Dispute Resolution in Sport Athletes, Law and Arbitration
An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation.
The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports.
Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.
Introduction: Whither the NCAA? 1. The Courts, the CAS and the ‘Professional’ Athlete 2. Law and Arbitration in US Amateur Sports 3. Collective Bargaining in US Professional Sports 4. Antitrust and Competitive Balance 5. Strikes, Lockouts and Decertification 6. Homegrown Players, Salary caps and ‘Fair Play’ 7. Internal Machinations and CAS Appeals: A Case Study of FIFA Dispute Resolution 8. Young Participants; European Law, International Provisions and Third Country Migration 9. European Sports and Collective Bargaining: The Possibilities of Social Dialogue
"McArdle illuminates important aspects of sports disputes resolution, by touching upon difficult fields, and scrutinizing issues of particular socio-economic weight, beyond their purely legalistic dimension."
- Armenopoulos [Thessaloniki Bar Review] 2015, p. 1269