스포츠중재의 필요성과 중재합의에 관한 고찰

• 영문명: A Study on the Need for Arbitration and Agreement in Sports Disputes
• 발행기관: 한국중재학회
• 저자명: 전홍구(Hong-Gu Jeon)
• 간행물 정보: 『중재연구』 제26권 제1호, 3~27쪽, 전체 25쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2016.03.30

영문 초록

There is a need for disputes in sports to be settled by arbitration rather than a court ruling, taking the unique characteristics of sports into consideration. Arbitration is a form of alternative dispute resolution (ADR). A dispute resolution system is regarded as: an arbitrator is selected by the agreement between the parties, and a binding decision is made, which the parties obey, consequently resulting in a final resolution. To resolve a dispute upon arbitration, there must be an arbitration agreement upon the free will of the parties. In relation to the arbitration agreement, however, there are some cases in which sports organizations have an arbitration clause in the articles of association, regulations or player registration application that call for settling disputes by arbitration. In such cases, the validity of the arbitration agreement may create doubt whether or not this sort of arbitration has been made by mutual agreement. Consequently this is required to be legally examined. The activities of a sports organization are recognized as part of private autonomy, and they include even the rights that establish regulations or rules. Nonetheless, the powers that such sport organizations are able to establish are not allowed without limit. However, sports activities and autonomy shall be protected as themselves. Therefore, if we give priority to arbitration upon the independent arbitrator and fair process by establishing an independent arbitral organization in charge of sports disputes to handle the effective resolution of disputes and protect sports autonomy and ask for a court decision if one party disobeys the arbitration, or the sports arbitration prepositive principle, it seems helpful to resolve the unfairness of compulsory jurisdiction and the clause for sports arbitration and protect the player’s right of choice and of claims for trial.

목차

Ⅰ. 서 론

Ⅱ. 스포츠분쟁 해결제도 일반론

Ⅲ. 스포츠중재의 필요성과 중재기구

Ⅳ. 스포츠 중재합의의 법률적 효력

Ⅴ. 결 론

키워드

스포츠분쟁 스포츠자치 스포츠분쟁해결제도 스포츠중재 스포츠중재기구 스포 츠중재합의 중재강제조항 스포츠중재전치주의 Sports Disputes Autonomy of Sports Sports Dispute Resolution System Arbitration for Sports Sports Arbitration Agency Arbitration Agreement of Sports Compulsory Arbitration Clause Preceding System of Sports Arbitration