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Competition Rules in Sporting Exemptions
Free Movement of Firearms for Sport
Requirements for Sports Coaches
Disability Discrimination Sports
Ambush Marketing and Event Sponsorship
Ambush Marketing and the Olympics
Endorsement Contracts in Sport
Sponsorship Agreements in Sport
Promotional Material Sport Grounds
Exclusive Hospitality at Sports Events
Hosting International Sporting Events
|Sport Tickets Terms and Conditions
Sporting Events and Employment Issues
Ticket Touting at Sports Events
Resolving UK Sporting Disputes
Criminal Offences in Sporting Contest
Sports Injury Compensation Claims
Money Laundering in Sport Financial Task Force
Collective Bargaining Agreements in Sport
Government Involvement in Sport
Court of Arbitration for Sport
Code of Ethics Fair Play and Protection of Children
UK Great Britain Football Team
Olympic Games Government Involvement
International Olympic Committee IOC
Olympic Games Effect on Sport Events
Athletes Doping and Criminal Law
Athlete Liability Doping WADA Code
Often the dispute will relate to certain sanctions that have been handed down in most cases to punish an individual or their clubs for certain conduct or will relate to payment issues between a club and an individual or an individual and the national governing body.
When disputes arise in particular sports it is often necessary that a settlement be reached through independent arbitration. This means that a final decision will be made in the case by a body which is independent from the sport which is binding on both parties.
The Court of Arbitration for Sport makes these decisions in relation to international sport but there is also an independent body which can make decisions in relation to issues which simply concern sport within the United Kingdom.
This body is called the Sports Dispute Resolution Panel.
The Sports Dispute Resolution Panel is an independent dispute resolution service available for sport in the United Kingdom. The Sports Dispute Resolution Panel is also referred to as Sport Resolutions.
Sports Resolutions offers the following services:
Arbitration
Mediation
Tribunal appointment
Administration services
Sport Resolutions is also the independent provider of the National Anti-Doping Panel (NADP) and Tribunal Service for sport in the United Kingdom.
Sports Resolutions continually develops and plans dispute resolution services in order for UK sport to continually attain high levels of conduct and fair play on and off the sports field.
Most of the enquiries and referrals made to Sport Resolutions are concerned with the high performance professional and Olympic and Paralympic sports in the UK.
Access to Sports Resolutions is not simply reserved for professional sport in the UK with at least one quarter of the referrals before them coming from Community Sport in the UK. Often issues faced by and dealt with in the sphere of Community Sport do not require independent arbitration and are often settled before it needs to get to that stage.
Sport Resolutions has an expert panel of mediators and arbitrators who are all leaders in the field of sports and who have a unique understanding of the UK sporting system and the variety of issues that it continues to face.
In order for Sport Resolution to resolve a dispute, provide an opinion and get involved in any way into a particular case a referral must be made directly. For Sport Resolutions to accept a referral it must have legal jurisdiction in the form of consent to resolve the dispute. Accordingly this consent can be given in one of the following ways:
The rules of the sporting organisation involved in the dispute must allow for recourse to independent arbitration – in the form of Sport Resources or the Sports Dispute Resolution Panel
If the dispute is in relation to a contract or agreement, that contract or agreement must contain a clause referring disputes should they arise to the Sport Resolutions or the Sports Dispute Resolution Panel
The parties to the dispute agree in writing to submit the dispute to Sport Resolutions or the Sports Resolution Dispute Panel for arbitration / mediation
Arbitration is the procedure whereby the dispute is submitted by agreement of both parties to one or more arbitrators who will then make a binding decision on the dispute.
In choosing arbitration both parties choose a private dispute resolution procedure instead of going to court.
Both parties must consent for arbitration to take place.
The main advantages of Arbitration are as follows:
The composition of the tribunal
Privacy
Flexibility
Finality
Under the Arbitration rules provided by Sport Resolutions the parties can select a sole-arbitrator together. Furthermore the parties can choose to have a three-member arbitration panel whereby each party will appoint one of the panel and both parties will agree on the final member.
Sport Resolutions also has the capacity to suggest potential arbitrators will relevant experience to that particular dispute.
The hearings will be held in private meaning that decisions are not usually published unless both parties agree to them being so.
This is an extremely important factor for some sports in the UK which receive huge amounts of media attention.
The Arbitration procedure is flexible in relation to decisions being made by a particular deadline.
The Arbitration Rules of the Sports Dispute Resolution Panel provides for a final and binding agreement.
Mediation is a process whereby a third party who is not involved in the original dispute will assist the parties to reach a mutually agreed settlement without the need to go to court or arbitration.
During mediation there is no binding decision placed on the parties by a judge or arbitrator, the mediator simply works with the parties enabling them to come to their own agreed solution.
The process of mediation has the following advantages:
It is quick
The parties retain control
There are a wide variety of settlement options available
Mediation is done without prejudice
Mediation can be achieved in a matter of weeks compared to the long process of litigation.
Both parties will be involved in the decision making process and are not required to relinquish control to a judge or arbitrator.
A wide variety of settlement options are available through mediation which can be written into settlement agreements between the parties following mediation.
This means that mediation does not affect any of the other options available to the parties. For example if mediation does not provide a satisfactory outcome, litigation can commence or continue with nothing revealed in the mediation process being used in any court or arbitration proceedings.
The National Anti-Doping Panel is an independent body which determines anti-doping issues arising in sport throughout the United Kingdom.
The National Anti-Doping Panel has three main purposes, which are as follows:
To improve the quality and consistency of tribunal decision making in anti-doping cases
To protect National Sporting Governing Bodies from the conflict of interest in both prosecuting and establishing and administering tribunals to hear the cases
To remove the financial and administrative issues from the National Sporting Governing Bodies of managing their own anti-doping panel and tribunals.
In the same way as the decisions of the Sports Dispute Resolution Panel decisions by the National Ant-Doping Panel are not published unless consent has been given by both parties involved. This enables much of the issues of sport to be kept out of the media spotlight.
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