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Sports Arbitration Awards: Grounds and Procedure for Cancellation

Student: Iaroslav Rzhepik

Supervisor: Alexandr Chebotarev

Faculty: Faculty of Law

Educational Programme: Lawyer in the Field of Sport (Master)

Year of Graduation: 2021

The work investigated the general provisions of the activity, the competence and grounds for canceling the decisions of sports arbitration. Special attention was paid to the peculiarities of cancellation of decisions of the Court of Arbitration for Sport in Lausanne, Russian and foreign national sports arbitration tribunals. The purpose of the final qualification work is a comprehensive legal study of the grounds and procedure for canceling decisions of sports arbitration. To achieve this goal, the following tasks were identified and completed: 1) the legal foundations of the activity of sports arbitration was investigated; 2) the competence of sports arbitration to resolve disputes was determined; 3) the grounds for canceling the decisions of sports arbitration were established; 4) the analysis of the features of the cancellation of decisions of sports arbitration in the historical aspect was carried out; 5) the procedure for canceling the decisions of the Court of Arbitration for Sport of Lausanne in the Supreme Court of Switzerland was investigated; 5) the peculiarities of consideration of complaints arising from the decisions of the CAS in the European Court of Human Rights were revealed; 6) the features of the cancellation of decisions of sports arbitration in the territory of the Russian Federation were investigated; 7) the features of the cancellation of decisions of sports arbitration tribunals of other states were analyzed; 8) a comparative legal analysis of the grounds for cancellation of decisions of sports arbitration in Russia and foreign countries was carried out; 9) analyzed judicial practice in the studied category of cases; 10) suggested ways to solve the identified problems. The empirical and normative basis of the dissertation research are: 1) the legislation of the Russian Federation and the subjects of the Russian Federation; 2) normative legal acts of federal executive bodies; 3) regulatory documents of international and national organizations in the field of sports; 4) the legislation of foreign states; 5) judicial practice. In the process of research, a set of various methods and principles of scientific knowledge was used. The leading ones are the dialectical, historical and formal legal method. As a result of the final qualification work, the regulatory framework for the activities of sports arbitration was investigated. The problem of compulsory conclusion of arbitration agreements with athletes and coaches has been investigated. The competence of the national sports arbitration in the Russian Federation and the competence of the CAS are established. The work reveals the problem of recognition of appellate decisions in cases of appeal against acts of national arbitration bodies, resolve of which are proposed by delegating this category of disputes to an independent national jurisdictional body. This issue was presented by the author in the form of a report at the international conference "Traditions and innovations in the system of modern Russian law", which took place on April 9-10, 2021 at the Moscow State Law University named after O.E. Kutafin (Moscow State Law Academy). It is proposed to solve the problem of delaying the execution of legally rendered decisions of arbitration courts through the use of appeal mechanisms by recognizing by the courts a ruling on refusal to cancel the arbitration decision as a basis for issuing a writ of execution for compulsory execution. The grounds for overturning CAS decisions in the Swiss Supreme Court were investigated. Analyzed the jurisprudence of the highest judicial body of Switzerland in this category of cases. The features of the consideration of cases arising from the decisions of the CAS in the ECHR are investigated. The conclusion is made about the low efficiency of this mechanism in disputes with the participation of athletes and coaches. The features of cancellation of decisions of national sports arbitration in Russia are determined. It is proposed to exclude possible influence on the arbitration institution of national sports organizations by changing the composition of the founders. Different interpretations of the grounds for canceling the decisions of arbitration courts determines the need for the adoption of appropriate clarifications by the Supreme Court of the Russian Federation. A comparative legal analysis of the features of cancellation of decisions of Russian and foreign sports arbitration tribunals has been carried out.

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