HUK469

Sports Arbitration Law

Faculty \ Department
School of Law \ Law
Course Credit
ECTS Credit
Course Type
Instructional Language
3
4
Elective
English
Prerequisites
-
Programs that can take the course
Bachelor of Laws
Course Description
Sports Arbitration Law is a branch of law that examines the legal relations between athletes, clubs, coaches, managers and sports federations as well as the ways of resolving sports disputes. This course covers in detail the structure of national and international sports arbitration institutions, the principles of arbitration proceedings, the rules of law to be applied in the resolution of disputes and the enforcement of arbitral awards. In addition, the basic principles and rules regarding the mediation method in the resolution of sports disputes are also examined within the scope of the course.
Textbook and / or References
1- Bağlan, Aysu Melis: International Arbitration in Sports and the Legal Situation in Turkey, 5th Edition, Ankara 2022
2- Baltacı, Melis Ulusoy: Resolution of International Sports Disputes through CAS Arbitration Rules, Ankara 2024
3- Ekşi, Nuray: Sports Arbitration Law, Istanbul 2015
4- Özdemir Kocasakal, Hatice: Court of Arbitration for Sport (CAS), Istanbul 2013
5- Pak, Gürkan: Court of Arbitration for Sport (CAS) Jurisdiction Procedure in Sports Disputes, Ankara 2023
Course Objectives
The aim of this course is to teach national and international arbitration procedures and principles for the resolution of sports disputes by comprehending the mixed structure of sports law. It is aimed to provide students with the ability to understand the structure of arbitration mechanisms specific to sports law, the legal principles to be applied in these mechanisms and the processes for the enforcement of arbitral awards. In addition, it is aimed to create expertise in this field by understanding the ways of resolving disputes arising from athlete and coach contracts, mediation processes and disciplinary rules specific to sports law.
Course Outcomes
1. Understands the basic information about sports dispute resolution methods and the structure of sports arbitration institutions.
2. Interprets the legal rules to be applied to the merits in sports disputes and arbitration processes.
3. Makes legal analysis on the decisions of national and international sports arbitration institutions.
4. Develops legal solutions for the resolution of disputes related to athlete, technical director and management contracts.
5. Evaluates the enforcement processes of arbitral awards in national and international sports arbitration proceedings.
6. Explains the mediation processes in the resolution of sports disputes and the legal dimensions of these processes.
Tentative Course Plan
Week 1: Subject of Sports Law, Legal Nature of Athlete Contracts, Sports Dispute Resolution Methods
Week 2 : Structure of Sports Arbitration Institutions and Arbitrability in Sports Law
Week 3: Jurisdiction of National and International Sports Arbitration Institutions
Week 4: Applicable Law in National and International Sports Arbitration Proceedings
Week 5: Enforcement of CAS (Court of Arbitration for Sport) and FIFA DRC (Dispute Resolution Chamber) Decisions
Week 6: Essential Elements in the Drafting of Athlete Contracts (Essentiala Negotii).
Week 7: Grounds for Termination of Athlete Contracts by Clubs with Just Cause
Week 8: Grounds for Termination of Athlete Contracts by Athletes for Just Cause
Week 9: Consequences of Unfair Termination of Athlete Contracts: Compensation Calculation Methods and Sports Sanctions
Week 10: Arbitrability of Disputes Arising from Technical Director and Management Contracts
Week 11: Doping, Match-fixing and Incentive Prize in Sports Arbitration
Week 12: Mediation as a Condition for Litigation in Sports Law
Tentative Assesment Methods
• Midterm % 40
• Final % 60
Program Outcome *
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Course Outcome
1
2
3
4
5
6