Sports Jurisdiction and Arbitration

Jonas Pust ()
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Jonas Pust: Heuking Kühn Lüer Wojtek

A chapter in Managing Sports Teams, 2021, pp 63-87 from Springer

Abstract: Abstract Decisions are made, in sports, some of which are subject to legal review. While the factual decisions of the referees generally cannot be challenged, appeals against rule violations are possible. In principle, a judicial review is first conducted within the association. The intra-federation sporting jurisdiction in Germany is based on §§ 25 et seq. of the German Civil Code, which is based on Art. 9 para. 1 of the Basic Law, the German Constitution. Accordingly, sports associations and federations can establish their own jurisdiction for disputes falling under sports law on the basis of the federation’s code of conduct. As decisions within the associations are not final, it is possible to take legal action either before state courts or before an arbitral tribunal. In exceptional cases—such as interim relief or doping cases—an (arbitration) court can also be called upon directly.

Date: 2021
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DOI: 10.1007/978-3-030-56495-7_4

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