INDIAN SPORTS DISPUTE RESOLUTION

"Do you know what my favorite part of the game is? The opportunity to play."

- Mike Singletary

Indian culture has traditionally placed a high value on sports. Commercial sports are eventually expected to rank among the world's top industries. As sports become more commercialised, laws are needed to control them and other commercialised activities. Sportsmanship used to be the only factor that mattered, but since sports have acquired popularity and notoriety, there are some corrupted practises that compromise the integrity of sports, necessitating the creation of sports legislation to oversee and control these activities. There is a need to include an alternative to litigation because sports-related disputes are increasing, in order to deliver swift justice within reach. In this light, arbitration must be viewed as a useful tool for resolving such issues.

BODY RUNNING INDIA'S SPORTS LAW

There are many organisations in India, including the Ministry of Youth Affairs and Sports, the Sports Authority of India, the Sports Broadcasting Law in India, and the Sports Law and Welfare Association of India. The Sports Authority of India (SAI) is the supreme body in India and was established by the ministry of youth affairs and sports in 1984. It coordinates numerous sports events around the nation. While the Sports Law and Welfare Association of India strives to enhance the current sports-related regulations and to maintain the efficient operation of the sports business, it also promotes the moral practise of sports in India. Even though there are numerous government organisations ensuring the operation of the sports industry in India, there is currently no legislation specifically devoted to sports in India.

INDIA SPORTS ARBITRATION

There are currently a tonne of cases pending in India, which slows down the administration of justice and results in postponed dispute settlement. To combat this, India has established a number of authorities to settle disputes, administer, and govern the problems that develop in the nation's sports code. The Indian Court of Arbitration for Sports was established in 2011 as an official entity with the goal of introducing ADR mechanisms within the scope of sports-related disputes in the most effective manner. However, a number of cases have drawn out proceedings, which delays justice and shortens an athlete's finite career in athletics.

WHAT IS CAS AND IT’S ROLE?

An international body for resolving sports disputes is the Court of Arbitration for Sports (CAS). The provisions forming a part of the athletic organisations' constitution or an ad hoc arbitration agreement give CSS jurisdiction. The Swiss Equest lawsuit led to the creation of CSS.

There are numerous situations where the CAS-created forum has been utilised to settle sports-related issues, but in India, arbitration is administered by the Arbitration and Conciliation Act, which is relevant to arbitrations in India and is largely based on the UNCITRAL Model Law. This statute states that only if the countries' dispute resolution procurements are transformed into universal administration will India's monetary alterations become convincing. Sports arbitration is a developing area of alternative dispute resolution that requires fresh thinking and a new approach to meet its particular needs. The sports arbitration must provide a satisfactory conclusion to conflicts while taking into account various aspects of sports legislation.

ADVANTAGES OF ARBITRATION

The traditional legal system has the significant disadvantage of taking a long time to provide justice, which severely limits an athlete's life as a sportsperson. Arbitration procedures tend to resolve disputes in more practical ways, leading to a smooth and quick resolution of the dispute while retaining secrecy. On a global scale, CAS is an option, and in India, ICAS is the platform for arbitrating sports-related disputes. Comparing these specialised venues to conventional conflict resolution procedures in regular court, they offer an advantage.

The main benefit is that the arbitrators would have experience in sports law, which would help them comprehend the case better and produce a better result. Apart from that, the parties and the international authorities designated by CSS appoint famous jurists from the world sports community, offering the finest arbitrator to decide the case. Confidentiality and privacy of the parties are strongly preserved throughout the arbitration procedure. The process of arbitration itself is steady, with a deadline for the dispute's resolution.

Sports have a big impact on culture, and the two are closely related. There are several teams from various geographic locations with distinct cultures that are brought together by sports, however because of these differences in culture, conflicts could happen. Cross-cultural differences must be considered when resolving such disagreements in order to give them equal weight.

CONCLUSION

Sport has a long cultural history in India. Sports law has always existed, but because it is a young discipline, it has a number of difficulties in the adjudication of disputes. In the normal course of justice delivery, nuances and technicalities are not properly taken into consideration as they are in the arbitration process. By using arbitration, the wronged party can receive justice in a private and timely manner, improving the convenience and importance of the justice system and advancing sports welfare.

Sports Federations and other auxiliary bodies associated with sports in India must move forward with understanding their game-related objectives rather than pondering how to settle scores against or with one another. India has extremely lax sports law, and measures must be taken in admiration of such disputes.

Written by

Vanshika Sahu

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