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Resolving Sports Disputes: A Comparative Study Of India And International Practices




Kritika Rajput, NMIMS, Hyderabad


ABSTRACT


In today’s world, sports have become more commercialised in nature, and there are various disputes that arise due to this commercialisation. For sports dispute resolution, specialisation and expertise are required, and as they are time sensitive due to the careers of athletes, arbitration is more preferable over litigation. This paper conducts a doctrinal comparative study and analysis of international sports dispute resolution through CAS and India’s fragmented mechanisms, the federation panels, arbitration under the Arbitration and Conciliation Act and the recently enforced National Sports Governance Act, 2025.


CAS shows effectiveness through institutional independence with the International Council of Arbitration for Sports, procedural speed in the ad hoc division, Lex Sportiva development and enforceability through the New York Convention, despite some criticisms related to transparency and access.


India’s system faces delays, judicial intervention, and expertise gaps because professionals and judges don’t have expertise in such disputes and lacked a centralised tribunal until the constitution of the National Sports Tribunal under the 2025 act. The study concludes that even though CAS offers a global benchmark for sports dispute resolution, direct adoption of it is not suggestive, instead tailored enhancements in independence, mandatory clauses and expertise are more suitable and will align with India’s system without creating inconsistencies with legal framework.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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