Independent and specialized dispute resolution is an accepted and integral part of the sport bureaucracy internationally and, increasingly so, within national sport systems. Independent arbitration has been operating in the United States since 1978 and in the People’s Republic of China since 1995. The United Kingdom, Australia, New Zealand, Japan and Canada have all introduced independent, sport-specific systems of dispute resolution in the last decade. Internationally, the Court of Arbitration for Sport (CAS), which first emerged in 1983, is globally recognized as the authoritative and highest tribunal for arbitrating international sport disputes. This paper examines arbitral intervention in international and national sport cases to determine if we are moving towards an increasingly universal approach to arbitration decision-making.
Originally published: Yearbook on Arbitration and Mediation, 2010, Pennsylvania State University Dickinson School of Law