Issues Related to the Development of the Sports Justice System

Russia’s recognition of priority jurisdiction by the Court of Arbitration for Sport (CAS) in Lausanne makes it much more difficult for professional athletes and sports bodies to protect their rights under Russian law. In many instances, they are unable to do so in Russian courts or arbitration proceedings, and are obliged to go to the CAS – an international body – in order to resolve a Russian domestic dispute. To change this situation, a number of legislative amendments were made in Russia in 2020, including to the Labour Code, Civil Procedure Code, Federal Law on Sport, and others. These outlined the creation of a national centre for sports arbitration. However, its jurisdiction in sports disputes is frequently hampered by the requirements set out by international sporting federations or associations. With Russian athletes, sports teams, and sporting federations being banned from international tournaments, it has become important to examine new ways of building a management system for Russian sport. This should encompass guidelines regulating subordination to the rules, norms and regulations set out by international federations, as well as to the sports dispute review system. This session will focus on possible ways of changing the sports management system, and the implications these may have for sports dispute review procedures. The possible rejection/restriction of the jurisdiction of national sporting federations and arbitration courts also raises the question of how to develop the national sports justice system.