SETTLING SPORTS DISPUTES THROUGH THE ITALIAN NATIONAL COURT OF ARBITRATION FOR SPORT

Sport is big business and there is much at stake on and off the field of play!

In view of this, as sport continues to grow exponentially, so also, not surprisingly, do sports-related disputes.

The question, therefore, arises: how best to settle them?

In the courts or, extrajudicially, that is, within the ‘family of sport’ through some form of alternative dispute resolution (ADR) system?

Over the years, ADR, particularly arbitration and mediation/conciliation, has proved, in many cases, to be a worthy and successful alternative to court proceedings, which tend, generally speaking, to be lengthy, inflexible and costly. And sports-related disputes are no exception.

At the pinnacle of the sports disputes resolution system, internationally, is the Court of Arbitration for Sport (CAS), which was set up by the International Olympic Committee (IOC), and in June of this year, CAS celebrated 40 years of successful and widely respected operations within and outside the international sporting community.

The success of CAS has led to many National Sports Governing Bodies to set up their own National versions of CAS. This includes the National Olympic Committee of Italy, CONI, Comitato Olimpico Nazionale Italiano, which is a member of the IOC, and which, pursuant to Articles 12 and 12ter of its Statutes, set up the Italian National Court of Arbitration for Sport, Tribunale Nazionale di Arbitrato per lo Sport.

The Italian CAS operates under, to give it its full title, the Code of Judgements before the National Court of Arbitration for Sport and Discipline of the Arbitrators, Codice Dei Giudizi Innanzi al Tribunale di Arbitrato per lo Sport e Disciplina degli Arbitri.

The Italian CAS is based in Rome, with its email address at: ‘tribunale.arbitrale@coni.it’.

The Italian CAS has its own List of Arbitrators, who are experts in sports law.

We would strongly advise our clients, who have sports-related disputes in Italy, to consult a lawyer, specialised in Italian sports law, about the possibilities of bringing a legal action before the Italian CAS.

For further information and professional advice and legal representation in sports-related disputes in Italy before the Italian CAS and the Italian Courts, please email Sara Botti, the Head of our Italian Law Practice Group at ‘botti@valloni.ch’.