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Sports Jurisdiction and Arbitration

In: Managing Sports Teams

Author

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  • Jonas Pust

    (Heuking Kühn Lüer Wojtek)

Abstract

Decisions are made, in sports, some of which are subject to legal review. While the factual decisions of the referees generally cannot be challenged, appeals against rule violations are possible. In principle, a judicial review is first conducted within the association. The intra-federation sporting jurisdiction in Germany is based on §§ 25 et seq. of the German Civil Code, which is based on Art. 9 para. 1 of the Basic Law, the German Constitution. Accordingly, sports associations and federations can establish their own jurisdiction for disputes falling under sports law on the basis of the federation’s code of conduct. As decisions within the associations are not final, it is possible to take legal action either before state courts or before an arbitral tribunal. In exceptional cases—such as interim relief or doping cases—an (arbitration) court can also be called upon directly.

Suggested Citation

  • Jonas Pust, 2021. "Sports Jurisdiction and Arbitration," Management for Professionals, in: Stefan Walzel & Verena Römisch (ed.), Managing Sports Teams, pages 63-87, Springer.
  • Handle: RePEc:spr:mgmchp:978-3-030-56495-7_4
    DOI: 10.1007/978-3-030-56495-7_4
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