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Nov 2610 min read

Importance of Arbitration in the field of Sports Law for India

Written By Tejas Singh



A. Introduction. In today’s rapidly changing & advanced world, everything is developing & changing very fast. A lot of industries are on the rise as we move ahead in today’s time. The same goes for the sports industry as it is on the rise today & it's growing at a rate which was never seen before.[1] If one looks at the Indian sports industry, one may see that the revenues from the sports industry just passed US $ 1.6 Billion in the year 2022.[2] This proves that the Indian sports industry is putting India on the global map & it is now recognized around the world. When it comes to sports & the sports industry, disputes also come along.[3] In other words, there are also disputes related to the sports industry which one can see. All these disputes arise when there is wrongdoing to someone or something in the field & discipline of sports. The best way to resolve issues that arise in the sports industry & field is to take up the matter to the court & let the court pass its judgment on the dispute so that it can be resolved fairly & justly. However, the current judicial system is criticised for its late & ineffective judgements and there are other problems as well which will be discussed further in the article/blog.[4] With this, there is a need for a better alternative than the current judicial system which can take up matters & resolve them quickly & more efficiently while ensuring that the decisions are just & fair to everyone associated with the dispute.


Talking about the alternatives of the current judicial system in resolving sports-related issues, Arbitration can be a better option in resolving sports-related issues as compared to the current judicial system as it is more flexible, specialised, etc.[5] as compared to the current judicial system (more on this further).


Arbitration is a type of alternative dispute resolution or ADR by which disputes are settled outside the courts & not in them. Arbitrators are appointed who take up the disputes & they investigate all the evidence, credible info., etc. This can resolve sports-related issues effectively & credibly as there is an involvement of expertise & sensitivity while maintaining the privacy of everyone involved.


India has also tried to understand this concern by taking steps to promote arbitration in sports-related issues. This is done by establishing the “Indian Court Of Arbitration for Sports” or ICAS in the year 2011 & the “Sports Arbitration Centre of India” or SACI in the year 2021.[6] But all these steps are not enough as one can see that the results of establishing these institutions are not satisfactory & therefore there is a critical & urgent requirement of sports arbitration in India which will benefit the sports industry in India by resolving sports-related issues effectively & on time while ensuring fairness & being just.

 

B. The requirement for a better dispute resolution system in India:-

 

As one can see in the growth of the sports industry in India, challenges such as disputes are also on the rise. The reason behind any dispute related to sports can be anything, for instance- breaching of contracts between athletes & companies, sponsorship contracts breach, copyrights, use of unfair means in competitions by the athletes, discrimination faced by athletes by the organizers, doping cases, ban on athletes for no satisfactory reason, etc. To counter & serve justice in these types of cases, there is an urgent need for alternative dispute resolutions or ADRs in India. These ADRs have the expertise, speciality, wider scope of knowledge about the sports field, etc. which will ultimately bring out better & more fair & just outcomes of a matter as compared to if that matter would have been resolved in the current judicial system(which are the courts in the country).[7] Before discussing the benefits of having alternative dispute resolution or ADR, I would like to mention one crucial advantage of ADRs over the current judicial system. As an athlete, there is very limited time for athletes to perform & move forward in their sporting career, & once a certain age is reached when the body cannot perform as it did earlier, the athletes have to take retirement. So it is very clear that time is very crucial for an athlete in his/her career. The problem lies in that the current judicial system takes a lot of time to deliver its verdict on a matter. For instance- If an athlete faces a 10-year ban on a case related to doping, & the athlete can prove his/her innocence, even in that case a lot of time of that athlete is consumed before proving their innocence. But that would not have been the case if the trial of that athlete would have been quick & speedy. And that is where ADRs come as they bring out the justice a lot faster & better than the current judicial system in the country.[8]

 

C. Benefits of Arbitration in India:-

 

Here one can see what benefits Arbitration presents if it is present in the country as compared to the current judicial system in India.


  1. One of the very first benefits of arbitration is that the arbitrators who are appointed to resolve a dispute hold expertise & specialization in the field on which the case is based. Due to this reason, they understand the case much better than the judges who do not hold any expertise in the related field.[9] All this makes sure that the outcome of the resolution is just & fair.


  2. As mentioned above, arbitration can be fast & quick in resolving disputes. It will ultimately save the energy, time, resources, etc. of every stakeholder involved in that particular dispute.[10]


  3. Another benefit of arbitration is that it maintains the personal space of the stakeholders involved as privacy is maintained which does not spread a bad name of anyone involved & outside influence cannot influence the outcome of the case.


  4. Another benefit will be that arbitration is pocket-friendly as compared to the current judicial system in the country. An athlete cannot be expected to spend his/her entire fortune on court cases just to get justice. In arbitration, an athlete does not have to go from jurisdiction to jurisdiction, instead, both parties agree to meet at a decided place convenient to both parties. This ultimately saves a lot of money & resources for all the stakeholders related to the case.[11] 


  5. Another benefit is that the outcome in arbitration is generally sure & it cannot be taken up anywhere else again. This gives an advantage to everyone that nobody’s time will be consumed on the same matter again and again.[12] This also gives a sense of surety to every stakeholder involved in the case that the outcome or resolution is sure & cannot be changed later in future.


-       These were a few benefits of arbitration over the current judicial system in India.

 

D. Difficulties in the Sports Arbitration in India:-

 

After it is very clear & evident that arbitration is better than the current judicial system, there are still problems to face & resolve for arbitration to work in India. A few of them are further mentioned-


  1. The knowledge of how arbitration is better than the current judicial system is not widespread & due to this very reason, it is seen that the adoption of arbitration in India is not effective. People are not aware of the Arbitration process's benefits, especially in sports.[13] This problem can be resolved when people have a clear knowledge about the benefits & process of arbitration. There is a need to spread knowledge & awareness about arbitration in India.


  2. The ecosystem of the judicial system is very inconsistent & dicey when it comes to resolving sports-related issues. There should be a proper judicial framework to address sports-related disputes.[14]


  3. The current judicial system takes a lot of time to resolve sports-related disputes and therefore it is time-consuming.[15] There can be different reasons why it takes a lot of time to resolve all the sports-related issues, one of them is that the current judicial system is already piled up with a lot of cases. The decision or judgements should be served quickly as time is important for athletes.


  4. The current ADRs in the country like SACI & ICAS are not recognised and due to this reason, they cannot work efficiently, effectively, etc. This also lowers the confidence of people associated with these ADRs.[16]

 

E. Purpose of Court of Arbitration for Sports:-

 

By discussing the purpose of the Court of Arbitration for Sports (CAS), will throw light on how arbitration is important when it comes to sports law & related fields. CAS was formed in Switzerland in 1983 by the International Olympic Committee or IOC, it is an institution which takes up disputes related to sports & like activities[17] which occur around the world. In some way or another, it serves as the top court in the world when it comes to sports disputes as it is specialized, has expertise, is effective, all the functioning takes place smoothly & without delays, etc. There is a wide variety of cases which CAS takes up to resolve, few of them are also mentioned above for instance- breaches of contracts related to sports, doping, bans, etc.


CAS is accepted widely around the world and it is considered a top-notch court when it comes to sports law. National as well as international athletes, national & international sports groups or formations are usually the ones who come to the CAS for their matters to be resolved. When there is a possibility of a conflict of laws & the parties in the case refuse to accept the jurisdiction of one another, then generally the law which is implemented is the Swiss law[18] due to its high credibility and related aspects.


By looking at the CAS, one can imagine that if such an institution works in India, then it will be easier for all the stakeholders in a legal dispute related to sports. By looking at how CAS is highly successful & if the same kind of institution is established in India, then ultimately it will help the sports industry in India and it will also result in a betterment in the sports & its industry.

 

F. How can Sports Arbitration be promoted in India:-

 

Earlier it has already been discussed how sports arbitration can benefit the sports & its industry in India. Further down, how it can be promoted is discussed-


  1. There is a critical need for strengthening ICAS & SACI to promote sports arbitration in India. Only when these institutions are strengthened, there will be a strong spread of sports arbitration in India. The authorities must take strict actions towards procedures & protocols which will make these institutions work effectively & efficiently. This will ultimately spread the idea of sports arbitration in India.

  2. There should also be steps taken to spread the idea & knowledge of how sports arbitration is a better option than the current courts when it comes to legal disputes related to sports. As soon as more & more people understand this, sports arbitration will take a stronghold in India when it comes to sports-related legal disputes.


  3. The institutions for sports arbitration in India should work independently & they should not be influenced by any power whether governmental or some other kind of power. They should work independently without other institutions or anything oppressing them or interfering in their functioning or outcomes. This will make these institutions work smoothly & without any pressure. The outcomes of the cases will also be fair & just.

 

G. Comparison of different countries when it comes to sports arbitration & what India can learn from it:-

 

For the comparison concerning sports law, the countries which will be compared ahead are Australia & Kenya. Discussing how these countries are working will help understand what India can learn from them. To my knowledge, both countries have set up their own ADRs which promote sports arbitration. There is a smooth & hassle-free functioning of these institutions. All this helps these countries to address the sports-related issues & declare a just & fair outcome. This has spread the idea of sports while making it fair and there can be seen a rise in sports in these countries. Now people & especially athletes can get justice easily as compared to before in these countries. All this is ultimately helping the athletes & people of these respective countries and most importantly also around the world. When disputes related to sports arise within these countries, they are addressed smoothly by these sports arbitration institutions. For this reason, both these countries are praised around the world when it comes to sports arbitration. India can learn from both these countries and can establish successful sports arbitration institutions in India.

 

H. Conclusion:-

 

In conclusion, India has a great opportunity to grab & spread arbitration in sports in India. It will ultimately help the country in maintaining fairness in sports & its industry. What exactly is arbitration & its pros & how India can benefit from it, etc. have been already discussed above. India can learn from other countries which are successful in establishing sports arbitration in their respective countries & through that step, India can also establish successful sports arbitration institutions & processes in India. Currently, in India, there are few institutions like SACI & ICAS already established, but due to its poor performance & many other reasons(which are mentioned above in the article), it is separated from other successful sports arbitration institutions like CAS. Change can only occur if India understands the need of the hour & takes some steps which will make such institutions like SACI & ICAS successful in addressing sports-related legal disputes. Methods on how India can promote sports arbitration have also been discussed. If India understands how arbitration in sports can be a great option in addressing sports-related legal disputes, then it will improve the current condition of arbitration in sports in India which will ultimately help & promote sports arbitration, sports & its industry not only in India but also worldwide. This was my short article on my chosen topic- ‘Importance of Arbitration in the field of Sports Law in India’.

the spirit of fair play might drown in the sea of nature.





*The Author is a legal Scholar from Jindal Global Law School, India



(The Image used here is for representative purposes only)



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