Harmonizing Public Interest And Private Dispute Resolution: National Court Approaches To Arbitration In Sports And Commercial Law
- IJLLR Journal
- May 28
- 2 min read
Mohammed Rohin, Manipal Academy of Higher Education
This research explores the interplay between comparative public law and arbitration in the realms of sports and commercial disputes, focusing on the enforcement of arbitral awards by national courts. Arbitration has become a cornerstone of private dispute resolution, with sports bodies like the Court of Arbitration for Sport (CAS) and international commercial arbitration institutions promoting autonomy and finality. However, the authority of arbitral tribunals often collides with principles of state sovereignty, constitutional rights, and public policy, especially when national courts are asked to enforce or annul arbitral decisions.
This paper adopts a comparative lens, analyzing how various jurisdictions — including the United Kingdom, India, Switzerland, the United States, and France — navigate this tension. Special emphasis is placed on the role of constitutional safeguards such as due process, equal protection, and judicial oversight, and how these vary across legal systems. The study also examines key case law where courts have either upheld or intervened in arbitral decisions, particularly when awards implicate fundamental rights or contravene domestic public policy.
By comparing sports arbitration (often governed by a transnational legal order) with commercial arbitration, the paper highlights the nuanced role public law plays in legitimizing or challenging arbitral authority. Ultimately, the research seeks to propose a framework that harmonizes the autonomy of arbitral institutions with the protective function of public law, offering recommendations for more consistent judicial approaches across jurisdictions.
CHAPTER 1
1. Background on Arbitration in Sports and Commercial SettingsArbitration has emerged as a prominent mechanism for dispute resolution across various domains, particularly in international commerce and organized sport. In the commercial context, arbitration is favored for its efficiency, confidentiality, flexibility, and enforceability under instruments such as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.1 Businesses operating across jurisdictions often prefer arbitration over national litigation systems to avoid delays, excessive costs, and uncertainty in foreign courts.
