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.
Table of Contents
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
David McArdle is a Senior Lecturer in the School of Law at Stirling University, UK.
"…extremely interesting and important reading… McArdle has certainly found an important area and a keen sports and social issue… The book should be of great interest for athletes, players' agents, coaches and others who are involved in developing talent programs in pursuit of viable elite athletes."- Bo Carlsson (09.2015) "Central work for the discussion of individual rights in elite sport" idrottsforum.org, Department of Sport Science, Malmö University.
This review has been translated from Swedish: http://idrottsforum.org/carbo_mcardle2015-09-01/