Conflict and Optimization of the Negative Effect of the Principle of Competence-Competence in Sports Arbitration in China
The negative effect of the Principle of Competence-Competence emphasizes that the courts respect the consent to arbitration and to affirm the primacy of the arbitral tribunal's decision on jurisdictional challenges,in line with the requirements of the autonomy of the sports arbitration industry,the specificity of its scope and the efficiency of its procedures.The newly revised China's Sports Law has constructed a framework for the sports arbitration system,but it has not yet clarified the authority to decide on jurisdictional challenges to sports arbitration,which may result in a conflict in the distribution of power between courts and arbitral tribunals in the practice of sports arbitration.Based on the comparative research method to analyze the application of the negative effect of the Principle of Competence-Competence in sports arbitration in different countries,it is suggested that China should affirm the negative effect of the principle of discretionary jurisdiction in sports arbitration in the relevant laws,define the attribution of the power of jurisdiction in in sports arbitration by dividing the types of the basis of sports arbitration;and clarify the scope of the court's review and delineate the boundary between sports arbitration and judicial review in terms of the dimensions of time and effectiveness.
sports arbitrationthe Principle of Competence-Competencenegative effectsports lawSports Autonomy
万方数据
维普
