Zbornik Radova: Pravni Fakultet u Novom Sadu (Jan 2015)
Multi-tiered sports arbitrations in the Republic of Serbia
Abstract
Contrary to popular perception of the legal profession, multi-tier arbitrations are neither new, nor uncommon phenomenon. With growing need of the community to arbitration becomes real, not just theoretical, alternative to judicial resolution of disputes, arbitration accepts more judicial characteristics, among which is one of the most important and at the same time controversial - multi-tiered dispute resolution. Multi-tiered arbitration proceeding is traditionally present in commercial and investment arbitrations. However, in recent decades, significant international arbitration institutions introduced the option for consensual review of arbitration awards. Sports law is an area where, by the end of the twentieth century, the phenomenon was unnoticed present. The international sports community, as a precondition for the survival of autonomous settlement of disputes, choose dispute settlement by arbitration, but with a number of significant modifications. One of the most specific is multi-tiered arbitration, especially regarding the most important cases. The main reason for such behaviour is the aspiration of the international sports community, following the example of national courts, to organize efficient, quality and final way of resolving disputes within its jurisdiction. Permanent Court of arbitration of the Olympic Committee of Serbia follows the mentioned logic, thanks to the provisions of the Sports Act and contrary to the Arbitration act, and introduces the possibility of reviewing its decision in front of the Court of arbitration for sport based in Lausanne.
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