GoingToMeet

The increasing use of arbitration in sport over the last decade, coupled with the critical issues at stake, has challenged the legal framework in which arbitration disputes are addressed in many jurisdictions. It is hardly necessary to mention recent controversies, such as the decisions of the Swiss Supreme Court on CAS’s jurisdiction, the legal consequences of misconduct in Formula One (McLaren and Renault), the sporting consequences of irregularities at West Ham Football Club - the current list is almost endless. The arbitral system is under strain both externally and internally, the latter visibly evidenced by increasing controversies over arbitrator/counsel conflicts of interest (at CAS and elsewhere) and the potential liability of arbitral institutions, unprotected by arbitral immunities, such as the ICC. In short, this is the time to take stock of what arbitration signifies for sport disputes and to assess what can be done, what cannot be done and, where it can be done, to do it better.