Need for Indian court of arbitration for sports in India

Chanda, Subhrajit, Gupta, Akash and Bajpai, Arushi (2024) Need for Indian court of arbitration for sports in India. The International Sports Law Journal. ISSN 1567-7559 (In Press)

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Abstract

Indian sports industry revenues crossed USD 1.6 Billion in 2022 and propelled the nation onto the global stage, with various disciplines garnering unprecedented acclaim. However, this growth has been accompanied by a surge in disputes, underscoring the need for efficient resolution mechanisms. Arbitration emerges as a highly advantageous method, offering efficiency, flexibility, and specialized expertise in sports-related matters. India stands at a critical juncture in its sports arbitration journey, recognizing the imperative for a more efficient mechanism. Despite previous efforts with entities like the Indian Court of Arbitration for Sports (ICAS) in 2011 and the Sports Arbitration Centre of India (SACI) in 2021, the outcomes have been less than satisfactory, with no cases registered. There is an absence of a ‘working’ Sports Arbitration Centre in India due to which the players approach the domestic courts for dispute resolutions, or the alternative remedy is that the parties may approach CAS in Switzerland if the National Sports Federation allows that. This underscores the urgent need for a robust and responsive sports arbitration regime in India. For these reasons, the paper also explores the Australian and Kenyan Models of Sports Arbitration. A revamped ICAS, or ICAS 2.0, tailored to meet diverse stakeholder needs to resolve sports disputes in India is required. The ICAS 2.0 shall have jurisdiction in all sports-related matters within the territory of India. The ICAS 2.0 shall have a Council responsible for drafting ICAS Rules which clarify their jurisdiction, appointment of arbitrators, challenge to arbitrators’ procedure, appeals procedure, applicable law, and finality of the awards. To conclude, the establishment of ICAS 2.0 presents a significant opportunity for India to fortify its sports arbitration framework, fostering transparency, fairness, and accountability. Embracing a holistic approach, encompassing legal, procedural, and institutional reforms, India can position itself as a leader in sports dispute resolution, contributing to the growth and development of sports nationally and globally.

Item Type: Article
Keywords: Sports | Arbitration | Dispute | Sports Federation | Sports Dispute Resolution | CAS | ICAS
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 10 Oct 2024 09:41
Last Modified: 10 Oct 2024 09:41
Official URL: https://doi.org/10.1007/s40318-024-00285-6
URI: https://pure.jgu.edu.in/id/eprint/8606

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