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Sanction mechanism in sport
Nováková, Zuzana ; Slepička, Petr (advisor) ; Bednář, Miloš (referee)
Title: Sanction mechanism in sport Objectives: The aim of the thesis is to analyse the sanction mechanisms applied in sports, their mutual relationship, the extent of autonomy of sport on the law, the answer to the question whether this condition is satisfactory and give suggestions to solve the alleged deficiencies. Methods: In this thesis are used a method of analysis, comparative analysis, and a method of synthesis Results: Have been found certain deficiencies in the procedural treatment of disciplinary and arbitration in the framework of the Sports Club, which have their origin in perhaps excessive Federal autonomy, this area would undoubtedly benefit from a higher rate of interference of the State, or at least harmonisation through the top sports institution Keywords: sports rules, disciplinary proceedings, arbitration proceedings, the Court of arbitration for sport, the Arbitration Commission of the Czech Olympic Committee
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Alternative dispute resolution in sports at the international level with an emphasis on the Court of Arbitration for Sport
Mádl, Ladislav ; Balaš, Vladimír (advisor) ; Hamerník, Pavel (referee)
81 Alternative dispute resolution in international sport with the emphasis on the Court of Arbitration for Sport Key words: alternative dispute resolution, Court of Arbitration for Sport, UNCITRAL Abstract The goal of this thesis is to introduce basic methods for alternative dispute resolution currently available in the area of sport on the international level. First chapter deals generally about the term of alternative dispute resolution, reasons of its growing popularity particularly in the sporting sphere, its advantages and the perception of its use worldwide. The second chapter comprises a detailed analysis of now probably the most important institution in the field of alternative dispute resolution in sport, which is the Court of Arbitration for Sport (CAS) with its seat in Lausanne, Switzerland. After more than 30 years of its existence, this institution is already an established brand that offers solutions to disputes within sport, primarily through arbitration. This takes place either within the Ordinary Division or the Appeals Division of the Court. Detailed description of the proceedings in disputes of this kind is the main part of this chapter, supplemented with practical findings. Special branch of arbitration offered by CAS is the resolution of disputes on major sporting events such as the...
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Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
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Sanction mechanism in sport
Nováková, Zuzana ; Slepička, Petr (advisor) ; Bednář, Miloš (referee)
Title: Sanction mechanism in sport Objectives: The aim of the thesis is to analyse the sanction mechanisms applied in sports, their mutual relationship, the extent of autonomy of sport on the law, the answer to the question whether this condition is satisfactory and give suggestions to solve the alleged deficiencies. Methods: In this thesis are used a method of analysis, comparative analysis, and a method of synthesis Results: Have been found certain deficiencies in the procedural treatment of disciplinary and arbitration in the framework of the Sports Club, which have their origin in perhaps excessive Federal autonomy, this area would undoubtedly benefit from a higher rate of interference of the State, or at least harmonisation through the top sports institution Keywords: sports rules, disciplinary proceedings, arbitration proceedings, the Court of arbitration for sport, the Arbitration Commission of the Czech Olympic Committee
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Alternative dispute resolution in sports at the international level with an emphasis on the Court of Arbitration for Sport
Mádl, Ladislav ; Balaš, Vladimír (advisor) ; Hamerník, Pavel (referee)
81 Alternative dispute resolution in international sport with the emphasis on the Court of Arbitration for Sport Key words: alternative dispute resolution, Court of Arbitration for Sport, UNCITRAL Abstract The goal of this thesis is to introduce basic methods for alternative dispute resolution currently available in the area of sport on the international level. First chapter deals generally about the term of alternative dispute resolution, reasons of its growing popularity particularly in the sporting sphere, its advantages and the perception of its use worldwide. The second chapter comprises a detailed analysis of now probably the most important institution in the field of alternative dispute resolution in sport, which is the Court of Arbitration for Sport (CAS) with its seat in Lausanne, Switzerland. After more than 30 years of its existence, this institution is already an established brand that offers solutions to disputes within sport, primarily through arbitration. This takes place either within the Ordinary Division or the Appeals Division of the Court. Detailed description of the proceedings in disputes of this kind is the main part of this chapter, supplemented with practical findings. Special branch of arbitration offered by CAS is the resolution of disputes on major sporting events such as the...
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Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
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