Author: Ian Blackshaw
Publisher: T.M.C. Asser Press
ISBN: 9789067041461
Category : Law
Languages : en
Pages : 344
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Book Description
I am very pleased to welcome this book by Ian Blackshaw, a widely experienced and recognised International Sports Lawyer, on the extra-judicial settlement of sports disputes through mediation. This process is proving to be an effective alternative form of settling disputes in general and those related to sport in particular. Its growing importance in the sporting arena has been recognised and reflected by the introduction in 1999 of a Mediation Service by the Court of Arbitration for Sport. As the author points out, mediation can be used successfully in a wide range of sports disputes, including an increasing number of commercial and financial ones. Butitseffectivenessdependsonthewillingnessofthepartiesindisputetocomp- mise and reach creative and amicable solutions in their own interests and also those of sport. Thisbookwill,Iamsure,quicklyestablishitselfandprovetobeausefultoolforall those wishing to learn about and take full advantage of this modern, flexible and effective way of resolving sports disputes, at the national and international levels, as sport continues to develop and expand globally.
Author: Ian Blackshaw
Publisher: T.M.C. Asser Press
ISBN: 9789067045353
Category : Law
Languages : en
Pages : 0
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Book Description
With a Foreword by Judge Keba Mbaye, President of the International Council for the Arbitration of Sport and the Court of Arbitration for Sport This is the first book to explore extra-judicial settlement of sports disputes through mediation. It reflects the growing interest in and importance of alternative dispute resolution methods for settling sports-related disputes, at national and international levels. As sport has developed in recent years into a global business, the number of disputes has risen exponentially and the need for alternative forms of dispute resolution has grown significantly too. Mediation can be used successfully in a wide range of sports disputes, including an increasing number of commercial and financial ones. But its effectiveness depends on the willingness of the parties in dispute to compromise and reach creative and amicable solutions in their own interests and also those of sport. This book adopts an essentially practical approach, but also provides an explanation of the theoretical background to the subject and contains a wide-ranging set of relevant and useful texts and documentation. A useful tool for all those concerned with the effective and amicable resolution of sports disputes, including sports governing bodies and administrators, marketeers, event managers, sponsors, merchandisers, hospitality providers, sports advertising agencies, broadcasters, and legal advisers.
Author:
Publisher:
ISBN: 9789067045360
Category :
Languages : en
Pages : 344
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Book Description
Author: Ian S. Blackshaw
Publisher: T.M.C. Asser Press
ISBN: 9789067046466
Category : Law
Languages : en
Pages : 578
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Book Description
It is a pleasure to write this Foreword to the second, expanded edition of Ian Blackshaw’s well-respected book on the extra-judicial settlement of sports disputes through mediation and arbitration. Prof Blackshaw is a master of his subject who explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level. As I have written elsewhere, “[t]he unique investment of competitive egos, emotions, expec- tions, and money in international sports almost guarantees a dividend of highly charged disputes.... . [and] [t]he structure for resolving them is complex. ” Dispute resolution, is one of the most critical issues which overshadow the sports arena. As Prof Blackshaw rightly points out however, ADR is “not a panacea” for settling all kinds of sports disputes, and so the role of the courts must not be underestimated. This is true in both Europe and the United States of America, where I practice and teach international sports law. The expanded version of this book includes a more in-depth study of the functions and role of the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, and also a review of the contribution of CAS to an emerging so-called ‘Lex Sportiva’.
Author: Ian S. Blackshaw
Publisher: T.M.C. Asser Press
ISBN: 9789067046459
Category : Law
Languages : en
Pages : 0
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Book Description
It is a pleasure to write this Foreword to the second, expanded edition of Ian Blackshaw’s well-respected book on the extra-judicial settlement of sports disputes through mediation and arbitration. Prof Blackshaw is a master of his subject who explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level. As I have written elsewhere, “[t]he unique investment of competitive egos, emotions, expec- tions, and money in international sports almost guarantees a dividend of highly charged disputes.... . [and] [t]he structure for resolving them is complex. ” Dispute resolution, is one of the most critical issues which overshadow the sports arena. As Prof Blackshaw rightly points out however, ADR is “not a panacea” for settling all kinds of sports disputes, and so the role of the courts must not be underestimated. This is true in both Europe and the United States of America, where I practice and teach international sports law. The expanded version of this book includes a more in-depth study of the functions and role of the Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, and also a review of the contribution of CAS to an emerging so-called ‘Lex Sportiva’.
Author: David McArdle
Publisher: Routledge
ISBN: 1136479414
Category : Law
Languages : en
Pages : 209
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Book Description
An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9041132244
Category : Law
Languages : en
Pages : 538
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Book Description
"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Author: Bishwa Kallyan Dash
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Sports dispute settlement have taken a huge momentum through mediation to resolve multilateral conflicts in the field of sports at this present time. Despite the fact that, when sports disputes are being tried as a means of settlement of disputes, it shows multi-faceted results which is one of the key elements of decision making process for going into mediation as a recourse or not. In mediation: an impartial third party a trained mediator-works to try to help disputants find common ground and end their impasse which when approximated with the economic front of sports, it becomes all the more a welcoming step for taking recourse of. This paper looks into the possible measures of taking mediation as a means of sports dispute settlement providing an early remedy before ditching into and entrenched grievances.
Author: Nafziger, James A.R.
Publisher: Edward Elgar Publishing
ISBN: 1839108614
Category : Law
Languages : en
Pages : 720
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Book Description
The second edition of this comprehensive Handbook presents new and significantly revised chapters by leading scholars and practitioners in the burgeoning field of international sports law. National, regional and comparative dimensions of sports law are emphasized throughout, exploring a wide range of issues emerging in sports law today.
Author: James A. R. Nafziger
Publisher: Edward Elgar Publishing
ISBN: 0857936301
Category : Law
Languages : en
Pages : 585
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Book Description
Despite taking a wide variety of forms, sport is universal. Circumstances and events generating legal issues in sport are similarly universal, but sport operates under many legal systems worldwide. Fragmentation and inconsistency in legal outcomes often result. This innovative collection of essays by leading scholars of sports law addresses a gap in the literature. It advances understanding of how different legal systems respond to common issues and offers insights into the developing international system of sports law. Researchers will find this book of inescapable assistance and interest. Hayden Opie, Melbourne Law School, Australia Nafziger and Ross have provided an enormously useful collection of incisive and integrating essays that cover the gamut of important issues in the emerging field of international sport law. Andrew Zimbalist, Smith College, US This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law. The authors address significant legal issues on two gradually converging tracks: the mainstream institutional framework of the law, primarily the International Olympic Committee, international sports federations, regional and national sports authority, and the Court of Arbitration for Sport; and the commercial sports industry. Topics include the institutional structure; fundamental issues, legal principles and decisions within those institutions; mediation, arbitration and litigation of disputes; doping, gambling and the expanding use of technology in competition; athlete eligibility requirements; discrimination; and protection of athletes. The book also covers a broad range of commercial issues related to competition law and labor markets; media, image, and intellectual property rights; event sponsorships; and players' agents. Comparative analyses of young sports models and practices in North America, Europe and elsewhere supplement the general theme of international sports law. This major collection of essays on some of the most controversial, cutting-edge issues in international sports law, will be a captivating read for academics and students of sports law, sports management, international law and comparative law, as well as practicing lawyers and players agents. Senior executives and other professionals in the sports industry will also find much to interest them in this well-documented Handbook.
