국제스포츠에 있어서 중재를 통한 분쟁의 해결 -유럽의 프로축구분쟁 관련 중재절차를 중심으로-

Abstract

Despite the vast and varied nature of international sport, the landscape of sports arbitration is dominated by one institution in particular, the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. The CAS is colloquially referred to as a Supreme Court for sports disputes, and evidence of its influence is to be found throughout the sporting world. Although sports arbitration shares many characteristics with commercial or investment arbitration, and although many sports arbitrators also sit in standard commercial cases, it also has many interesting features that distinguish it from non-sports-related arbitration. The most obvious and perhaps the most important differentiating feature of sports arbitration is its speed. Swift resolution of sports disputes is also necessary due to the fact that the careers of sportspersons are generally very short, so any lengthy period of time spent in litigation would have a very significant negative impact on a sportsperson's career. This urgency stems from the fact that the entire sports industry revolves around a series of regular sporting events and competitions: for the resolution of a sports dispute to be effective, it generally must be concluded before a particular competition or event takes place. The most striking example of the speed of sports arbitration is the Ad Hoc Division of the CAS. A no less impressive example of the speed of sports arbitration is the expedited proceedings which regularly take place under the standard arbitration rules of the various sports arbitration institutions. There is very often a distinct inequality of arms between the parties in a sports arbitration, as the disputes generally involve one large body (typically a national or international federation) and one much smaller body or individual (a club or an athlete for example). The emergence of the CAS as an "international supreme court" for sports disputes has finally provided greater consistency between legal decisions in the sports world and has created a body of case law (the lex sportiva) upon which sports arbitration users can rely. Aside from its speed, perhaps the most important advantage that sports arbitration has over classic commercial arbitration is the ease of enforcement of sports arbitration awards. The type of disputes that most commonly arise before the CAS are appeals from decisions of FIFA, the world governing body for football, which has its own internal judicial system. This type of dispute typically arises from the termination of the employment contracts of players or coaches, or the transfer of players between clubs. As a consequence of such movement, remuneration is generally payable to the player's previous clubs, either pursuant to contractual agreements between the parties or according to the complex series of regulations that apply to football transfers, both in a national and international context. In this research, I introduced the CAS system in general and examined professional football arbitration cases in European league. Hopefully, this study will contribute in the sport law field in Korea and I expect subsequent research should be formed into long lines by the prestigious scholars.