Zalizko O. Resolution of disputes arising from international private sports relations by the Court of Arbitration for Sport .

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005215

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

29-11-2018

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The dissertation addresses the issues of the analysis of understanding of international private sports relations and peculiarities of resolving disputes arising out of them by the Court of Arbitration for Sport. Based on the concept of international private sports relations proposed by the author, the methodological expediency of the classification of international private sports relations was substantiated, and it was concluded that the international private sports relations have a number of features that allow them to be separated from other legal relationships. The systematization of sources of regulation of international private sports relations was conducted. The preconditions for the establishment of the Court of Arbitration for Sport as an alternative way of resolving sports disputes and its advantages were revealed. The competence of Court of Arbitration for Sport and the features of the arbitration agreement as the basis for the taking case to the CAS were determined. It has been established that unlike international commercial arbitrations, the Court of Arbitration for Sport may consider disputes both under the ordinary and in appeal procedures, and an arbitration agreement on which the CAS jurisdiction is based and which is often included in the Statute / Regulations of sports bodies and their members or is contained in the applications to great sporting events (Entry form). The author analyzes in detail the particularities of the conclusion of arbitration agreements, in particular, the consent of the athlete.

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