Sports arbitration is a judicial mechanism specifically created for the resolution of disputes related to sports. It is generally used to resolve disputes that arise between sports organizations, clubs, athletes and managers.
This type of arbitration, which progresses with titles such as “Independence and Impartiality”, “Fast Resolution”, “Expertise”, “Final Decision” due to its characteristics, includes disputes such as transfer disputes, doping cases, objections to disciplinary penalties, sponsorship and commercial disputes.
The most important institutions in the field of sports arbitration in Turkey are the Turkish Football Federation (TFF) Arbitration Board and the Ministry of Youth and Sports Arbitration Board.
- TFF Arbitration Board
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- Basis for Establishment: It was established according to the Turkish Football Federation Law No. 5894.
- Independent and Impartial: Although it is within the TFF, it makes its decisions independently.
- Jurisdiction: It can be expressed as “All kinds of legal disputes related to football activities”, “Professional football player contracts”, “License transactions” and “Disciplinary penalties and objections”.
- Features: TFF Arbitration Board decisions are final and binding. Decisions can only be referred to international arbitration bodies (e.g. CAS).
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- Ministry of Youth and Sports Arbitration Board
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- Basis of Establishment: It is based on the Youth and Sports Services Law No. 3289.
- Jurisdiction: It can be expressed as “Objections made against decisions of federations”, “Disputes of athletes, clubs and managers arising from sports activities”.
- Features: The decisions of the Ministry Arbitration Board are also final and binding. Only legal action can be taken to annul the decisions.
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How Does the Sports Arbitration Process Work in Turkey?
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- Application: The relevant party must apply to the arbitration board within the specified period.
- Hearing: The defenses of the parties are taken, evidence is examined.
- Decision: The Board announces its decision within a certain period of time.
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Sports arbitration boards in Turkey only deal with sports issues. Applications to the TFF Arbitration Board must generally be made within 15 days.
Sports arbitration around the world has been developed considering the specific rules and dynamics of sports.
- International Court of Arbitration for Sport (CAS) (Court of Arbitration for Sport / Tribunal Arbitral du Sport – TAS): It was established in 1984 by the International Olympic Committee (IOC) in Lausanne, Switzerland. It is located in Lausanne, Switzerland (it also has branches in New York and Sydney). Its purpose is to resolve international disputes between athletes, clubs, federations and other sports stakeholders. Jurisdiction: “All legal disputes related to the Olympic Games”, “Doping cases”, “Transfer and contract disputes”, “Disciplinary penalties”, “Sponsorship and commercial disputes” can be expressed as. However, CAS has an independent structure and is considered the highest court of justice in the world of sports. Its decisions cannot be appealed to any court other than the Swiss Federal Court. It is known for its fair and rapid decision-making processes in terms of protecting the rights of athletes.
- FIFA Dispute Resolution Chamber (DRC): This board, which is part of FIFA, generally deals with commercial and contractual disputes between football players, clubs and managers. Its decisions can be directly referred to CAS.
- IOC Arbitration Panel: This panel, established by the International Olympic Committee, works specifically to resolve urgent disputes that arise during the Olympic Games. Thanks to its rapid decision-making mechanism, it prevents athletes and organizers from being victimized.
- International Federations’ Own Arbitration Boards: International federations such as FIFA, UEFA, FIBA, and ITF also have their own arbitration boards. These boards usually decide on disciplinary penalties within the federation and disputes regarding organizational rules.
- National Sports Arbitration Boards: In most countries, national arbitration boards have been established to resolve legal disputes related to sports. The TFF Arbitration Board and the Ministry of Youth and Sports Arbitration Board in Turkey are examples of this.
- Swiss Court of Arbitration for Sport (CAS): It is the highest judicial body in the sports world and is based in Switzerland. Switzerland is an important center for sports law and, in addition to CAS, major sports organizations such as FIFA and UEFA are headquartered in this country.
- Germany Deutsches Sportschiedsgericht (German Court of Arbitration for Sport): It is affiliated with the German Olympic Sports Confederation (DOSB) and is responsible for resolving sports-related disputes in Germany. It is authorized for disciplinary penalties, doping cases and contract disputes.
- England Sport Resolutions (UK): It is an independent sports arbitration organization and makes decisions on doping, contract disputes and disciplinary issues. It is the legal resolution mechanism for many sports organizations, especially the English Premier League.
- France Comité National Olympique et Sportif Français (CNOSF): It operates under the French Olympic Committee. It provides mediation and arbitration services in disputes between athletes and federations.
- Spain Tribunal Administrativo del Deporte (TAD): It is known as the Spanish Sports Administrative Court and makes decisions in all sports branches, especially football.
- United States American Arbitration Association (AAA): It is a large-scale arbitration institution that also specializes in sports-related issues. United States Anti-Doping Agency (USADA): It conducts independent arbitration processes in doping cases.
- Australia National Sports Tribunal (NST): It is an arbitration body that can appeal against the decisions of national sports federations in Australia. It is known for its fast decision-making mechanism and is an expert in issues such as doping and disciplinary penalties.
- Italy Collegio di Garanzia dello Sport: It operates under the Italian National Olympic Committee (CONI) and has extensive authority in sports law.
- Canada Sport Dispute Resolution Centre of Canada (SDRCC): It is an independent institution established to resolve disputes between athletes, clubs and federations.
As can be seen, while European countries have generally established more independent institutions in sports arbitration processes, in countries such as the USA, general arbitration institutions also deal with sports arbitration. In countries such as Turkey, Spain and Italy, sports federations have their own arbitration bodies that are quite strong.
As a result, sports, which affects larger masses in the world every passing day and is rapidly growing and globalizing, has brought with it many needs.
At this point, considering the existence of especially high budgets in the field of sports and the universalization of this field, the establishment of sports arbitration courts that can be accepted all over the world for the disputes to be experienced has resulted.
In other words, the need for sports arbitration arose from the unique structure of sports and the inadequacy of traditional legal systems in resolving disputes in this area. The world of sports requires a special resolution mechanism due to its dynamic structure and unique rules.
Sports arbitration was developed due to the slowness of traditional judicial mechanisms and the unique needs of sports, and has played an important role in ensuring order and justice in the world of sports. This structure is a key element in preserving the spirit of fair play in sports and the continuation of competition on equal terms.
Sources:
Nuray, Ekşi; “Spor Tahkim Hukuku”, İstanbul, 2015.
Selami Özsoy; “Spor Hukukunda Tahkim”, Spor Yönetimi ve Bilgi Teknolojileri Dergisi,2008
https://www.etrhukuk.com/sporda-tahkim-kavrami-cas.html
https://www.tas-cas.org/en/general-information/index/
https://www.ozkul.av.tr/haberdetay/spor-hukukunda-ulusal-ve-uluslar-arasi-tahkim-kuruluslari
https://www.easportslaw.com/news/sports-arbitration
https://www.sportsarbitrationmoot.com/
https://www.changing-perspectives.legal/arbitration/types-of-arbitration/sports-arbitration/
https://inside.fifa.com/legal/court-of-arbitration-for-sport
https://www.clydeco.com/en/insights/2024/05/sports-arbitration-a-perspective-from-the-uk
She graduated from Çankaya University Faculty of Law in 2005. In the same year, she completed her master’s degree in Constitutional Law at Çankaya University, Department of Public Law. Until 2011, she worked as an ODY-ÜDY Instructor at Vocational Training Centers affiliated with the Ministry of Transport. For approximately 15 years, she has been working as a legal expert at the Union of Chambers and Commodity Exchanges of Turkey (TOBB). Initially, she was involved in Foreign Trade and International Logistics at TOBB and represented the United Nations for nearly seven years. She is currently serving as a legal expert in the SME Policies Directorate within the TOBB Department of Real Sector R&D and Implementation.
Meanwhile, she is working on completing her doctoral dissertation in Administrative Law at Gazi University, Department of Public Law-Administrative Law. After completing her thesis on TOBB, which is recognized by the Council of Higher Education (YÖK) in Turkey, she plans to publish it as a book.
Additionally, since 2023, she has been writing columns in the London section of “DÜNDAR HUKUK” and “DÜNDAR LEGAL SERVICE CONSULTANCY,” which have established themselves internationally, particularly in the field of energy and renewable energy.