In my previous article, we examined the various frameworks and legislations, both existing and forthcoming, that shape the ever-evolving sports industry. In this article, we turn our attention to the institutions responsible for hearing and resolving sporting disputes.
Court of Arbitration for Sports (CAS)
The Court of Arbitration, more commonly known referred to as CAS, is a private international body established in 1984 to resolve sports-related disputes through arbitration. Its permanent headquarters are located in Lausanne, Switzerland, and temporary Courts are being established in the host cities of each Olympic Games. Notably, the Swiss Federal Tribunal exercises supervisory jurisdiction over CAS proceedings. CAS functions both as a Court of the first instance and also as an appellate body. Its procedural framework closely mirrors that of commercial arbitration. Under the CAS Procedural Rules, arbitration may be initiated on any of the following grounds:
- An arbitration clause contained in the contract or applicable regulation;
- A subsequent arbitration agreement entered into by the parties; or an arbitration agreement entered into later, A decision rendered by a federation, association, or other sports-related body.
Other Global governing Bodies
Alongside CAS, several sport-specific international bodies govern their respective disciplines, including FIFA (football), the International Cricket Council (cricket), and World Athletics (athletics), among others.
It is also worth noting that the Universal Declaration of Human Rights plays a significant role in disputes concerning athlete rights, gender equality, and freedom from discrimination.
The Indian Framework
CAS jurisdiction extends to disputes within the Indian sports industry. Indian Courts operating under the framework of the New York Convention, recognize and enforce CAS awards.
As with the international framework, sport-specific bodies also operate at the domestic level, such as All India Football Federation (AIFF) under FIFA’s governance, and the Board of Control for Cricket in India (BCCI) as a member of the ICC.
Sports law in India is not governed by a single statute or regulatory authority. Instead it operated through a network of institutions, policies, and federations. The key bodies include:
Ministry of Youth Affairs and Sports
- The Central Authority is responsible for sports governance in India, primarily through policy formulation and oversight of its implementation.
Sports Authority of India
- The apex body responsible for the development and promotion of sporting infrastructure across the country.
India Olympic Association
- An authority responsible for the governance and administration of Olympic sports in India.
Conclusion
Resolution of sporting disputes, whether at the international or domestic level, depends on a layered architecture of institutions, each playing a distinct and complementary role. CAS remains the cornerstone of international sports arbitration, offering an independent, expert forum that commands global recognition and enforceability. While sport-specific bodies ensure that the rules of each discipline are interpreted and applied consistently across jurisdictions.
As the Indian sports industry continues to grow – commercially, competitively and professionally, the need for a more codified and robust legal framework becomes increasingly apparent. The interplay between international arbitral bodies and domestic institutions will be central to that development.
In our next article, we will explore gambling in sports, continuing our series on the legal landscape of sports in India and beyond.