Open Access. Powered by Scholars. Published by Universities.®

Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Litigation

Pepperdine Dispute Resolution Law Journal

Arbitration

Articles 1 - 2 of 2

Full-Text Articles in Entertainment, Arts, and Sports Law

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston Feb 2012

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Pepperdine Dispute Resolution Law Journal

Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …


Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations , Matthew J. Mitten Feb 2012

Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations , Matthew J. Mitten

Pepperdine Dispute Resolution Law Journal

This article provides an overview of the nature and scope of judicial review of Olympic and international sports arbitration awards, primarily those rendered by the Court of Arbitration for Sport (based in Lausanne, Switzerland) and their review by the Swiss Federal Tribunal pursuant to the Swiss Federal Code on Private International Law. It also describes and compares U.S. courts' review of international sports arbitration awards pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards as well as domestic sports arbitration awards. Both Swiss and U.S. courts are permitting CAS arbitration awards to establish a …