The Jurisprudence Of Lex Sportiva: Navigating The Legal Ecosystem Of International Sports Arbitration

Upkar Mehta, B.B.A. LL.B. (H.), Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

Supervised By: Prof. (Dr.) Anil K. Dixit, Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

ABSTRACT

This article examines Lex Sportiva – which refers to the international legal regime surrounding sports arbitration, particularly that of the Court of Arbitration for Sport (CAS) – which has arisen out of the unique needs of sports to resolve their own internal disputes in accordance with their own rules. Lex Sportiva embodies principles such as the autonomy of sports organisations, fairness, integrity, equality and non-discrimination and has operated as a transnational legal order which is separate yet complementary to national and international law. It has been specifically tailored for the needs of the sports sector and, through a consideration of CAS’s role, landmark cases and the institutional structure of sports arbitration, the article reviews the overarching principles of Lex Sportiva and the challenges which face it, particularly insofar as its objectivity and transparency are concerned. It addresses questions of access to justice and accountability and concludes with an analysis of a number of emerging legal challenges that Lex Sportiva faces and the need for reform of this international legal regime given the importance of sport to society today.

Keywords: Sports Law, CAS, FIFA, Lex Sportiva, Olympics