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Issue Info: 
  • Year: 

    2025
  • Volume: 

    55
  • Issue: 

    3
  • Pages: 

    2225-2251
Measures: 
  • Citations: 

    0
  • Views: 

    4
  • Downloads: 

    0
Abstract: 

Match-fixing destroys the most fundamental aspect of sports which is the "unpredictability" of the outcome of the game. The spread of this phenomenon and its entanglement with gambling and irregular betting has doubled the need to deal with it in a comprehensive way and with the cooperation of stakeholders. This article, with the method of content analysis, intends to deal with the Jurisprudence and judicial policy of the Court of Arbitration for Sport as one of the main pillars of international sports law in combating this phenomenon. This article aimes to provide an accurate evaluation of the rules on this subject and to answer the question whether the the Court of Arbitration for Sport, has created an effective solution to "match-Fixing" in light of the international instruments on corruption. The final evaluation indicates that the jurisprudence of the court has provided effective solutions for combating this phenomenon, but in terms  of preventing it, it seems that it has not yet been able to be effective and useful.

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Author(s): 

Ahmadian Fard Sepideh

Journal: 

LEGAL CIVILIZATION

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    23
  • Pages: 

    555-570
Measures: 
  • Citations: 

    0
  • Views: 

    30
  • Downloads: 

    0
Abstract: 

As the main body for resolving sports disputes, the Court of Arbitration for Sport issues rulings that have profound effects on global and national sports. However, the enforcement of CAS awards at the national level faces challenges, including conflicts with domestic laws, judicial limitations, and resistance from sports federations. In this study, using a qualitative method, authoritative legal sources, international documents, and judicial procedures have been analysed. The findings show that differences in legal systems, especially in countries with customary and civil law systems, as well as governance issues, make it difficult to enforce decisions This could lead to violations of the principles of sports justice and athletes' rights. The study suggests that new international treaties be developed to make the implementation of the Court of Arbitration for Sport's decisions binding, coordination with national laws be strengthened, and regional sports bodies play a more active role. The International Olympic Committee and world federations should also establish monitoring mechanisms. The need for legal reforms to ensure fair implementation of decisions and protect the rights of athletes has been highlighted. This research contributes to the legal discourse on the balance between the autonomy of sports institutions and national legal requirements

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Author(s): 

Masoudi Lamraski Ali

Journal: 

LEGAL RESEARCH

Issue Info: 
  • Year: 

    2022
  • Volume: 

    25
  • Issue: 

    97
  • Pages: 

    395-420
Measures: 
  • Citations: 

    0
  • Views: 

    76
  • Downloads: 

    0
Abstract: 

The CAS which was established by the International Olympic Committee with the idea of becoming the “, Hague Court for Sport”,in 1984, is now around 600 cases per year. As its founders had intended, CAS has gone through the path of becoming a global institution, the judgments of which the international community of sport can rely on. The structure and rules of proceedings of the CAS has been amended several times during the past 4 decades of its existence, nonetheless, issues related to the principle of fair trial, including compulsory jurisdiction of the CAS, holding proceedings in public and most importantly independence and impartiality has always been amongst the challenges confronted by the CAS. By briefly addressing the basis of the need to apply the procedural safeguards by the Court of Arbitration for Sports in its proceedings, this essay analyzes the extent to which these safeguards are applied by the Court and concludes that there exists serious shortcomings with regards to the application of these rights by the Court.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    5
  • Issue: 

    2
  • Pages: 

    1-11
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

Purpose: Sports tournaments are now massive events watched by millions of people all over the globe. The Court of Arbitration for Sport (CAS) is an institution independent of any sports organization that provides services to facilitate the resolution of sports-related disputes through arbitration or mediation using procedural rules tailored to the unique needs of the sports world. In this paper, the author has attempted to look into and determine the reason of the outcomes of the votes made by this institution, taking into account the significance of the CAS on sports in the Islamic Republic of Iran. Methods: The court rulings involving Iranian athletes have been particularly analyzed in this article, with a focus on the rulings that helped Iranian athletes win. The textual content analysis approach was used in this investigation. For examining various communications, including ideas, interviews, documents, observations, and written texts, content analysis is a useful and effective method.Results: The current research studied and analyzed judgements made by the CAS on matters involving Iranian sports. Despite the fact that fewer than 25% of the lawsuits involving Iranian parties ended with a win for that side, the data revealed that there were indications of Iranian cases failing even in this small proportion.Conclusion: The Iranian side usually realizes that the other side is right and has a small likelihood of winning, therefore simply complains to the CAS to purchase time, which is one of the key reasons why Iran's cases before the CAS fail

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    4
  • Issue: 

    3 (15)
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    529
  • Downloads: 

    0
Abstract: 

significant development of sport in recent decades and its emergence as a huge industry, Leads to complexity of Legal issues in sport. Regarding its unique characteristics, sport has some special rules that make it eminent and distinguished from the other laws and courts. Since the midst of 1970s, mediation has been established by using noncriminal ways to resolve disputes and influenced the criminal justice system. Mediation in sports courts is a kind of benefit in which both sides resolve their disputes through deliberation without attending in a formal court. The court of arbitration for sport has been established by using this approach to provide a fast and low cost method to resolve disputes in the field of sport. This article is addressing introduction and explanation of mediation and its benefits in the field of sports.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    41
  • Issue: 

    76
  • Pages: 

    55-80
Measures: 
  • Citations: 

    0
  • Views: 

    24
  • Downloads: 

    0
Abstract: 

Extended AbstractThe issue of doping in sports continues to provoke debate and significantly influences the spirit of fair play and equity in athletic competitions. While remarkable advancements have been made in the anti-doping framework through the establishment of the World Anti-Doping Agency, and the implementation of the World Anti-Doping Code, the principle of strict liability stands as a key legal foundation of the anti-doping system.The relentless pursuit of victory among professional athletes often drives some to breach anti-doping regulations. The utilization of performance-enhancing substances and methods has stirred controversy throughout the history of sports, with its origins tracing back to ancient times. Modern advancements have only intensified the complexity of doping practices, as exemplified by the emergence of blood and gene doping techniques. In response to these growing concerns, the international sports law community has collaborated to create a comprehensive global system to address the issue.Athletes who resort to these prohibited substances and methods not only jeopardize their physical and mental well-being, but also gain an unfair edge over their competitors. This, in turn, threatens the integrity of sports and the core values they represent, including ethical conduct, fair play, honesty, well-being, excellence, education, camaraderie, and teamwork.Given these concerns, it is crucial for anti-doping organizations, sports governing bodies, and national and international federations to enforce stringent regulations aimed at deterring the use of such substances and methods by athletes. Adopting a stance of strict liability in doping cases is vital for ensuring that anti-doping agencies and arbitration institutions can maintain order, uphold justice, and preserve the spirit of fair competition. The realm of doping in sports encompasses two main categories of athletes who test positive for banned substances: those who intentionally use performance-enhancing drugs to gain a competitive edge, and those who inadvertently ingest such substances due to negligence or carelessness. Despite these distinctions, the principle of strict liability within anti-doping regulations treats both categories equally in establishing a violation, leading to a polarized debate among experts and stakeholders.Proponents of strict liability argue that its implementation is essential to maintain order and efficacy within the anti-doping system. In contrast, opponents contend that athletes who are not at fault should not face punishment, as strict liability inherently conflicts with the tenets of natural justice. Notably, athletes who can demonstrate a lack of fault or negligence in their doping violation may be eligible for a reduced suspension period, theoretically addressing some criticisms of the principle.Despite its imperfections, the legal framework of the anti-doping system must, much like other legal systems, contend with inherent challenges. The value of strict liability lies not in its implementation alone, but in its capacity to fill a void that would otherwise exist, given the near impossibility of proving an athlete's intentional doping in its absence. Consequently, the principle of strict liability remains a necessary and inevitable component of the anti-doping system.An analysis of the Court of Arbitration for Sport's jurisprudence and relevant case studies indicates that the principle of strict liability has become firmly established in disciplinary cases, particularly those concerning anti-doping violations. This article employs the descriptive-analytical method to explore the concept of doping, general notion of strict liability, and the Court of Arbitration for Sport in its preliminary discussions. The Article delves into strict liability's application to athletes, the intricacies of establishing violations, and the potential for reduced sanctions under exceptional circumstances. Notably, this research addresses a gap in Persian-language literature, as no prior source has specifically examined strict liability concerning doping by athletes.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    4
  • Issue: 

    2 (پیاپی 14)
  • Pages: 

    57-78
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

Due to the rapid expansion of the sports industry and the increasing financial and legal disputes arising from sports activities, alternative dispute resolution methods—especially mediation—have gained significant attention as an innovative and effective approach. This study examines the effectiveness of mediation in resolving sports disputes within the framework of the Court of Arbitration for Sport. The primary objective is to determine whether mediation can reduce resolution time and legal costs while integrating successful international practices to enhance domestic legal frameworks. Employing a descriptive-analytical approach and documentary research, updated data were analyzed. Findings indicate that mediation, compared to traditional judicial processes, significantly accelerates dispute resolution, reduces legal expenses, and preserves confidentiality. A comparative analysis with international jurisprudence like, Common law and Romano-Germanic Law systems, reveals both strengths and weaknesses, suggesting that successful international experiences can be adapted to improve Iran’s legal procedures. Accordingly, recommendations such as updating mediation laws, mandating mediation clauses in sports contracts, and organizing specialized training programs are proposed.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    31-47
Measures: 
  • Citations: 

    0
  • Views: 

    16
  • Downloads: 

    0
Abstract: 

The use of doping to gain an advantage over other athletes unfairly eliminates competitors from the field and deprives spectators of the fair competition they have the right to watch. Doping is a dangerous motivator for athletes, especially women, because doping disrupts their hormonal balance, which can lead to illness. In the following article, the performance of the Court of Arbitration for Sport and the European Court of Human Rights in combating doping in female athletes is examined using a descriptive-analytical method. The present article has shown that despite the Court of Arbitration for Sport and the European Court of Human Rights’ efforts to correctly interpret the European Convention on Human Rights in order to promote fundamental rights and freedoms, especially as can be seen from Article 8 of that Convention, there is still a need to review the domestic laws of states in order to reduce the volume of lawsuits and create a stronger legal framework to prevent doping by female athletes. This is because the use of doping in female athletes affects their pregnancy, health, and even their lives due to the severe hormonal effects it has.

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Author(s): 

JONEYDI L.

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    38
  • Issue: 

    2
  • Pages: 

    69-95
Measures: 
  • Citations: 

    0
  • Views: 

    2213
  • Downloads: 

    0
Abstract: 

One of the complicated debates in international commercial arbitration law is the matter of judicial competence for examination of challenge over arbitral awards and annulment proceedings. In the first part of this essay, I have tried to clarify that judicial competence on annulment proceedings is limited to national or domestic arbitral awards and then, to give main criteria for determination of nationality of arbitral awards based on their popularity and acceptance in the world. Incompatibility among the said criteria, specially the two main criteria i.e. criterion of place of issuance of the award and criterion of law of procedure, have caused undesirable effects like positive and negative conflict of jurisdictions over challenge proceedings. This problem and relative solutions for decreasing the indicated effects are studied in the second part of the essay.

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Journal: 

CULMINATION OF LOW

Issue Info: 
  • Year: 

    2024
  • Volume: 

    9
  • Issue: 

    4
  • Pages: 

    213-247
Measures: 
  • Citations: 

    0
  • Views: 

    75
  • Downloads: 

    16
Abstract: 

Judicial supervision is considered as integral part of the arbitration process, which is theoretically a rule derived from the principle of competence- competence. This rule means that the supervising court, regardless of the decision of the previous court at the time of the arbitration hearing, Supervises public jurisdiction by considering the contract and the arbitral award. Given that the relationship between arbitration and the court in all legal systems has raised many issues that the law is not explicit about, it seems necessary to examine the scope and effects of court supervision of this relationship in terms of competence. Therefore, the present article, which examines the analysis of court supervision of arbitration competence, seeks to answer the question of what is the position of court oversight in terms of formation, scope and effects? The findings of this study indicate that, in order to exercise court supervision, the existence of some conditions and the absence of obstacles are necessary. In the supervisory phase, in addition to controlling the general competence, the court is also responsible for appointing the competent arbitral tribunal, and despite the legislator's silence, the court supervision also includes the annulment of the arbitrator's incompetence. In the case of supervision, according to the principle of competence- competence, the court can also enforce the annulled judgement in another country and consider the annulment judgement to have a territorial effect. The effects of the court's supervision on the annulment case are mainly reflected in the presumption of annulment of competence judgement.

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