals who provide evidence or testimony in a dispute resolution process. Witnesses can be called by either party, and can include athletes, coaches, trainers, and other experts.
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