Abstract

Sport is a massive industry, accounting for more than 3% of global trade. The English courts have long recognized that sports-related issues are best handled preferably through the use of a quasi-independent, arbitral-based disciplinary process. Sport, in particular, exemplifies the advantages of alternative dispute resolution (ADR) over judicial proceedings. When opposed to litigation, Arbitration is time-tested and cost-effective. Arbitration is a private and confidential process designed for rapid, practical, and cost-effective resolutions. Sports arbitration is a growing discipline of alternative dispute resolution that incorporates new ideas and techniques to meet the unique needs of sports conflicts. Under Indian law, sports arbitration is still a relatively new concept. The Court of Arbitration (CAS) has had its global forum mostly ignored in India. Section 34 of the Arbitration and Conciliation Act, 1996 allows Indian courts to overturn a foreign arbitral tribunal's decision. As a result, even a sports arbitral award must be inspected by Indian courts before being enforced in India. Even if an award is not contrary to public policy, the right to challenge it under section 34 of the Act for any other reason cannot be taken away. The Article explores the framework of the Court of Arbitration (CAS) in light of relevant rulings and takes into consideration the presence of Arbitration pertaining to matters of sports law in India.

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