NAVIGATING LEGAL BOUNDARIES: THE ROLE OF ARBITRATION IN RESOLVING DISPUTES IN SPORTS LAW BY - DIVYA SHEKHAWAT & TANYA MATHUR

NAVIGATING LEGAL BOUNDARIES: THE ROLE OF ARBITRATION IN RESOLVING DISPUTES IN SPORTS LAW
 
AUTHORED BY - DIVYA SHEKHAWAT[1] & TANYA MATHUR[2]
 
 
I.                   INTRODUCTION
Throughout history, people have played games since the beginning of time. From the beginning of civilization to now, sports have gone from simple ways to have fun to a global business that makes up more than 3% of all trade globally. More than 420,000 people work in sports in the UK, making it one of the biggest industries in the world in terms of income.[3] The link between law and sports is becoming more and more complicated these days. One way to better understand this connection is to look at the history of it.
 
Ethical decision-making is integral to both sports and sports law. Conflicts will arise, especially concerning team selection, eligibility, and preceding significant events such as the Olympic Games.[4] Sport-specific independent arbitration is hearing more such disputes. The benefits of sport-specific independent arbitration are well known. Sports legal frameworks begin with a clear description of sports.[5] Sports disputes include contract disputes between athletes, coaches, teams, and sponsors, eligibility disputes, competition disputes, governance disputes, sponsorship disputes, commercial disputes, issues related to agency, sex discrimination, privacy rights, defamation, taxation, and more. The paper will address how international organizations must resolve these disputes.
 
Sports law doesn't pertain solely to the regulations of games and sports. Instead, it focuses on establishing efficient and prompt methods for resolving disputes within the realm of sports, ensuring effective remedies for all involved parties.[6] Hence, it is natural to inquire: What is the most effective approach to address these matters? Should we opt for the conventional route involving the courts, or should we consider modern alternatives such as utilizing some form of alternative dispute resolution (ADR) method?[7] The English courts have historically recognized that sports-related disputes are more effectively managed internally, ideally through quasi-independent, arbitration-based disciplinary systems. Indeed, sports serve as a notable illustration of the advantages of alternative dispute resolution (ADR) compared to judicial proceedings.[8]
 
 Technology in sports arbitration is discussed in the article. This paper discusses how the COVID-19 pandemic has changed dispute resolution to online. It also examines sports disputes and arbitration. It also illuminates India's sports dispute resolution situation.
 
II.               DEVELOPMENT OF SPORTS ARBITRATION
 There exist numerous institutions dedicated to handling the intricate law of arbitration, including nationally constituted sports organizations, “international sports federations (IFs),” the “International Olympic Committee (IOC),” “National Olympic Committees (NOCs),” the “International Council of Arbitration for Sport (ICAS),” and the “Court of Arbitration for Sports (CAS),” as well as elsewhere in the region established bodies[9]. The most prominent and globally acknowledged ones are the “International Council of Arbitration for Sport (ICAS)” and its sanction-reviewing entity, the “Court of Arbitration for Sport (CAS),” established by the CAS Statute of 1984 and further developed under the 1994 reform of the ICAS to oversee the management and financing of CAS. CAS deals with various critical matters such as ensuring adequate protection for individual athletes during drug testing, resolving contract disputes between athletes and sports organizations, determining athlete suspension and eligibility, establishing athlete nationality for competition purposes, and validating contracts for selling sports equipment.[10] CAS is renowned for its independent and impartial arbitration process, which is subject to challenge in case of any legitimate doubts.[11]
 
In India, disputes of this nature can be taken to the courts, although this route is arduous and time-consuming. The Indian Olympic Association established the Indian Court of Arbitration for Sports in 2011 under the leadership of “HMJ (Retd.) Dr A.R. Lakshmanan” and seven other members.[12] However, reports indicate that this particular board has not made significant progress.[13] Recently, the government inaugurated the “Sports Arbitration Centre of India (SACI) 2021”[14], with the Ministry of Law and Justice offering essential legal support. Before this development, India lacked a legal framework to address sensitive legal issues related to sports.[15] All problems had to go through either the court's litigation system or international arbitration mechanisms, which were found to be quite expensive. The issue of its legal enforceability has always been a matter of debate. India has the Arbitration and Conciliation Act of 1996, which allows for the challenge of any foreign award in Indian Courts under Section 34.
 
III.           TYPES OF SPORTS DISPUTES
As stated in its Code, the Court of Arbitration for Sports can settle sports-related disputes, whether directly or indirectly, if there is a valid arbitration agreement between the parties involved. In a significant case involving “Raquz v. Sullivan,”[16] where two Australian athletes were involved, the Australian court ruled that it lacked jurisdiction over the arbitral agreement as it was considered 'foreign.' In contrast, it would have jurisdiction over a 'domestic' arbitral agreement and vice versa. Additionally, any individual or organization associated with sports-related activities, such as the BCCI in India, can seek recourse from this court.
 
Sports Disputes can be broadly divided into two categories:
Ø  Commercial Disputes:  Swiss law typically handles disputes related to contractual agreements, broadcasting rights, licensing, merchandising, and commercial agency relationships. It also covers civil liability issues like athlete accidents. Unless otherwise specified, these disputes are governed by Swiss law.
Ø  Disciplinary Disputes:  The CAS is a court of appeal for athletes facing disciplinary action from sports authorities, addressing issues like doping, racism, violence, and ethical disagreements. However, cases can only be considered if there is an international arbitration agreement and athletes have exhausted domestic remedies. The appeal process can challenge decisions made by federations or clubs.[17]
 
Case laws related to  Sports Dispute Resolution
Ø  ICC Development (International) Ltd. v. Arvee Enterprises & Anr[18]
Ø  ICC Development (International) Ltd. v. Ever Green Service Station & Anr.[19]
 After non-sponsors Avnee Enterprises and Evergreen Service Station objected to giving tickets with the ICC slogan and 2003 World Cup mascot as prizes, the ICC filed a petition. The ICC said it is the event's organizer and now owns ticket rights with its partner. According to the Delhi High Court, a limited trademark or copyright ambush marketing statute exists. The court added that copyright infringement restriction is "commercial speech" protected by Article 19 of the Indian Constitution. The court said barring "fair competition and freedom of speech" is a prerogative based on legislative language. Another case by the Delhi High Court ruled that inanimate objects have no publicity rights. Accordingly, the Indian Constitution invalidates private attempts to deprive the (inanimate) organizer of publicity.[20]
 
Importance
India's lack of legislation or regulations to address ambush marketing poses a significant challenge for event organizers. Despite hosting major international events such as the FIFA U-17 World Cup 2017 and Commonwealth Games 2010, India has not implemented specific laws to combat ambush marketing. In contrast, many countries worldwide have already enacted legislation to tackle this issue. India must introduce appropriate laws to effectively deal with ambush marketing, especially considering its future role as a host for numerous international sporting events.[21]
Ø  The Secretary, Ministry of Information & Broadcasting v Cricket Association of Bengal & Anr[22]
 This case has set a benchmark for how sports should be broadcast on public television because sports are of significant public interest, and a sizable percentage of the population was not reachable via private cable connections. As part of its "diamond jubilee" festivities, the "Cricket Association of Bengal" held an international ODI cricket competition in 1993. As previously stated, Doordarshan made the lowest price, leading to the auction cancellation for the rights to broadcast the ODI. The telecasting rights were awarded to the commercial company "Trans World International," which had made the best proposal, following the CAB's rejection of Doordarshan, a national interest corporation,'s bid. Doordarshan filed a case with the Supreme Court contesting the Bengal Cricket Association. The decision by the Supreme Court
Ø  Zee telefilms and others v Union of India and Ors.[23]
 This specific case is regarded as the Magna Carta of Indian sports law. The broadcasting contracts with Zee Telefilms, which permitted the airing of test matches, were unilaterally terminated by the Board of Control for Cricket in India, or BCCI. The party that felt violated filed a petition with the Supreme Court according to Article 32 of the Indian Constitution.[24]  Only entities that meet the requirements of Article 12 of the Indian Constitution for what constitutes a "state"[25]  are qualified to be the focus of a petition submitted by Article 32. The Supreme Court was asked to rule on whether Article 12 applies to the BCCI, the body that regulates sports. Most judges concluded that BCCI does not meet the requirements of Article 12 of the Constitution for what constitutes a state. One of the judges who dissented was Justice Sinha, who contended that BCCI should be considered when determining what constitutes the "State" under Article 12.[26] due to its role in "recruiting players on a merit basis."[27]
 
IV.                        COMPARATIVE ANALYSIS BETWEEN LITIGATION AND ARBITRATION
 Court formalities include filing legal documentation, obeying court rules, and meeting court deadlines. It takes longer than arbitration. Case backlogs, procedure complexities, and litigation can slow things down. A delayed litigation can hurt parties, especially in sports where timing is vital. A litigation judge with that field's experience is impossible, even though some understanding is needed to get a non-arbitration case decision. The CAS keeps several arbitrators on a closed list to ensure expertise on dispute panels. Disputed parties must choose arbitrators from this list. CAS arbitrators are well-versed in international arbitration law, sports law, and sports. 2003 Swiss Federal Tribunal.[28] Opponents say this legislation limits parties' right to choose arbitrators and that the CAS's closed list shouldn't bind them. The Tribunal rejected this argument, stating that the rule requires sports law knowledge for rapid dispute settlement and CAS ruling uniformity.[29]  The litigation costs might vary greatly depending on the intricacy of the case, the standard of legal counsel, court fees, and other expenditures associated with formal court procedures. Due to its efficiency and cost-effectiveness, arbitration might also be more affordable than litigation. Sports legal cases frequently necessitate carefully weighing the pros and downsides of arbitration vs litigation. The case's complexity, the desired degree of secrecy, the decision-makers' experience, and the enforcement of awards or judgments are some variables that affect the outcome. Arbitration clauses are found in many sports organizations' contracts to facilitate the resolution of disputes quickly.
 
V.               WHY ARBITRATION
 ADR provides decision-making flexibility, confidentiality, and precision. Arbitrators must uphold the law in sports conflicts. Arbitration does this by requiring decision-makers to be prudent and free of bias.[30] This modern approach to resolving sports disputes encompasses various methods beyond the traditional court trial process.[31]
 
 ADR approaches cannot reverse or appeal once a conflict is resolved.[32]  The idea was emphasized in the judgment of the Delhi High Court in the judgment of Rajiv Dutta v. Union of India.[33] Arbitration may have resolved the dispute better, the court said. Since the National Sports Federation did not have regulations and the contract did not include an arbitration provision, arbitration was not an option.
 
                                  It is a unified system of conflict resolution.
 Specialist sports tribunals like the Court of Arbitration for Sport (CAS) have helped ensure global decision-making consistency. The well-known IAAF v. Athletics Federation of India & Ors.[34] case is among the CAS's extensive mediation guidelines and procedures. This case shows the importance of the Court of Arbitration for Sport (CAS) as an international sports forum in India. The National Anti-Doping Disciplinary Panel suspended four Indian athletes for doping violations. When WADA introduced previous CAS instances during the appeal before the National Anti-Doping Panel (NAADP) to press for harsher sanctions, the case highlighted the importance of CAS.
 
                                                               Speed
 Litigation in India can be challenging and protracted, often taking years to conclude. Resolving disputes through ADR ensures an alternative and expeditious resolution.The Swift resolution of sports disputes is crucial due to the short careers of athletes. Time is of the essence, particularly for players or teams looking to participate in upcoming events.[35] 
 
Some of the speedy techniques adopted by the ADR[36] in sports are:
Ø  CAS Ad Hoc Divison: During some events, including the Olympics, FIFA World Cups, and Commonwealth Games, it acts as an arbitral and conciliation body. If any legal issues arise, a panel of arbitrators appointed by the International Council for Arbitration in Sports (ICAS) will be available to handle them.
While the deadline for the European Championships and World Cup in football is 48 hours, Ad Hoc Rules for the Olympics and Commonwealth Games state that the arbitral ruling must be given within 24 hours of filing the arbitration application.
Ø  Expedited Proceedings: CAS ensures a prompt arbitration process. This is because event organizers and sports federations often prioritize preserving the integrity of a competition's final results. Consequently, all parties involved are usually willing to expedite the arbitration procedure to resolve legal matters before the competition occurs. In these cases, the typical time limits are reduced significantly, allowing disputes to be arbitrated within days or hours.
Ø  Time limits:  Sports arbitration follows strict procedural rules with short time frames. For instance, the CAS Appeals Arbitration requires an appeal to be submitted within 21 days of a decision, with failure to do so leading to dismissal. The appellant has ten days to present their case brief, and the respondent must respond within 20 days. The arbitration panel must issue a final award within three months. The Indian Super League and National Anti-Doping Agency of India also have rules for the swift resolution of sports disputes.
Ø  Expertise: Sports disputes often require a sports industry professional to resolve them as they interpret game rules and conventions. This professional is more likely to resolve conflicts than a regular court judge, as they better understand the game and can focus on central issues, avoiding unnecessary procedures and issues like anti-doping regulations.[37]
Ø  Cost: ADR methods like mediation and arbitration are cost-effective compared to traditional litigation in sports disputes. This is especially beneficial for federations or clubs with significant financial resources, as they can cover the costs of lengthy legal processes. Rule 64 of the CAS Code allows the panel to award a contribution towards legal fees in cases involving international federations and doping-related disciplinary matters, while Rule 65 states that parties are not required to pay arbitration costs.
Even in cases where the parties are responsible for covering the arbitration costs, CAS arbitrators typically charge an hourly rate lower than their standard commercial fees. Additionally, the CAS Code includes a provision that allows the ICAS to establish a legal aid fund to help individuals who cannot afford the costs of CAS arbitration. CAS has developed guidelines for the operation of this fund and has a list of pro bono counsel available to assist parties in need—athletes like Nirupama Devi from India benefit from this legal aid when appealing their cases before CAS.[38]
Ø  Enforceability:  Sports organizations have been recognized for adhering to accolades obtained through alternative dispute resolution (ADR) methods. The New York Convention establishes the essential legal framework for enforcing an arbitration award. The domestic legislation of different nations, influenced by the UNCITRAL law[39], typically streamlines this procedure.
Ø  Consistency and Transparency:  The introduction of CAS for resolving sports disputes has enhanced uniformity in rulings globally and has established a set of regulations known as lex sportiva.[40]
 
 
 
 
 
VI. THE DETRIMENTAL IMPACT OF BCCI’s MONOPOLY ON THE GAME OF CRICKET. HOW CAN WE MITIGATE THIS UNASSAILABLE MONOPOLY?[41]
“Power corrupts, and absolute power corrupts absolutely.”[42]  The BCCI has obtained a cricket patent over the years, giving them total authority to govern the game and make any necessary choices. This unbroken monopoly has led to many unfair assessments in the cricket world, affecting players and the game. The BCCI can choose players and referees for the national team, set game rules, and remove players from the competition, which could endanger their careers. In addition, the organization is in charge of building stadiums, managing cricket academies, assisting state organizations, putting pension plans into place, and paying trainer and coach salaries. In addition, the BCCI oversees the rights to broadcast and telecast and is in charge of collecting match venue ticket fees. Decentralization of authority is currently necessary due to the BCCI's vast powers and the lack of challenge to its actions.[43]
 
 While the BCCI conducts public functions, it is nonetheless a private organization. The BCCI's management of the Indian Cricket League (ICL), designed to give cricket fans a stage to showcase their abilities, is a prime illustration of the organization's monopolistic tactics. The start of Essel Sports Private Ltd.'s ICL cricket competition (ESPL)[44]  indicated the participation of players from India and elsewhere. Nevertheless, the BCCI opted to use its power and influence rather than collaborate, even though it had the financial means to fund the event. The BCCI forced board members to take decisive action against their respective players who were playing in the game, prohibited players from competing in the ICL, and ordered state agencies to boycott the competition. Because of this, the ICL was put on hold for good because it couldn't get enough funds or participation, and the BCCI put in place strict rules.
 
 Because of what they did, a case was brought against the BCCI in the Delhi High Court. The BCCI told the players that if they took part in the race, they would lose their licenses and be unable to play in international games. To make things even harder for the ICL, the BCCI bought cricket grounds run by the state government. These acts that hurt competition were fought in court.
The ICL won the case at trial. It sent notifications to corporate sponsors, state cricket associations, and the BCCI, cautioning them not to void the legal contracts of players who joined the ICL. The purpose of this decision was to uphold the players' contracts and safeguard their rights.
A workable solution to the problem of power abuse is the employment of final-offer arbitration. In this procedure, the disputing parties present their last offers to the judge. The option closest to the arbitrator's interpretation of the correct result is the legally binding resolution. This will drastically curtail the BCCI's monopoly by putting them under arbitration rather than letting them decide according to their wishes.  A neutral third party's participation in the arbitration process would encourage equity and keep one side from fully controlling the other. As a result, there would be more equity and balance in the setting for dispute resolution.[45]
 
VI.            CONTEMPORARY DEVELOPMENT IN ARBITRATION AS SPORTS DISPUTE RESOLUTION
In the global sphere, most intricate disputes involving state parties are resolved through arbitration.
                                                         Technology and Sports
Employing IT tools can hasten and streamline the arbitration process, cutting down on time and expenses. In the last twenty years, arbitration has become more formalized and court-like, potentially leading to conflicts. Concerns arise among parties and arbitrators that integrating IT may jeopardize procedural rights and result in unnecessary complications or the potential annulment of awards.[46]
 
The increase in e-mail and Internet usage has led to greater access to ADR. As a result, online dispute resolution services have been developed to mimic human interaction in conflict resolution. Arbitrators and mediators can now communicate through online platforms like e-mail, chat sessions, and video conferencing. Notable online ADR projects include the Virtual Magistrate Project, the BBB Project, the Online Ombuds Office at the University of Massachusetts, and America Online’s “24-hours in Cyberspace” initiative.[47]
 
Technology is vital in resolving disputes, including in sports, and has greatly enhanced efficiency, fairness, and accuracy in sports arbitration. There are several ways technology has impacted sports arbitration, which are as follows-
Ø  Video Technology: Video technology such as Hawk-Eye and VAR has been introduced in sports such as tennis, cricket, and football to help referees review contentious decisions, leading to more precise calls and fewer mistakes. Hawk-Eye is highly esteemed as an advanced technology in various sports. It distinguishes itself with its remarkable blend of innovation, expertise, and accuracy, revolutionizing the sports industry entirely.[48]
Hawk-Eye tracks the ball's trajectory in detail during games, providing valuable data in various sports like cricket, snooker, tennis, and badminton. The information is analyzed to create realistic visual representations of the ball's path.  VAR was created in 2018 to make officials' jobs easier and help them make fewer mistakes during games[49]. The Video Assistant Referee (VAR) team comprises three people who look over controversial calls made by the main referee to help them make better ones. It gives officials more information to help them make better decisions and fewer mistakes. VAR doesn't make choices, but ensuring that sports disputes are fair and accurate is crucial. If disagreements don't go away, VAR could lead to arbitration. It raised the accuracy of judge decisions from 95% to 99.32% during the 2018 World Cup.[50]
Ø  Data Analytics: Using data and statistics in professional sports is a significant development that enhances decision-making.[51] Cutting-edge data analytics tools analyze player performance, injury patterns, and game strategies. They can be used in arbitration cases for unbiased viewpoints on disputes over player contracts, doping allegations, and performance issues.[52]
Ø  Virtual Hearings: Virtual hearings in Arbitration are not an avant-garde concept.[53] Virtual hearings are increasingly common in sports arbitration thanks to improved telecommunication technology. This enables remote participation, saving time and resources. The AAA and International Centre for Dispute Resolution offers a guide on security and preparation for virtual hearings.[54] Amidst the COVID-19 pandemic, virtual hearings gained prominence. The Seoul International Dispute Resolution Centre was one of the first institutions to establish a protocol for Virtual Hearings. This protocol effectively tackled various challenges related to virtual hearings, such as due process, confidentiality, video conferencing options, and platform selection criteria. Additionally, the protocol included a trial run to enhance the efficiency of virtual hearings by familiarizing arbitrators and counsels with the designated platform.[55]
Ø  Online Dispute Resolution (ODR) platforms:[56]- ODR platforms for sports arbitration are becoming more popular, providing an easy way to resolve conflicts among athletes, clubs, and governing bodies. These platforms offer secure messaging, document organization, and dispute monitoring. ODR benefits sports because it saves time and money, especially for athletes who can't attend in-person hearings. It also simplifies the recording process for statements, correspondence, and pleadings.[57]
Ø  Fundamental Mechanisms: Technology aids in resolving sports disputes in arbitration through several vital mechanisms, which include enhanced evidence collection, efficient information management, remote participation, transparency, accountability, accessibility, and inclusivity.
 
Technology in sports has advantages and disadvantages for athletes, officials, spectators, and sports in general. At times, the full effectiveness of technology requires integration and enhancement.[58]
 
The integration of technology in resolving disputes has its advantages and disadvantages, yet it presents a hopeful prospect overall.[59] The benefits include convenience, cost and time savings, and a reduced physical or verbal intimidation risk. On the other hand, drawbacks may include potential security breaches, the inability to convey tone or facial expressions, and the risk of misinterpreting terms.[60] The success of online dispute resolution in the digital realm remains uncertain, especially given the current state of technology. Nevertheless, there is the potential for online ADR to play a role in resolving management-player disputes in sports under specific circumstances.[61]
 
Sports arbitration in India is still a specialized field that needs further formal integration. The sports landscape in India faces ongoing challenges like match-fixing, doping, and franchise scandals. Although a global sports arbitration system has been established, India has ample room for improvement in creating a more arbitration-friendly environment for its sports sector. A key concern faced by the Indian sports landscape is the lack of clarity surrounding the operations of autonomous sports bodies that operate independently from government oversight. One such example is the Board of Control for Cricket in India (BCCI), a self-regulating entity that falls outside the scope of 'state' as defined in Article 12 of the Constitution.[62] The courts of India are hesitant to interfere in disputes involving sports.[63] Therefore, an efficient dispute-resolution mechanism is crucial in such circumstances.[64]
 
Many organizations in India focus on dispute resolution through arbitration. However, it is unclear how active they are. International sports bodies consist of national bodies from various countries with the highest authority. The government has implemented measures to promote sports culture in the country by involving electronic media such as national broadcasters, private channels, and print media.[65] Despite technological advancements, India is still unable to resolve disputes.
 
                              The Impact of COVID-19 on Sport Dispute Resolution.
The COVID-19 pandemic caused a lot of work disruptions across the world. The COVID-19 outbreak significantly influenced Alternative Dispute Resolution (ADR) in sports, particularly sports arbitration. This impact was two-fold. Initially, the entire procedure had to undergo restructuring to accommodate a completely online, paperless process with more adaptable time constraints and a transition towards electronic submissions, virtual hearings, and remote discussions. Additionally, the pandemic has heightened the demand for flexible approaches to legal issues, potentially resulting in a rise in the utilization of negotiations, conciliation, and mediation in sports-related conflicts.[66] However, the pandemic has expedited technology integration in the arbitration procedure, potentially resulting in enduring advantages and enhancements in the effectiveness and availability of arbitration in India.[67]
 
Because of the pandemic, sports courts like the Court of Arbitration for Sport (CAS) have made it so that cases can only happen online. This lets you send documents electronically and gives you more freedom with dates. Even so, there are risks with privacy, data security, connectivity, and talking to clients or judges during online hearings. Even with these problems, the sports community has shown a lot of flexibility by accepting this new way of settling disagreements.[68] The Court of Arbitration for Sport used the emergency guidelines, valid from March 16th, 2020. Article R31 of the Code of Sports-related Arbitration (the Code) is adapted to avoid the service of documents in hard copies, which added the phrase “UPLOADED TO THE CAS E-FILING PLATFORM.” Article R32 of the Code was adapted to account for possible delays and reduced activities in some countries, adding the term “MAXIMUM 2 WEEKS EXTENSION.”[69]
During the COVID-19 pandemic, the arbitration proceedings were impacted in many ways,[70] for instance, delays caused by lockdowns or travel restrictions have affected the transition to virtual proceedings through videoconferencing and digital technologies. One effect that can't be hidden is that many parties to arbitration are having trouble with money, which may make it harder for them to take part in the physical procedures or enforce awards.[71]
 
In order to tackle the concerns, the Indian government and arbitration institutions have implemented measures to offer assistance and guidance for virtual arbitration. As an illustration, the Indian Ministry of Law and Justice has released guidelines for virtual court proceedings, which are also relevant to a virtual arbitration.[72]
 
Post-COVID period, the recent development in sports arbitration in India is the inauguration of the "Sports Arbitration Centre of India" in 2021 by Kiren Rijiju, the Union Law Minister. This center is exclusively focused on resolving disputes in the field of sports and related activities. It will function as an autonomous entity, providing a swift mechanism for redressal. The establishment of this center marks a significant milestone in the advancement of sports arbitration in India, as it not only holds excellent influence but also receives legal support from the Union Law Ministry.[73]
 
VII.          CONCLUSION
Sports arbitration is a progressive field within an alternative dispute resolution that adapts to incorporate innovative ideas and systems to meet the distinct requirements of sports-related conflicts. Its primary objective is to offer a fair and satisfactory dispute resolution, considering various prevailing factors in sports law.[74] Arbitration has played a significant role in the legal and sporting realms since its inception. It has consistently operated in the background, assisting the law and serving as a support system for state courts. By bridging the gap between divergent perspectives, arbitration has emerged as a savior in resolving conflicts, be it in the realm of sports or within the legal domain.[75]
 
India has developed much in sports arbitration by introducing various policies and establishing multiple institutions, the latest being the Sports Arbitration Council Institution in 2021, situated in Ahmedabad, Gujarat. Even though it is inaugurated, it will take 5-6 years to be functional. Sports in India encompass a broad spectrum of activities and give rise to many legal challenges. Nevertheless, the current legislation concerning sports lacks clarity and transparency. Developing solid and unambiguous policies to address all legal matters related to sports is crucial. The growing intersection between sports and law underscores the need for a more profound understanding of how the legal system impacts the sporting industry. India needs experienced sports law consultants and professionals to navigate through a mix of diverse legal fields. Ultimately, legal practitioners and athletes must join forces to comprehend, advance, advocate, and ethically practice sports law in India.

[1] Student at Gujarat National Law University, Gandhinagar.
[2] Student at Gujarat National Law University, Gandhinagar.
[3] Department of culture, Media and Sports figures- www.culture.gov.uk.
[4] Hilary A. Findlay & Rachel Corbett, Principles Underlying the Adjudication Disputes Preceding the Salt Lake City Winter Olympic Games: Notes for Adjudicators, 1 ENT. L. 109 (2002); Susan Haslip, A Consideration for the Need of a National Dispute Resolution System for National Sport Organizations in Canada. 11 MARQ. SPORTS L. REV. 245 (2001).
[5] Mukul Mudgal, Vidushpat Singhania & Aahna Mehrotra, Law & sports in India: Developments, issues and challenges: Introducing chapters on the IPL probe report and the Commonwealth Games, 2010 (2016).
[7] Ian Blackshaw, Sport, Mediation and Arbitration 3 (2009).
[8] J Anderson, Modern Sports Law: A Textbook 77 (2010).
[9]   James A. R Nafziger, Dispute Resolution in the Arena of International Sports Competition, 50 The American Journal of Comparative Law, 161-179 (2002).
[10] Ibid.
[11] Code of sports-related arbitration of the Court of Arbitration for Sports, rules 33 and 34.
[12] Times Of India, IOA constitutes Indian Court of Arbitration for Sports, Times of India (July 25, 2011), https://timesofindia.indiatimes.com/sports/more-sports/others/IOA-constitutes-Indian-Court-of-Arbitration-for-Sports/articleshow/9360502.cms.
[13] Ananya Bhardwaj, ‘Sports Disputes and Arbitration’, 2 GIBS Law Journal 1 (2020). https://www.indianjournals.com/ijor.aspx?target=ijor:gibsl&volume=2&issue=1&article=008.
[14] Times Of India, Kiren Rijiju inaugurates the country's first sports arbitration centre, says it will have far-reaching impact, Times of India (Sept. 26, 2021), https://timesofindia.indiatimes.com/sports/more-sports/others/kiren-rijiju-inaugurates-countrys-first-sports-arbitration-centre-says-it-will-have-far-reaching-impact/articleshow/86532956.cms.
[15] Times Of India, Kiren Rijiju inaugurates the country's first sports arbitration centre, says it will have far-reaching impact, Times of India (Sept. 26, 2021), https://timesofindia.indiatimes.com/sports/more-sports/others/kiren-rijiju-inaugurates-countrys-first-sports-arbitration-centre-says-it-will-have-far-reaching-impact/articleshow/86532956.cms.
[16] Angela Raguz v Rebecca Sullivan & Ors [2000] NSWCA 240.
[17] Code of Sports-related Arbitration 2020.
[18] ICC Development (International) Ltd. v. Arvee Enterprises, 2003 SCC OnLine Del 2.
[19] ICC Development (International) Ltd. v. Ever Green Service Station, 2003 SCC OnLine Del 1.
[21] ibid.
[22] Secretary, Ministry of Information & Broadcasting v Cricket Association of Bengal & Anr (1995) AIR 1236.
[23] Zee telefilms & Os v Union of India & Ors Writ Petition (Civ) 541/2004.
[24] Constitution of India 1950, art 32.
[25] Constitution of India 1950, art 12.
[26] Ibid.
[27] Zee Telefilms (n 13).
[28]  A, B v, Comité International Olympique et Fédérations Internationale de Ski (Swiss Federal Tribunal, 1st Civil Law Chamber, 4P267/2002).
[29] Arbitration in the Realm of Sports Law, SCC Times (Apr. 13, 2022), https://www.scconline.com/blog/post/2022/04/13/arbitration-in-the-realm-of-sports-law/.
[31] Mukul Mudgal, Lexisnexis's Law & Sports in India 387 (2nd ed. 2010).
[32] Yash Gupta & Tanya Sinha, Dispute Resolution Mechanism in Sports, 1 GSPR 29, 29 (2020).
[33] Rajiv Dutta v. Union of India, 2016 SCC OnLine Del 265.
[34] International Association of Athletics Federations (IAAF) v. Athletics Federation of India (AFI) & Ors., CAS 2012/A/2763.
[35] 5 David Casserly, Jurisdiction and Conflict of Jurisdiction in Sports Dispute, ISDE Global Executive Masters in International Sports Law, Madrid, p. 8. Presented on 14 March 2015.
[36] Mukul Mudgal, Lexisnexis's Law & Sports in India 388-391 (2nd ed. 2010).
[37] Mukul Mudgal, Lexisnexis's Law & Sports in India 388-391 (2nd ed. 2010).Top of Form
 
[38] ibid.
[39]  UNCITRAL Model Law on International Commercial Arbitration, 1958. Available at: http://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/07-86998_Ebook.pdf.
[40] Mukul Mudgal, Lexisnexis's Law & Sports in India 388-391 (2nd ed. 2010).
[41] Manvi Bhandari, Arbitration in Sports Dispute Resolution in India, 1 International Journal of Research in Engineering, Science and Management (2018).
[43] Board of Control for Cricket in India v. Cricket Association of Bihar, (2015) 3 SCC 251.
[44] Essel Sports Private Limited (Indian Cricket League) and another v Board of Control for Cricket in India and another Delhi High Court, 31 March 2011.
[46] Gabrielle Kaufmann-Kohler, The Use of Information Technology in Arbitration, Jusletter 4-5 (2005).
[47] Adam Epstein, Sports law (2013).
[48] Baljinder SINGH BAL & Gaurav DUREJA, Hawk Eye: A Logical Innovative Technology Use in Sports for Effective Decision Making, 21 Sports Science Review 107-108 (2012).
[49] Errekagorri, Ibai & Castellano, Julen & Etxeazarra, Ibon & Peñas, Carlos. (2020). The effects of the Video Assistant Referee system (VAR) on the playing time, technical-tactical and physical performance in elite soccer. The International Journal of Performance Analysis in Sport. 20. 1-10. 10.1080/24748668.2020.1788350.
[50] Bayraktar, I.(ed.) (2023). ?e Use of Developing Technology in Sports. Özgür Publ?cat?on.
DOI: https://do?.org/10.58830/ozgur.pub315. L?cense: CC-BY-NC 4.0.
[51] Amandeep Kaur et al., Analyzing and Exploring the Impact of Big Data Analytics in Sports Sector, SN Computer Science 2(3) (2021).
[52] Xiaomeng Tan, Enhanced Sports Predictions: A Comprehensive Analysis of Role and Performance of Predictive Analytics in  Sports Sector, Wireless Personal Communications (2023).
[54] AAA-ICDR Virtual Hearings, ADR.org https://go.adr.org/covid-19-virtual-hearings.html?utm_source=website&utm_medium=featurebox&utm_campaign=website_covid-19-virtual-hearing.
[55] Dhruv Srivastava & Aafreen Chaudhary, Virtual Hearings in Arbitration in India: A Reflective Analysis, The Contemporary Law Forum (2021).
[56] Manvi Bhandari, Arbitration in Sports Dispute Resolution in India, 1 International Journal of Research in Engineering, Science and Management (2018).
[57]Ibid.
[58] Bressanelli, G., Perona, M., & Saccani, N., Challenges in supply chain redesign for the Circular Economy: a literature review and a multiple case study, The International Journal of Production Research, 57(23), 7395-7422 (2019).
[59] Blake Edward Vande Garde, Alternative Dispute Resolution Becomes Online Dispute Resolution.
[60] M. Ethan Katsh, Dispute Resolution in Cyberspace, 28 CONN. L. REV. 953 (1996).
[61] George H. Friedman, Alternative Dispute Resolution and Emerging Online Technologies: Challenges and Opportunities, 19 HASTINGS COMMENT. L. J. 695.
[62] Zee Telefilms Ltd. & Anr v. Union of India & Ors, AIR (SC 2005).
[63] Diganth Raj Sehgal, Viability of sports arbitration in India - iPleaders, IPleaders (Feb. 7, 2021), https://blog.ipleaders.in/viability-sports-arbitration-india/.
[64] Shreyansh Jain et al., Time for Evolution of Sports Adjudication in India Is Sports Arbitration the Way Forward?, 9 (2023).
[65] Kanwal DP Singh & Harshita Singh, Amenability of Sports Law to Management of Sports in India, 14 Amity Business Review 14-15 (2013).
[66] Garcia-Garcia et al., The Impact of Covid-19 on Sports: The Mid-Way Assessment, 20 The International Sports Law Journal 3-4 (2020).
[67] Swati Chakraborty. “COVID-19 and Arbitration in India- Human Rights Issues and Challenges". Act a Scientific Gastrointestinal Disorders 6.11 (2023): 21-25.
[68] Garcia-Garcia et al., The Impact of Covid-19 on Sports: The Mid-Way Assessment, 20 The International Sports Law Journal 3-4 (2020).
[69] Katy HOGG,  The Court of Arbitration for Sport, (May 15, 2020), https://www.tascas.org/fileadmin/user_upload/CAS_Guidelines_COVID-19_15.05.20.pdf.
[71] Ibid.
[72] Ibid.
[73] Aaditya Bajpai, Arbitration in the Realm of Sports in India: An Analysis, CCADR (2023).
[74] Ananya Bharadwaj, Sports’ Disputes and Arbitration, 2 GIBS Law Journal 79 (2020).
[75] Vjekoslav Puljko, Arbitration and Sport, Interdisciplinary Management Research V (2009).