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Kalybaeva, A., Turatbekova, Ch., & Shin, H. (2024). Role and place of sports arbitration in the system of alternative dispute
resolution methods. Social & Legal Studios, 7(4), 103-110. doi: 10.32518/sals4.2024.103.
Role and place of sports arbitration
in the system of alternative dispute resolution methods
Suggested Citation Article’s History: Received: 06.09.2024 Revised: 20.11.2024 Accepted: 23.12.2024
*Corresponding author
Aliya Kalybaeva*
Doctor of Law, Professor
Jussup Balasagyn Kyrgyz National University
720033, 547 Frunze Str., Bishkek, Kyrgyz Republic
https://orcid.org/0000-0002-3697-2560
Chynara Turatbekova
Doctor of Law, Professor
Kyrgyz-Russian Slavic University
720000, 44 Kievskaya Str., Bishkek, Kyrgyz Republic
https://orcid.org/0009-0009-4640-3028
Galina Shin
PhD in Law
Osh City Court
723500, 318A Lenin Str., Osh, Kyrgyz Republic
https://orcid.org/0009-0003-9944-8138
Abstract. The relevance of this study is caused by the fact that the institution of sports arbitration occupies a key position
in ensuring eective and fair resolution of disputes between participants in sport. The purpose of this study was to review
the history of the establishment and development, as well as the signicance of the Court of Arbitration for Sport and its
practice, with a forecast of the development of analogous institutions in Kyrgyzstan. The study employed the hermeneutic,
institutional, formal-legal methods, method of analysis. The study covered the specic features of the legal development
of the Court of Arbitration for Sport (CAS) and the current problems of its functioning. The generalised conclusion is that a
specialised arbitration institutions need to be developed for eective dispute resolution in the eld of sport in Kyrgyzstan.
The procedural aspects of dispute resolution were investigated on the example of CAS. Although CAS is often considered
as an international court, it is not part of an international justice system that is formed with the participation of states
or based on international law. The study analysed the existing points of view and opinions expressed by scientists on
this issue. The analysis of dierent approaches helped to comprehend the complexity of this issue and consider possible
ways to improve the procedures for consideration of sports disputes by specialised arbitration tribunal in Kyrgyzstan. The
ndings of this study may be of interest for the development of eective legislation aimed at regulating the activities of
specialised arbitration courts in the eld of sport in Kyrgyzstan
Keywords: international commercial court; Kyrgyz legislation; mediation; sports law; Court of Arbitration for Sport
Copyright © The Author(s). This is an open access Article distributed under the terms of the
Creative Commons Attribution License 4.0 (https://creativecommons.org/licenses/by/4.0/)
UDC 342.72:796
Doi: 10.32518/sals4.2024.103
Соціально-правові студії. 2024. Т. 7, № 4
Social & Legal Studios. 2024. Vol. 7, No. 4
Introduction
Currently, there is no system of legal norms in the eld of
sport that could provide uniform approaches to dispute reso-
lution. At the international level (international and regional
conventions, charters, and other acts of international law)
and at the level of sports organisations (both international
and national), including the bodies governing the Olympic
Movement, no uniform rules governing dispute resolution
procedures have been established. This was partly the rea-
son for the creation of the Court of Arbitration for Sport
(CAS), headquartered in Lausanne, Switzerland. The world
practice has not developed a unied approach to the reso-
lution of sports conicts of dierent nature, and there are
no unied international norms in this area. Litigation in the
national justice system is often time-consuming and costly
for the parties to a dispute. In modern world of sport, there
are many organisations with dispute resolution powers,
operating both nationally and internationally. However, a
key and most authoritative body stands out – CAS, which
104
Role and place of sports arbitration in the system of alternative dispute resolution methods
Materials and methods
The study adopted a comprehensive methodological frame-
work, incorporating philosophical, general scientic, and
specialized scientic approaches. Philosophical methods,
such as analysis and dialectics, allowed examining the basic
principles and concepts underlying the functioning of the
Court of Arbitration for Sport. General scientic methods,
such as induction and deduction, were used to summarise
and systematise the data obtained on the activities of the
court. The systemic method was used for a comprehensive
investigation of the role and place of sports arbitration in the
system of alternative ways of dispute resolution. It helped to
consider this issue in the context of the universal provision
of solutions to disputes that arise in the eld of sport, iden-
tifying the interrelationships and the inuence of various
factors on its establishment and development.
The issues related to the functioning of sports arbitra-
tion were investigated using the method of system analy-
sis, determining the role and general understanding of the
existence and development of this method of alternative
dispute resolution in the eld of sport. The method of anal-
ysis involved a careful study of scientic papers, theories
and concepts concerning sports arbitration, its role and
place among other ways of dispute resolution. This process
entailed an extensive review of existing literature and an
in-depth analysis of contemporary theoretical approaches
and concepts pertaining to the structure and operation of a
nation’s tax system.
A hermeneutic approach was adopted to interpret leg-
islative texts, leading to a more nuanced understanding of
their legal ramications. The method of logical analysis was
used to identify the content and focus of regulations govern-
ing sports arbitration in the world and Kyrgyzstan. The insti-
tutional method seeks to understand sports law through the
lens of societal institutions. It is vital to realise that these so-
cial institutions arise in response to relevant needs that orig-
inate in society. The application of the institutional method
in combination with the systemic-functional and system-
ic-structural approaches helped to investigate what needs
and social structures sports law provides. This approach
also opened the possibility of comparing the fullment of
sporting needs through institutions linked to state structures
and those created by civil society. The application of the
formal-legal method helped to analyse legal relations in the
sphere of sport through the lens of statutory regulation. This
method focused on the study of laws, rules, and regulations
that dene permissible and prohibited behaviour.
To fully comprehend and substantiate the issues, the
study used the norms of various legal sources and judicial
practice, namely: Federal Act on Private International Law
(1987), Code of Sports-related Arbitration (2023), decisions
of the Court of Arbitration for Sport (Blackshaw, 2013; McAr-
dle, 2013; Arbitrations of CAS in Case No.2018/A/5546,
2018). Furthermore, comments and explanations from ex-
perts in the eld of law and sports arbitration were analysed
to gain a better understanding of the legislation. This helped
to clarify the interpretation of some ambiguous or contro-
versial norms, as well as to assess the practical aspects of
their application in real situations. This approach helped to
identify possible inconsistencies or shortcomings that may
aect CAS performance.
deals with the resolution of sports-related disputes. CAS is
an institution independent of sports organisations that facil-
itates the resolution of sporting conicts through arbitration
or mediation using specic procedural rules adapted to the
specicities of sport. The study of the legal and other aspects
of this body is a signicant subject of research, especially in
the context of anti-doping.
As E. Ryall et al. (2020) argued, a strong foundation
in legal norms and reasoning, especially in selection ap-
peals, is essential for good governance and professionalism
in sports. By understanding key legal principles, the like-
lihood of disputes and appeals can be reduced. To foster
this understanding, dispute resolution services should dis-
seminate arbitration decisions as educational resources for
professional development. In parallel, I. Bantekas(2023)
examined dispute resolution in professional tennis, iden-
tifying two main categories: regulatory and contractual.
Regulatory disputes, such as those related to discipline,
doping, or corruption, are typically handled by specic
judicial and quasi-judicial bodies established by tennis or-
ganizations, like the International Tennis Federationʼs (ITF)
international adjudication panel or independent tribunals.
These entities possess arbitral qualities, with the ITFʼs in-
dependent tribunalʼs decisions constituting enforceable ar-
bitral awards. The CAS has a limited appellate jurisdiction
over decisions made by these entities.
A.F.da Silva and D. Mirante(2020) argue that while
the CAS has become an essential factor in resolving sports
disputes, there are still lessons to be learned in congur-
ing the best arbitral option for sports conicts. According
to the researchers, sports arbitration has become a vital
mechanism for resolving disputes in international sports,
providing a harmonised and ecient system. However, on-
going challenges around independence and compliance with
broader legal frameworks suggest the need for continued
evolution and renement of this specialised form of arbi-
tration. P.D.Godin (2017) highlighted mediation as a val-
uable tool for eciently managing and resolving intricate
sports disputes. The SDRCC’s mandatory mediation policy
has demonstrated signicant success, achieving a 46% over-
all settlement rate over 12 years, with voluntary mediations
boasting a remarkable 94% settlement rate. Mediation has
proven eective in securing stable and mutually agreeable
settlements, while also fostering improved understanding
and respect among parties, even when disputes couldn’t be
fully resolved. The ndings of M.Diaconuet al.(2021) fo-
cus on the features of CAS judicial practice. The researchersʼ
work establishes that judicial practice of CAS has changed
considerably since the rst judgement was handed down in
1998. Alongside existing international and national rules,
CAS dispute resolution rules aim to eectively address the
ubiquitous and ever-growing phenomenon of competition.
Against this background, the paper briey describes the cur-
rent legal environment, followed by a chronological detail of
the judgements handed down by CAS.
In this regard, the purpose of this study was to charac-
terise sports arbitration as a key method of dispute resolu-
tion in the eld of sport, as well as to identify the current
challenges faced by Kyrgyzstan in regulating this alternative
method of dispute resolution and to propose eective meth-
ods to address them.
105
A. Kalybaeva et al.
Results
The emergence of arbitration in the eld of sport was caused
by the fact that courts were slow to deal with sporting conicts,
often handing this responsibility over to sports organisations.
As a result, specialised bodies were created, operating under
their own rules. Nevertheless, the real impetus for the devel-
opment of sports arbitration was not so much the formation
of courts to resolve disputes in sport, but rather the desire
of sport itself to have a global system of conict resolution.
CAS was ocially established on 6 April 1983 during
the International Olympic Committee (IOC) session in New
Delhi on the initiative of IOC President Juan Antonio Sa-
maranch and Vice President Kebe Mbaye. Although the IOC
represented the arbitral tribunal as an independent body, the
Swiss Supreme Court, in considering an athlete’s complaint
about the fairness and impartiality of the adjudication of
cases, found that IOCʼs funding of CAS created doubts about
the objectivity of decisions, especially when they involved
the IOC or its aliated organisations (IOC disappointed at
decision of…,2019). On the recommendation of the Swiss
Supreme Court, IOC transformed CAS, making it fully inde-
pendent legally, organisationally, and nancially. This move
rearms CAS as the premier sports justice institution where
arbitration tribunals settle sports disputes. In addition to
CAS, this system includes arbitration tribunals belonging to
both international and national sports federations, as well
as international and national public organisations governing
the global sports movement. Notably, this system of sports
justice has developed and operates independently of the con-
ventional judicial system inherent in each state, as well as
the international courts established by states. The principles
underlying the system are therefore determined solely by a
treaty requiring the agreement of all participants. Problems
arise when it becomes clear that participants do not always
agree with the rules, including voluntary acceptance of CAS
jurisdiction, under which the system operates.
Doubts about the CAS have resulted from frequent re-
course to state courts of general jurisdiction to challenge
its decisions, illustrated by the case of athlete and Olympic
champion Claudia Pechstein, who was subjected to doping
allegations and disqualication by the International Skating
Union (McArdle,2013). The organisations that govern the
global sports and Olympic movement have a negative atti-
tude towards complaints and lawsuits from athletes. Interna-
tional and national sports federations actually force athletes
to accept the condition of mandatory consideration of all
disputes by CAS, refusing to consider the possibility of ap-
pealing to state courts of general jurisdiction. This involves
abandoning the constitutional right of access to justice and
recognising the nality of CAS decisions, which are not sub-
ject to appeal. Although the Court of Arbitration for Sport
(CAS) is often regarded as an international court, it is not
part of the international justice system, which is formed with
the participation of states or based on international law. Ex-
isting international courts established by states, such as the
International Court of Justice (ICJ) of the United Nations or
the European Court of Human Rights (ECHR), full dier-
ent functions (Taran & Hryha, 2024). They act not only as
judicial bodies but also as interstate structures based on the
application of international law. At the same time, it must be
realised that not all athletes and national sports federations
can aord costly litigation. Even if the case is heard by an
ad hoc tribunal in another location, such as the venue of a
sporting event or the Olympic Games, legally the decision is
deemed to have been made in Lausanne.
This was introduced to guarantee the immunity of cases
from the inuence of other national jurisdictions, thereby
ensuring legal stability and uniformity in decision-making.
CAS decisions are nal and can only be appealed in excep-
tional cases, usually involving procedural irregularities, to
the Swiss Federal Court. An example of such an appeal is
the case of José Paolo Guerrero (Arbitrations of CAS in Case
No.2018/A/5546,2018). This ensures procedural and reg-
ulatory consistency in every case before the CAS. It follows
from this fact that CAS aims to ensure its independence in
handling cases (Table1).
Year First consideration Appeal Ad hoc Anti-doping Mediation Total
2019 107 493 00 5 4 609
2020 129 811 00 8 9 957
2021 147 796 115 29 9 996
2022 151 644 112 15 8 830
Total 1.551 7.721 1.161 75 105 9.695
Table 1. Number of cases handled by the Court of Arbitration for Sport
Source: compiled by the authors of this study based on Court of Arbitration for Sport: Statistics (2022)
Administratively, CAS consists of two chambers located
in Lausanne, Switzerland: the General Chamber of the Court
of Arbitration, which acts as the rst instance for the reso-
lution of disputes, and the Appellate Arbitration Chamber,
responsible for hearing appeals in cases previously heard by
other bodies (e.g., sports federations). Furthermore, a CAS
decision can be appealed if prescribed in the CAS statutes
and the Code of International Sports Arbitration (Blackshaw,
2013). The approach to the consideration of each individual
dispute is formed on an individual basis. The CAS Regula-
tions make provision for four main types of procedures:
1.Conventional arbitration, which decides cases as rst
instance, such as commercial disputes involving sponsorship
agreements, broadcasting rights, agents’ and athletes’ contracts;
2. Appellate arbitration, which deals with appeals
against decisions of sporting bodies, compensation for
breaches of contracts and rules, and disciplinary sanctions
and anti-doping rules;
3.An ad hoc procedure used to quickly resolve disputes
during major events such as the Olympic Games or the FIFA
World Cup, allowing a case to be heard within 24 hours of
its ling with CAS;
106
Role and place of sports arbitration in the system of alternative dispute resolution methods
4.Mediation– an alternative dispute resolution meth-
od oered to the parties prior to the arbitration process, al-
though it is rarely used in practice.
Under this procedure, CAS is supposed to act as a medi-
ator, helping the parties to reach an agreement on the best
way to resolve the dispute. CAS provides appropriate recom-
mendations, which have an advisory nature and are not bind-
ing on the parties. CAS rules ensure the condentiality of the
rst instance process, but usually the decisions and outcomes
of cases are made publicly available because of the public
interest and signicance of the disputes. However, in an ap-
peal procedure, the judgement is usually published unless
the parties agree to keep the information condential. Nota-
bly, most participants in the football world prefer to resolve
their conicts according to the statutes and rules established
within the football bodies. An example here is the case of
Real Madrid footballer Pepe attacking a player of the Getafe
team during a Spanish championship match (Pepe consid-
ers future...,2009). The Portuguese was suspended for nine
matches by the Spanish League for his undignied behav-
iour, but did not face criminal or administrative liability, as
is typical of many professional footballers in such situations.
As for the CAS process itself, each party makes an up-
front contribution to cover the costs of their witnesses, ex-
perts, and interpreters. If the expert is invited by a panel
of arbitrators, the costs of the expertʼs services shall be de-
termined by the panel separately. In CAS hearings, it is not
excluded that third parties may be involved, either at the
request of the respondent or on the third partiesʼ own ini-
tiative. However, the basic prerequisite is the existence of
an arbitration agreement between the third party and the
disputing party, as well as the written consent of the parties
to its participation. If the involvement of a third party is
necessary for the case, the defendant should indicate this
in their appeal, providing evidence of the need for involve-
ment. Furthermore, the defendant must send a copy of the
appeal to the alleged third party through the clerkʼs oce
(Blackshaw,2013). The CAS arbitration process typically in-
volves four steps:
written enquiry;
verbal investigation (if necessary by decision of the
arbitral tribunal);
expedited procedure (at the request of the parties,
the rules of which are determined by the arbitrators them-
selves);
decision-making.
The written stage includes, rstly, providing the parties
with a document where they can set out their requests not
included in the statement of claim or response; secondly,
if the circumstances require, a denial and an objection to
the denial by the opposing party. Thereafter, a party may
not submit new requests without the consent of the other
party. During the proceedings, the parties present their ar-
guments that they believe will help prove their case and
also identify witnesses and experts to be questioned. The
oral procedure is a court hearing in which arbitrators lis-
ten to the arguments of the parties, witnesses, and experts
and their presentations, with the defendant appearing after
the plainti (Baturin & Moroz,2024). After the parties have
nished their presentations, the arbitrators shall render a
decision, which shall be made either by majority vote or by
a single vote. The arbitral award must be properly written,
clearly reasoned, dated, and signed, and only one signature
of the presiding ocer of the arbitral tribunal is sucient.
The document shall state the nal amount of court costs as
determined by the administrative service, indicating which
party bears the costs or how the amount is divided between
the parties. The judgement is nal and not subject to appeal,
and its execution is mandatory.
Despite all the above-mentioned advantages of CAS dis-
pute resolution, it is still controversial to limit the absolute
right of citizens to judicial defence prescribed in national
laws. On the one hand, charters and other constituent doc-
uments may establish rules of behaviour for participants in
sports legal relations. Nevertheless, sports organisations are
also members of public associations (e.g., athletics associa-
tions, sports federations), which operate on the territory of
the country following its constitution and laws. Thus, the
best-known sports dispute resolution body in the world is
the Court of Arbitration for Sport in Switzerland. Interna-
tional experience shows that the best approach to the es-
tablishment of such an arbitral tribunal is the establishment
of a specialised non-prot arbitration centre, which acts as
its platform. Considering the specic features of sports rela-
tions, such specialised arbitration can only function eec-
tively within the sports industry itself. The characteristic of
legal relations formed in the context of professional sport is
unique and specic due to regulation according to the stat-
utes and regulations of sports organisations. The key aspects
of professional sport and achievements in this eld at the
national level should be clearly dened by a legislative act
that also regulates the resolution of disputes in these areas
through permanent arbitration.
Discussion
The study of legal issues related to the role and signicance
of sports arbitration in the eld of alternative dispute res-
olution in the Kyrgyz Republic is a signicant topic in the
eld of legal science, which has many aspects that require
in-depth analysis and research. Thus, R.Sroka (2022) ad-
dressed the number of arbitrators present at meetings with
the parties, their active involvement in the meetings, wheth-
er the meetings were held without their participation and
what their role was if they were present. While there is some
agreement with this thesis, the processes and methods of
alternative dispute resolution, including sports arbitration
tribunals, vary in the nature and level of control over the
proceedings or decision-making, the formality of the process
and its formality, and the role of third parties in the hearing
of evidence. The study by V.Nehra(2022) provides a broad-
er overview of court cases, considering them as the imple-
mentation of specic processes into existing practice. This
includes harmonising dierent settlement methods for dif-
ferent scenarios or, more precisely, having the parties con-
sider approaches to selecting a dispute resolution method.
It is worth agreeing that the parties are free to choose their
arbitrators or lawyers to resolve the dispute through arbitra-
tion or litigation, which is fully consistent with the concept
of alternative dispute resolution (Ryskaliyevet al.,2019).
Alternative dispute resolution methods such as ar-
bitration and mediation have been criticised on various
grounds, which will be discussed below. According to A.Du-
val(2022) and S.Fatima(2022), court decisions can serve
as precedents and be of great value to the public. However,
the requirement of condentiality in alternative dispute res-
olution methods denies the public the opportunity to learn
107
Social & Legal Studios, Vol. 7, No.4
of mistakes made or breaches of duty by defendants whose
fault stays hidden from public view. A second criticism of
alternative dispute resolution methods, particularly in the
context of CAS, relates to their deformation and distortion.
According to N.Akhtaretal.(2023), there is a concern that
these new methods, although an important avenue, may lose
their identity and become distorted when integrated into the
conventional justice system. In a movement to reduce pro-
fessionalism in conict resolution, competition between pro-
fessional and non-professional actors has emerged for power
over standards, ethics, certication, and quality assurance.
A criticism of alternative dispute resolution processes is that
they do not, according to some researchers, provide a level
playing eld for negotiation (Nuryshchenko,2024). Accord-
ing to M.Diaconuet al.(2021), alternative dispute resolu-
tion methods are not a suitable platform for those in a sub-
ordinate position. People belonging to certain social classes,
ethnic groups or a particular gender face inequalities when
their cases are heard through alternative procedures, as in-
dependent third parties may be biased and unable to make
neutral judgements (Rexhepiet al.,2024).
In modern world, where litigation can be lengthy and
costly, alternative methods oer parties the opportunity to
resolve disputes quickly and eciently without having to go
through complex and costly court processes. Furthermore,
arbitration and mediation can provide more exible and
personalised dispute resolution, considering the specics of
each case and the needs of the parties. This can lead to fairer
and more satisfactory solutions that are not always possible
through conventional litigation. Thus, despite criticisms, al-
ternative dispute resolution methods have their advantages,
and their use can be an eective tool for achieving justice
and resolving conicts in society. In some cases, alternative
dispute resolution methods may take longer than the conven-
tional court system (Rašljanin,2023). Proceeding from this
thesis, it is worth agreeing that if alternative methods of dis-
pute resolution take longer than litigation, the eectiveness
of this system will be questioned, as their introduction was
intended to save time for the parties among other benets.
H.Xiang(2022) emphasises that as sport develops and social
expectations for sports arbitration increase, CAS mechanisms
and rules are constantly evolving and improving. In paral-
lel, G.Schmidtet al.(2021) suggest that CAS rules will face
a variety of challenges and complexities in the future. The
above positions can be debated, as CAS is currently active-
ly building up experience in arbitration cases and improv-
ing its own processes and rules to meet the needs and pro-
mote the development of international legalisation of sport.
C.L.Goh and J.Anderson(2022) raise the issue of the
signicance of creating a suitable legal framework for the
integration of AI technologies into arbitration dispute reso-
lution. According to J.Waihenya(2022), there is a prospect
that the application of articial intelligence technology can
bring signicant benets to society as a whole. A.Aguset
al. (2023) showed that the implementation of machine
learning technologies can substantially improve the ecien-
cy and quality of the arbitration process. It is worth agreeing
that this helps to ensure the safety and reliability of the ap-
plication of articial intelligence technology in the context
of arbitration dispute resolution, which provides the parties
involved in the arbitration process with the necessary level of
protection. However, the application of articial intelligence
in arbitration procedures also entails a series of challenges
and risks that require attention. These include data security
issues, the need for qualications in the use of articial intel-
ligence, and ethical considerations relating to decision-mak-
ing and its impact on human rights (Horislavska,2023).
T.Shinohara(2023) found that the Court of Arbitration
for Sport can verify compliance with the rules and regulations
governing various sports by anti-discrimination standards
approved by the relevant bodies, considering the interpreta-
tion provided by international human rights organisations.
This may be the case where applicants explicitly point to
these documents as the applicable law in their claims. In
agreement with this view, it should be added that if the par-
ties have not decided on the applicable law, the arbitrators
of the Court of Arbitration for Sport also have the right to
decide for themselves on the application of international hu-
man rights instruments as a normative instrument, if they
deem it appropriate. This aspect underlines the signicance
that the Court of Arbitration for Sport plays in the protection
of human rights in the context of the sporting community.
M.Mahrous and A. Al-Maamari (2022) address the unique
features of the arbitration process conducted by the Court
of Arbitration for Sport, which gives it full jurisdiction over
relations between international sports organisations and ath-
letes, with its decisions being nal and binding on all parties
concerned. However, it is dicult to objectively assess the
extent to which CAS has developed its own body of sub-
stantive law, as this court does not function as an appellate
body with a rigid system of legal priorities, and each of its
decisions is made on the basis of the unique circumstances of
a particular case. This decision-making process, which incor-
porates elements of both civil and common law systems, has
its own degree of subjectivity. The approach taken by CAS
aims to prevent suspicions of unfairness by applying a com-
promise approach that considers the policies of national gov-
ernments and their judicial systems. This approach is directly
related to the fact that the principles recognised by CAS are
consistent with the generally recognised principle of fairness.
In conclusion, the CAS stands as a vital institution in the
realm of sports, providing an impartial and qualied forum
for resolving disputes. Its steadfast dedication to fairness
and justice has had a profound impact on sports governance
and legal frameworks. By safeguarding the spirit of sporting
competition and integrity, the CAS oers athletes and or-
ganizations a dependable mechanism for conict resolution.
With its specialized composition of arbitrators and extensive
jurisdiction, the CAS remains a cornerstone in ensuring a lev-
el playing eld and upholding the principles of transparency
and fairness in sports. As the sports industry continues to
evolve and become increasingly complex, the CAS will con-
tinue to be at the forefront of resolving disputes and main-
taining integrity in sporting events. His constant adherence to
the principles of fairness and neutrality, as well as its exten-
sive experience, provides a robust dispute resolution mecha-
nism for athletes and stakeholders, while upholding the core
values of sporting etiquette. In fact, CAS acts as a catalyst for
equality in the dynamic arena of sports law, fostering an at-
mosphere of trust and responsibility among all participants.
Conclusions
In modern sports arbitration, the fundamental principles
associated with arbitration must be adhered to. Among
such principles, it is essential to consider the condition of
voluntary consent of the parties to submit the dispute to
108
Role and place of sports arbitration in the system of alternative dispute resolution methods
arbitration. If there is no such consent, the case cannot be
heard before a sports tribunal. In the world of sport today,
the conventional view of an arbitration agreement as a spe-
cial document signed by both parties has been replaced by
what is known as an “exclusive” arbitration agreement. This
represents a kind of “caveat” included in the corporate (reg-
ulatory) norms adopted by both international and national
sports federations. In fact, athletes lose the opportunity to
take part in competitions held under the auspices of the rel-
evant federation if they do not agree to have disputes arising
heard by a specialised sports arbitration tribunal.
The modern sporting context is dominated by interna-
tional sports organisations and CAS, which has the power to
try athletes without their consent. CAS is currently the most
authoritative and professional independent arbitration body
authorised to resolve disputes of a diverse nature arising not
only in the eld of sport, but also in any other activity re-
lated to it. A court dedicated to resolving disputes in the
eld of sport has certain unique characteristics. Apart from
the conventional advantages that make arbitrations attrac-
tive, such as cost-eectiveness, speed of resolution, review
of the dispute by a professional participant in the relevant
relationship, one of the key functions of CAS is to provide legal
advice on matters not directly related to dispute resolution.
Since its inception, CAS has gained the recognition and
trust of the international sporting community. Although it
is a non-state dispute resolution body, its eectiveness is
evident in its prompt and competent handling of cases and
fair judgements. Legal relations in the sphere of professional
sport have unique features, as they are regulated according
to the charters and rules of sports organisations. In this re-
gard, the establishment of a specialised arbitration centre in
Kyrgyzstan, a permanently functioning court in the eld of
sport, is appropriate. It is necessary to develop a legislative
act that will dene the main aspects of professional sport
and high-level sports activities at the national level, includ-
ing the regulation of dispute resolution procedures in these
areas using permanent arbitration.
Acknowledgements
None.
Conict of interest
None.
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Role and place of sports arbitration in the system of alternative dispute resolution methods
Роль і місце спортивного арбітражу
в системі альтернативних способів вирішення спорів
Алія Калибаєва
Доктор юридичних наук, професор
Киргизький національний університет імені Юсупа Баласагина
720033, вул. Фрунзе, 547, м. Бішкек, Киргизька Республіка
https://orcid.org/0000-0002-3697-2560
Чинара Туратбекова
Доктор юридичних наук, професор
Киргизько-російський слов’янський університет
720000, вул. Київська, 44, м. Бішкек, Киргизька Республіка
https://orcid.org/0009-0009-4640-3028
Галина Шин
Кандидат юридичних наук
Ошський міський суд
723500, вул. Леніна, 318А, м. Ош, Киргизька Республіка
https://orcid.org/0009-0003-9944-8138
Анотація. Актуальність цього дослідження зумовлена тим, що інститут спортивного арбітражу посідає ключове
місце у забезпеченні ефективного та справедливого вирішення спорів між учасниками спортивної діяльності.
Метою цього дослідження був огляд історії становлення та розвитку, а також значення Спортивного арбітражного
суду та його практики, з прогнозом розвитку аналогічних інституцій у Киргизстані. У дослідженні використано
герменевтичний, інституційний, формально-юридичний методи, метод аналізу. У дослідженні висвітлено
особливості правового розвитку Спортивного арбітражного суду (САС) та сучасні проблеми його функціонування.
Узагальнений висновок полягав в тому, що для ефективного вирішення спорів у сфері спорту в Киргизстані
необхідно розвивати спеціалізовані арбітражні інституції. Процедурні аспекти вирішення спорів були досліджені
на прикладі Спортивного арбітражного суду (CAS). Хоча CAS часто розглядається як міжнародний суд, він не є
частиною міжнародної системи правосуддя, яка формується за участю держав або ґрунтується на міжнародному
праві. У дослідженні було проаналізовано існуючі точки зору та думки, висловлені науковцями з цього питання.
Аналіз різних підходів допоміг зрозуміти складність цього питання та розглянути можливі шляхи вдосконалення
процедури розгляду спортивних спорів спеціалізованим арбітражним судом у Киргизстані. Результати
дослідження можуть становити інтерес для розробки ефективного законодавства, спрямованого на регулювання
діяльності спеціалізованих третейських судів у сфері спорту в Киргизстані
Ключові слова: міжнародний комерційний суд; законодавство Киргизстану; медіація; спортивне право;
Спортивний арбітражний суд
