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Court of Arbitration for Sport and the Role of National Courts in Resolving International Sports Disputes in the Light of Mutual Reasoning
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| Author:
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FARZAD KARIMI KHANJARI, HAMID DADGAR
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| Abstract:
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The Court of Arbitration for Sport, as one of the international courts, has a key role to play in resolving sports disputes. Although this court took an important step in maintaining peace and tolerance between different sports nationalities. But some disadvantages such as cost, time consuming, etc. have always been exposed to criticism and sometimes have resulted in the reluctance of some parties to refer the dispute to this court. Therefore, the establishment of a national sports court in the light of domestic law can alleviate a large part of these problems. In this case, domestic players and coaches and, if desired, even foreign coaches and players can refer to this court to resolve their disputes. Of course, in dealing with these disputes, the national court may not be the only one, in the meantime, the dispute can be resolved with the cooperation of the Court of Arbitration for Sport (CAS). Therefore, in this article, with a descriptive-analytical method and with library tools, we will try to study the working proceures of forming this national arbitration body in mutual cooperation with the Court of Arbitration for Sport. In the meantime, a thorough knowledge of the Court of Arbitration for Sport seems necessary in forming a similar national court. The results of the research show that the Iranian legal system has the necessary capacity to establish such a court, but in terms of laws and regulations, it may face problems; it seems that the adoption of such specialized regulations in the form of international sports law can make it possible.
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| Keyword:
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Sports Arbitration Court, National Sports Court, International Disputes, Mutual Reasoning
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| EOI:
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| DOI:
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https://doi.org/10.31838/ijpr/2021.13.01.768
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| Download:
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