Sports Arbitration and Sports Disputes in Georgia
In international practice, "sports arbitration" evokes the Court of Arbitration for Sport — the forum where appeals arising in the systems of FIFA, UEFA and other federations are heard. Here it must be said plainly: Georgia has no statute on sports arbitration, and international sports tribunals have no statutory force in Georgian law. The Law on Sport contains no arbitration norm at all: its Article 28 provides that violation of the law's requirements entails liability established by Georgian legislation — meaning a sports dispute goes, by the general route, to the ordinary courts. The only statutory dispute machinery in the law is set by the anti-doping regime, while the remaining internal forums are created by the federations' statutes. Below we examine this whole picture.
Ordinary Courts and the Federation's Internal Forums
The general rule of Article 28 — a violation entails liability in accordance with Georgian legislation — means that claims arising from sporting relationships are resolved, under the general norms of contract, tort and labour law, in the ordinary courts. At the same time, Article 10 builds the internal order that precedes disputes within the sports system: the national sport federation is a private-law non-profit legal person operating in accordance with this law, other legislation, international sports federations and its own statutes, and is the sole governing body in the respective sport. Internal bodies created by the federation's statute — disciplinary commissions, appeal instances — bind the members contractually, through their incorporation in the statute: their decisions may be challenged in the manner established by the statute, with the ordinary court as the final instance.
The Anti-Doping Machinery: The Only Statutory Forum
Article 22-4 builds the only dispute mechanism established by law. The Georgian Anti-Doping Agency is a non-profit legal person exercising, with exclusive competence on the territory of Georgia, activities connected with anti-doping. The Agency carries out doping control and, within its competence, ensures the prevention of violations of the Georgian anti-doping rules, the detection of facts of participation by athletes, athlete support personnel or other persons in such violations, and an appropriate response to the consequences of violation by referring them to the corresponding disciplinary/appeal organ. This organ is precisely the specialised forum provided by law for anti-doping violations: its mechanisms are determined by the Georgian anti-doping rules and the statute of the disciplinary/appeal organ, and the statute must be confirmed by the World Anti-Doping Agency before approval and entry into force. The anti-doping rules extend to every national federation, every athlete competing in the name of Georgia, and to natural and legal persons.
Prohibited Means and Facilitator Liability
Article 27 provides: in sporting activity and for the purpose of achieving high results, the use of such means and stimulating substances as are prohibited by Georgian legislation, the regulations of national sport federations and international sports organizations and other legal acts is impermissible. A person who consciously facilitates the use of such means answers under Georgian legislation — a coach, a doctor or a manager who knowingly abets doping is answerable under the general rule. This norm connects directly to the anti-doping machinery: a detected fact is examined by the disciplinary/appeal organ upon the Agency's referral, while the remaining claims lie with the ordinary courts.
Private Arbitration: What the Parties May Agree
The absence of a special sports arbitration does not mean the parties cannot choose a forum: the arbitration regime is determined by a separate law and extends to sports contracts as well — a club and a player, a federation and a sponsor may agree that their dispute be examined by an arbitrator. Such an agreement must be written and unequivocal, and its consequence is known: the court route closes for the dispute referred to arbitration. In international deals, the designation of a foreign forum or of international sports instances is also common — such a clause raises the question of enforceability before Georgian courts, and its consequences should be assessed in advance. In sum, the choice is as follows: disciplinary and anti-doping matters — the federation's internal forums and the disciplinary/appeal organ; property disputes — the ordinary court or an agreed arbitration.
Frequently Asked Questions
Below we answer the questions most frequently asked about sports disputes and arbitration.
Is there a sports arbitration law in Georgia?
No. The sports law contains no arbitration norm; disputes go to the ordinary courts unless the parties agree on private arbitration. The only statutory forum is the anti-doping disciplinary/appeal organ.
Can a federation's decision be appealed?
The federation acts under its own statute, and decisions of its internal forums are challenged in the manner the statute establishes; final review lies with the ordinary courts.
Who examines doping violations?
The Anti-Doping Agency detects the facts and refers them to the disciplinary/appeal organ; the mechanisms are determined by the anti-doping rules and the organ's statute.
Who answers for facilitating prohibited means?
A person who consciously facilitates the use of prohibited means answers under Georgian legislation.
How We Help on Legal.ge
The Legal.ge team handles sports disputes with the practice of ordinary courts and arbitration: we assess which forum is right for your dispute, draft complaints for the federation's internal instances and claims for court, and plan the arbitration clause in a contract so that nothing catches you out later. Tell us whether the dispute runs between athlete and club, federation and member, or sponsor and rights-holder. Consultations are available in Georgian, English and Russian.