VIABILITY OF ARBITRATION IN SPORTS LAW DISPUTES IN INDIA
Updated: Feb 21, 2019
Before looking into the relation between Arbitration and sports law it is imperative that an overview of the still nascent field is provided. The rule of law in sport is essential as without it chaos exists. The commercialization of sport presents a palpable need for regulation. Many ‘problems’ exist in sports such as drug abuse, violence, contractual disputes and match-fixing which cry for legal regulations. This interaction between the sports world and society redefines sports law. It encourages sports bodies to reconsider their own rules and mode of governance in the light of dominant legal norms. This process of acculturation allows a convergence between sports law (Lex Sportiva) and dominant legal norms.
The debate is still ongoing in India as to whether sports law can be considered to be field of law in itself or not. However, sports law has an unusually well-developed pattern of globalized regulation and overlaps substantially with labor law, contract law, criminal law, intellectual property rights law, law of tort, media law, company law etc. These laws have been applied to sporting context involving public order, drugs, safety, disciplinary measures, conduct and wider issues relating to restraint of trade, match fixing and the commercial exploitation of sports.
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