Understanding, significance and legal methods of solution of disputes related to sports

ANCIENT LAND ◽  
2021 ◽  
Vol 03 (04) ◽  
pp. 8-14
Author(s):  
Elcan Elman oğlu Həsənli ◽  
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Sports Law ◽  
Historical Process ◽  
Amateur Athletes ◽  
Sports Organizations ◽  
Sports Arbitration ◽  
Judicial Authority

Sports has become an increasingly important and professionalized sector in our age. The increase in the number of professional and amateur athletes as well as sports organizations in the historical process has brought about an increase in the number of national and international competitions. Parallel to this development, conflicts related to sports have also increased and these conflicts have to be resolved in accordance with the sport's own body. Indeed, settling the disputes that arise especially in international competitions as soon as possible will affect the fate of the competitions. However, the existence of many organizations operating in this field and the inconsistencies that emerged between their decisions and practices increased the need for uniformity in this area. As a judicial authority to meet this need, CAS has undertaken this job. Although the CAS has not closed its door to other alternative dispute resolution methods, it has come to the fore especially with the advantages it provides arbitration. CAS has fulfilled its duty to settle the disputes arising from sports law in a swift and fair manner with the decisions it has made so far. Keywords: Sports law, sports-related disputes, mediation, sports arbitration, CAS

International Sports Law: A Replay of Characteristics and Trends

1992 ◽  
Vol 86 (3) ◽  
pp. 489-518 ◽  
Author(s):  
James A. R. Nafziger
Keyword(s):  
Dispute Resolution ◽  
Social Economic ◽  
Sports Law ◽  
Athletic Activity ◽  
Sports Activity ◽  
Political Issues ◽  
Sports Organizations ◽  
Organizational Issues ◽  
Emerging Trends ◽  
Olympic Movement

The much-neglected field of international sports law is changing significantly. From a patchwork of hard and soft law cultivated by the Olympic Movement, a more structured pattern of international administration and dispute resolution is emerging. Trends include the exercise by transnational sports organizations of greater and more uniform authority over athletes and athletic activity; improved mechanisms for resolving disputes and appealing decisions within those organizations; and a modest inclination toward arbitration and adjudication of disputes. Also, attention has shifted within the arena of international sports from political issues to social, economic and organizational issues and toward applying principles of procedural and substantive fairness to resolving disputes. These trends in administration and dispute resolution are interrelated. As the organizations that directly regulate sports activity become more intrusive, they generate expectations and entitlements that require more stable and equitable rules and procedures of enforcement.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

Kajian Ekonomis Penyelesaian Sengketa Bisnis melalui ADR (Alternative Despute Resolution)

2020 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Miswardi Miswardi
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Economic Benefits ◽  
Legal Institution ◽  
Business People ◽  
Minimize Costs

<p align="center"> </p><p><em>In line with the increasing demands of the business in the era of globalization, especially related to the resolution of business conflicts, business people have tried to find alternative dispute resolution methods other than justice. This is because the judicial institution as a legal institution that should be able to play its role in efforts to resolve various kinds of business conflicts, is in reality not as expected by business people. There is support for normative formalities. Therefore alternative dispute resolution institutions can be used as a very possible choice. This alternative institution is considered more effective in various aspects of business dispute resolution, in response to the demands of very fierce business competition. Some economic benefits gained from choosing a solution through ADR (Alternative Despute Resolution) are that this model is not formal, saves more time and also minimize costs in dispute resolution.</em></p><p> </p>

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