International Sports Dispute Resolution (LAWS90310)

Sports law has developed tremendously since the institution of modern sports in the late 19th century, and more appreciably in the past decades with the growth of sports professionalism and commercialisation. Sport law has developed into a highly complex discipline of law that is influenced by other significant areas of law, such as corporate law, competition law and human rights law. Sports law is increasingly being recognised a distinct subject in the field of law with its complexity and unique sets of regulation and jurisprudence.  

Many sports governing bodies have created their own adjudicatory bodies to resolve disputes between the sports organisation and its members or disputes between members internally. For example, the Fédération Internationale de Football Association (FIFA) has its internal tribunal for football disputes (FIFA Football Tribunal), while the International Basketball Federation (FIBA) instituted a sport-specific arbitration tribunal (Basketball Arbitral Tribunal) to adjudicate certain disputes therein. Sports organisations can, among other things, decide on the procedural rules and the appeal procedure, including whether a sports organisation’s decision can be appealed before the Court of Arbitration for Sport (CAS). 

This subject will explore sports dispute resolution mechanisms and forums at both the national and international level, the differences between internal tribunals and arbitration, and the challenge of sports-related disputes before domestic and international courts. An increasing number of sports-related disputes have been referred to and been adjudicated before the European Court of Human Rights and European Court of Justice, amongst other high judicial bodies. The subject will empower students with substantial knowledge and extensive skills in this area, which will enable them to work in this field professionally and academically. 

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Examine in detail the complex ecosystem of sports dispute mechanisms at both national and international level.
• Evaluate and compare the procedural nuances of different sports dispute resolution methods and forums.
• Assess the significance of national dispute resolution forums in the international sports landscape.
• Apply sports arbitration rules and procedures, including legal recourse to domestic courts, and appraise substantive and procedural laws in sports dispute resolution.
• Independently investigate legal issues in sports dispute resolution by researching and analysing existing and emerging legal issues and critiquing legal frameworks and regulatory practices in both international and Australian contexts.

Generic skills

• A capacity to engage in critical thinking, evaluation and independent thought at both abstract and practical levels;
• Apply scholarly and ethical thinking to personal and academic conduct and engage in rigorous and respectful debate;
• Applied research skills, including the ability to identify issues, research and synthesise legal information and present it accurately and effectively;
• Communicate effectively, in oral and written forms;
• Work collaboratively and productively in groups.