International Arbitration Law

Published: 01-04-2021| Version 1 | DOI: 10.17632/gy5z7d9jdt.1
Contributor:
Yassin Abu Ied

Description

The global recreation market, of which the sports market is a segment, reached a value of nearly $1,435.4 billion in 2018, having grown at 4.5% since 2014. It is expected to grow at a compound annual growth rate (CAGR) of 6% to nearly $1,809.8 billion by 2022. The sports market was the second largest segment in the global recreation market in 2018, accounting for 34% of the recreation market. The amusements market was the largest segment of the recreation market accounting for 35.6% of the recreation market, and was worth $511.3 billion globally, having grown at a CAGR of 4.5% during the historic period. It is expected to grow the fastest at a CAGR of 6.3% during the forecast period. Such findings and statistics make it clear that competitive sport today is more than just the search for the world's best athletes in a discipline in the world, it is a significant economic factor. It is estimated that the sport sector generates between one and four percent of the gross domestic product of the EU member states. The main players in sport, the athletes, also receive lucrative bonuses and salaries. In addition to top salaries and bonuses in popular universal sports such as football or tennis, bonuses exist for every victory or even just for being very involved in a football match. In addition, depending on popularity, further income can be expected from marketing the winning club or athlete. (e.g., interviews with magazines, presence in Instagram, Facebook and other social media). The outcome of a competition is therefore no longer just a question of the best sporting performance, but has enormous economic significance. Therefore, sanctions imposed on an association or sports federation against individual athletes, e.g. corruption, racism or in doping proceedings, can have a significant impact. Before the establishment of the Arbitration Court in Lausanne, Switzerland, "forum shopping" was open to the participants. In order to avoid the danger of "forum shopping" due to the international nature of high-performance sport and also to guarantee equal treatment of all participants in high-performance sport, the Court of Arbitration for Sport (CAS) was created in Lausanne. This is designed as a genuine arbitration court and states have no influence on the International Court of Arbitration for Sport. The International Sports Court in Lausanne has been the subject of repeated criticism. Many athletes and clubs are not willing to accept his decisions. There is therefore an enormous need for legal protection for the athletes or clubs and the sports organizations. This cientific work gives insigts in the proccedings before the Arbitration Court for sport. Also Switzerland's Federal Code on Private International Law must be shortly examind regarding the "private aoutonomy" legal point.

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