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  6. Sports Arbitration

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SportsArbitration

Is CAS arbitration mandatory?

It depends on the sports contract and federation statutes. Most professional contracts include a clause making arbitration mandatory over state courts.

How long does a CAS case take?

Standard procedures take 6-12 months, but urgent cases (e.g., during Olympics) can be resolved within 24 hours via the Ad Hoc Division.

Who pays for arbitration costs?

Generally, the losing party bears the costs, including the winner's legal fees and arbitration expenses, but the panel has discretion to allocate costs.

Can I appeal a CAS decision?

CAS awards are final. Appeals are only possible to the Swiss Federal Tribunal on very limited procedural grounds (e.g., lack of jurisdiction).

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3 min

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Sports Arbitration is an alternative, specialized dispute resolution mechanism designed to swiftly and effectively resolve conflicts within the sports world. Unlike ordinary courts, where processes can drag on for years, sports arbitration focuses on speed, which is critical for an athlete's short career. In Georgia, sports disputes often involve breach of contract, delayed salary payments, disciplinary sanctions, and doping cases. At the international level, the highest instance is the Court of Arbitration for Sport (CAS) in Lausanne, while at the national level, disputes are heard by internal arbitration bodies of relevant federations (e.g., Football, Basketball). Qualified legal assistance is essential because arbitration procedures are strictly regulated and require specific procedural knowledge.

What Does the Sports Arbitration Service Cover?

Our service provides full legal support at any stage of arbitration proceedings:

  • Determining Jurisdiction: Studying the case to determine which arbitration body (national or international) has jurisdiction over the dispute.
  • Claim Preparation: Drafting a legally sound complaint/claim, gathering evidence, and formulating arguments.
  • CAS Representation: Preparing appeals and defense at the Court of Arbitration for Sport (CAS) in Lausanne.
  • Domestic Arbitration: Representation at the Dispute Resolution Chamber of the Georgian Football Federation and other national federations.
  • Enforcement: Recognition and enforcement of arbitration awards both within Georgia and internationally.

Real-World Situations When You Need This Service

Sports arbitration is necessary in the following cases:

  • Unjustified Disqualification: An athlete was banned from competition due to a dubious doping test or disciplinary charge. Urgent arbitration intervention is needed.
  • Wrongful Contract Termination: A club fired a player without compensation. The lawyer applies to arbitration demanding back pay and damages.
  • Transfer Dispute: A conflict arose between clubs regarding the payment of transfer fees or solidarity mechanisms.
  • License Revocation: The federation suspended a club's license due to failure to meet financial criteria. The decision needs to be appealed.

Georgian Legal Framework

The legal basis for sports arbitration lies in the "Law of Georgia on Arbitration" and the "Law on Sport". However, the statutes of sports federations, which often contain mandatory arbitration clauses, are paramount. At the international level, the CAS Code (Code of Sports-related Arbitration) applies. It is important that parties exhaust internal legal remedies before appealing to CAS.

Process: How a Specialist Works

The arbitration process involves:

  1. Preliminary Assessment: Analyzing case prospects and costs (arbitration is often expensive).
  2. Arbitrator Selection: Appointing a qualified and impartial arbitrator (if the procedure allows).
  3. Hearing: Presenting oral or written arguments and cross-examining witnesses.

Why Legal.ge?

Legal.ge gives you access to lawyers with experience in both local arbitration chambers and CAS. A sports dispute requires speed and specific knowledge. We will help you effectively protect your sporting rights.

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