Arbitration At The Olympics Issues Of Fast Track Dispute Resolution And Sports Law

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Arbitration at the Olympics:Issues of Fast-Track Dispute Resolution and Sports Law

Gabrielle Kaufmann-Kohler
Arbitration at the Olympics Issues of Fast Track Dispute Resolution and Sports Law Book PDF

Author : Gabrielle Kaufmann-Kohler
Publisher : Springer
Page : 0 pages
File Size : 41,9 Mb
Release : 2001-12-12
Category : Law
ISBN : 9041116966

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Arbitration at the Olympics:Issues of Fast-Track Dispute Resolution and Sports Law by Gabrielle Kaufmann-Kohler Pdf

What does an athlete do when she is not allowed to take the start of the Olympic finals because of a positive doping test or he is not allowed to compete at the Games for reasons of nationality? He or she brings the case before the ad hoc Division of the Court of Arbitration for Sport, an arbitral body first created on the occasion of the 1996 Games in Atlanta, which is present on site and resolves all disputes within 24 hours. Written by its former President, who teaches and practices international dispute resolution in Geneva, Switzerland, this book tells the story of the ad hoc Division from Atlanta to Sydney over Nagano. It gives an account of the cases resolved, discusses the Arbitration Rules, and explains the practical operation of the Division. It also reviews all the main arbitration law issues which the Division faces, including jurisdiction, arbitrability, due process, the choice and proof of the applicable substantive rules, the remedies against the award, as well as some sports law issues, such as field of play rules or strict liability for doping offenses. The wealth of information it contains makes this book an indispensable tool for all involved or interested in sports law and dispute resolution. Many of its developments go beyond the sports context and are of general interest to all arbitration practitioners.

Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41

Elliott Geisinger ,Elena Trabaldo – de Mestral
Sports Arbitration A Coach for Other Players ASA Special Series No 41 Book PDF

Author : Elliott Geisinger ,Elena Trabaldo – de Mestral
Publisher : Juris Publishing, Inc.
Page : 372 pages
File Size : 48,8 Mb
Release : 2015-02-01
Category : Arbitration and award
ISBN : 9781937518486

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Sports Arbitration: A Coach for Other Players - ASA Special Series No. 41 by Elliott Geisinger ,Elena Trabaldo – de Mestral Pdf

Sports Arbitration: A Coach for Other Players? is not about sports arbitration. The reader may thus ask: Well, what is it about? Arbitration can take inspiration from other human activities, for instance sports. Does it follow that arbitration in general can take inspiration from sports arbitration? Can sports arbitration serve as an example, be it for better or worse? And if so, what are the limits of this? These questions are highly topical in today's world of arbitration. Faced with the increased duration and costs of arbitral proceedings, and with the perception that litigators instead of business people have taken over the process, more and more users are calling for a return to fast, inexpensive forms of dispute resolution that are conducted by persons of the trade. This has resulted in a series of initiatives to introduce trade-specific forms of dispute resolution based on fast-track arbitration proceedings in a wide range of business sectors.

The Court of Arbitration for Sport and Its Jurisprudence

Johan Lindholm
The Court of Arbitration for Sport and Its Jurisprudence Book PDF

Author : Johan Lindholm
Publisher : Springer
Page : 348 pages
File Size : 48,6 Mb
Release : 2019-03-25
Category : Law
ISBN : 9789462652859

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The Court of Arbitration for Sport and Its Jurisprudence by Johan Lindholm Pdf

This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umeå University in Sweden.

Handbook on International Sports Law

James A. R. Nafziger,Stephen F. Ross
Handbook on International Sports Law Book PDF

Author : James A. R. Nafziger,Stephen F. Ross
Publisher : Edward Elgar Publishing
Page : 585 pages
File Size : 55,5 Mb
Release : 2011
Category : Law
ISBN : 9780857936301

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Handbook on International Sports Law by James A. R. Nafziger,Stephen F. Ross Pdf

Despite taking a wide variety of forms, sport is universal. Circumstances and events generating legal issues in sport are similarly universal, but sport operates under many legal systems worldwide. Fragmentation and inconsistency in legal outcomes often result. This innovative collection of essays by leading scholars of sports law addresses a gap in the literature. It advances understanding of how different legal systems respond to common issues and offers insights into the developing international system of sports law. Researchers will find this book of inescapable assistance and interest. Hayden Opie, Melbourne Law School, Australia Nafziger and Ross have provided an enormously useful collection of incisive and integrating essays that cover the gamut of important issues in the emerging field of international sport law. Andrew Zimbalist, Smith College, US This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law. The authors address significant legal issues on two gradually converging tracks: the mainstream institutional framework of the law, primarily the International Olympic Committee, international sports federations, regional and national sports authority, and the Court of Arbitration for Sport; and the commercial sports industry. Topics include the institutional structure; fundamental issues, legal principles and decisions within those institutions; mediation, arbitration and litigation of disputes; doping, gambling and the expanding use of technology in competition; athlete eligibility requirements; discrimination; and protection of athletes. The book also covers a broad range of commercial issues related to competition law and labor markets; media, image, and intellectual property rights; event sponsorships; and players' agents. Comparative analyses of young sports models and practices in North America, Europe and elsewhere supplement the general theme of international sports law. This major collection of essays on some of the most controversial, cutting-edge issues in international sports law, will be a captivating read for academics and students of sports law, sports management, international law and comparative law, as well as practicing lawyers and players agents. Senior executives and other professionals in the sports industry will also find much to interest them in this well-documented Handbook.

Sport, Mediation and Arbitration

Ian S. Blackshaw
Sport Mediation and Arbitration Book PDF

Author : Ian S. Blackshaw
Publisher : T.M.C. Asser Press
Page : 578 pages
File Size : 52,8 Mb
Release : 2011-07-20
Category : Law
ISBN : 9067046469

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Sport, Mediation and Arbitration by Ian S. Blackshaw Pdf

It is a pleasure to write this Foreword to the second, expanded edition of Ian Blackshaw’s well-respected book on the extra-judicial settlement of sports disputes through mediation and arbitration. Prof Blackshaw is a master of his subject who explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level. As I have written elsewhere, “[t]he unique investment of competitive egos, emotions, expec- tions, and money in international sports almost guarantees a dividend of highly charged disputes.... . [and] [t]he structure for resolving them is complex. ” Dispute resolution, is one of the most critical issues which overshadow the sports arena. As Prof Blackshaw rightly points out however, ADR is “not a panacea” for settling all kinds of sports disputes, and so the role of the courts must not be underestimated. This is true in both Europe and the United States of America, where I practice and teach international sports law. The expanded version of this book includes a more in-depth study of the functions and role of the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, and also a review of the contribution of CAS to an emerging so-called ‘Lex Sportiva’.

The Oxford Handbook of American Sports Law

Michael A. McCann
The Oxford Handbook of American Sports Law Book PDF

Author : Michael A. McCann
Publisher : Oxford University Press
Page : 649 pages
File Size : 40,7 Mb
Release : 2018
Category : Law
ISBN : 9780190465957

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The Oxford Handbook of American Sports Law by Michael A. McCann Pdf

The Oxford Handbook of American Sports Law takes the reader through the most important controversies and critical developments in law and U.S. sports. Over the course of 30 chapters, leading scholars explore this expanding and captivating area of law. The Handbook is the first book to gather dozens of perspectives on sports law controversies in the United States, and will be of interest to those who study and practice sports law, as well as journalists, broadcasters, and legally minded sports fans. The Oxford Handbook of American Sports Law incorporates analysis of key historical events in sports law-such as the rise of free agency in professional sports and the concept of amateurism for college athletes-and their broader context. Contemporary legal controversies in U.S. sports and their accompanying questions are also of central importance: In a sensible legal system, how would long-term neurological injuries from contact sports be addressed? How would the use of racially insensitive team names be resolved? How would a seemingly trivial dispute over air pressure in footballs be studied from the competing perspectives of players, teams, and leagues? The Oxford Handbook of American Sports Law weighs not just the facts, but how courts and lawmakers ought to consider the most important questions at stake. The essays in this volume also canvass the types of legal controversies in sports likely to surface in the future. This is particularly true of law and technology matters, including those related to broadcasting and streaming. Legal doctrine has been and will continue to be forced to adapt to these developments, and the Handbook both forecasts coming debates and outlines where the law may be headed.

Sport, Mediation and Arbitration

Ian S. Blackshaw
Sport Mediation and Arbitration Book PDF

Author : Ian S. Blackshaw
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 44,8 Mb
Release : 2009
Category : Law
ISBN : 9067046450

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Sport, Mediation and Arbitration by Ian S. Blackshaw Pdf

It is a pleasure to write this Foreword to the second, expanded edition of Ian Blackshaw’s well-respected book on the extra-judicial settlement of sports disputes through mediation and arbitration. Prof Blackshaw is a master of his subject who explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level. As I have written elsewhere, “[t]he unique investment of competitive egos, emotions, expec- tions, and money in international sports almost guarantees a dividend of highly charged disputes.... . [and] [t]he structure for resolving them is complex. ” Dispute resolution, is one of the most critical issues which overshadow the sports arena. As Prof Blackshaw rightly points out however, ADR is “not a panacea” for settling all kinds of sports disputes, and so the role of the courts must not be underestimated. This is true in both Europe and the United States of America, where I practice and teach international sports law. The expanded version of this book includes a more in-depth study of the functions and role of the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, and also a review of the contribution of CAS to an emerging so-called ‘Lex Sportiva’.

Online Dispute Resolution

Gabrielle Kaufmann-Kohler,Thomas Schultz
Online Dispute Resolution Book PDF

Author : Gabrielle Kaufmann-Kohler,Thomas Schultz
Publisher : Kluwer Law International B.V.
Page : 406 pages
File Size : 48,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123183

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Online Dispute Resolution by Gabrielle Kaufmann-Kohler,Thomas Schultz Pdf

In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration

Frédéric Bachand,Fabien Gélinas
The UNCITRAL Model Law after Twenty Five Years Global Perspectives on International Commercial Arbitration Book PDF

Author : Frédéric Bachand,Fabien Gélinas
Publisher : Juris Publishing, Inc.
Page : 380 pages
File Size : 48,8 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781937518240

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The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration by Frédéric Bachand,Fabien Gélinas Pdf

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.

Modern Sports Law

Jack Anderson
Modern Sports Law Book PDF

Author : Jack Anderson
Publisher : Bloomsbury Publishing
Page : 858 pages
File Size : 49,9 Mb
Release : 2010-10-26
Category : Law
ISBN : 9781847317377

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Modern Sports Law by Jack Anderson Pdf

The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur. Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally. While the book is aimed primarily at students, and is designed to cover fundamental and topical areas of sports law (sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law), it should also prove of wider interest to practitioners, sports administrators and governing bodies; and though focused primarily on UK law it will also appeal to readers in Australia, Canada, New Zealand and the USA.

Sports Law

Patrick K. Thornton
Sports Law Book PDF

Author : Patrick K. Thornton
Publisher : Jones & Bartlett Learning
Page : 837 pages
File Size : 52,5 Mb
Release : 2010-09-15
Category : Health & Fitness
ISBN : 9780763736507

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Sports Law by Patrick K. Thornton Pdf

The business of sports has become a multi-million dollar industry with legalities in sports leading the way. Sports Law looks at major court cases, statutes, and regulations that explore a variety of legal issues in the sports industry. The early chapters provide an overview of sports law in general terms and explore its impact on race, politics, r

International Arbitration: Law and Practice in Switzerland

Gabrielle Kaufmann-Kohler,Antonio Rigozzi
International Arbitration Law and Practice in Switzerland Book PDF

Author : Gabrielle Kaufmann-Kohler,Antonio Rigozzi
Publisher : Oxford University Press
Page : 672 pages
File Size : 53,5 Mb
Release : 2015-10-22
Category : Law
ISBN : 9780191669187

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International Arbitration: Law and Practice in Switzerland by Gabrielle Kaufmann-Kohler,Antonio Rigozzi Pdf

This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Information Technology and Arbitration

Thomas Schultz
Information Technology and Arbitration Book PDF

Author : Thomas Schultz
Publisher : Kluwer Law International B.V.
Page : 266 pages
File Size : 44,9 Mb
Release : 2006-01-01
Category : Computers
ISBN : 9789041125156

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Information Technology and Arbitration by Thomas Schultz Pdf

This is not another book about online dispute resolution (ODR). Rather, it is about how various information technology (IT) solutions may be put to good use in traditional arbitral proceedings. For arbitration professionals, be they arbitrators or counsel, this book brings the landscape of this changed practice into clear focus, dispersing mists of confusion and clarifying the choices they will inevitably be called upon to make.

Comparative Law of International Arbitration

Jean-François Poudret,Sébastien Besson
Comparative Law of International Arbitration Book PDF

Author : Jean-François Poudret,Sébastien Besson
Publisher : Sweet & Maxwell
Page : 992 pages
File Size : 46,5 Mb
Release : 2007
Category : Arbitration (International law)
ISBN : 9780421932104

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Comparative Law of International Arbitration by Jean-François Poudret,Sébastien Besson Pdf

Guides practitioners through the international arbitration process from beginning to end. This work covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction's rules they wish to be bound by

Consent in International Arbitration

Andrea M. Steingruber
Consent in International Arbitration Book PDF

Author : Andrea M. Steingruber
Publisher : OUP Oxford
Page : 727 pages
File Size : 55,9 Mb
Release : 2012-03-15
Category : Law
ISBN : 9780191638190

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Consent in International Arbitration by Andrea M. Steingruber Pdf

Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.