The Dilemma of Arbitration Settlement of Composite Sports Disputes and Its Resolution
Article 92 of the Sports Law defines the scope of sports arbitration in a manner of"positive listing and negative exclusion",highlighting the special nature of sports autonomy and establishing the boundaries between sports arbitration and commercial or labor arbitration,thereby providing a legal basis for the jurisdiction of sports arbitration.However,it is unable to facilitate the rapid resolution of composite sports disputes.Such disputes,due to their diverse subjects and varied nature,lead to practical dilemmas such as the challenge of dispute characterization,limited jurisdiction in sports arbitration,and varying decisions for similar cases.By clarifying the nature of composite sports disputes,respecting the autonomy of the parties involved,and considering the unique aspects of sports industry governance,these challenges can be addressed.Concurrently,sports arbitration institutions may establish the joint arbitration with commercial arbitration institutions and/or labor arbitration institutions,based on the parties'autonomy,to handle all sports-related disputes.This approach not only emphasizes the uniqueness of sports arbitration,but also integrates the strengths of commercial and labor arbitration,which would contribute to the development of China's sports arbitration institutions and the improvement of sports arbitration system.
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维普
