Protecting Athletes’ Right To A Fair Trial From Mandatory Sports Arbitration Perspective

Athletes’ right of action is that athletes are legally entitled to apply for legal remedy, is a bringing and continuation of the litigation rights. Athletes’ right of action has the nature of human rights. The mandatory arbitration system on the athletes to appeal restriction is reasonable, is to respect the autonomy of sports,reflects the requirements of the unity and international element of sports.The Swiss Federal Supreme Court, the German Court, and the European Court of Human Rights have different attitudes towards the legal validity of the international sports compulsory arbitration system. First of all, the Swiss Federal Supreme Court think compulsory arbitration agreement is the basis of jurisdiction of CAS, compulsory arbitration agreement only in the presence of a defect or ambiguity is invalid, and the arbitration agreement to related to specific cases;waiver of appeal is forbidden, namely sports organizations shall not abuse of monopoly position and limit or deprive players option. Secondly, German District Court and the High Court are of the view that compulsory arbitration agreement is invalid, but the basis is different. Local courts recognize mandatory arbitration agreements are in violation of the athletes of free choice, and the High Court that international sports organization in the abuse of monopoly position, forcing players signed mandatory arbitration agreements are in violation of the German anti-competition law. Finally, According to the European Convention on Human Rights, the states has obligation to actively protect human rights, and should protect the rights of individuals within the territory; Europe Court of Human Rights tend to believe that even if the compulsory arbitration agreement with Swiss Federal Law may also violate the European Convention on Human Rights.Measures to protect athletes’ right of action are as follows: clarify the role of the Court of Arbitration for Sports, in order to protect the right of liberty; reform and perfect the system of CAS neutrality, limits of jurisdiction; strengthen the judicial review of courts at all levels of CAS arbitration awards.