The competences of both tribunals
A comparative Analysis of the jurisdiction of the Arbitral tribunal on sport of the Republic of Cameroon and the Geneva Arbitral tribunal on sport
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This treatise takes issue with the jurisdictions of the arbitral tribunals on sport of the republic of Cameroon and that of Geneva,in Lausanne Switzerland. It seeks to highlight the competences,scopes of these tribunals,the issues of recognition and setting aside of arbitral awards. It also examines,the roles of ordinary law courts,sport tribunals and state authorities in settling disputes arising out of sport.The nerve wracking question is ,which of these institutions has the locus standi to here sport claims?Following our findings,National sport federations have competence to settle sport cl...
This treatise takes issue with the jurisdictions of the arbitral tribunals on sport of the republic of Cameroon and that of Geneva,in Lausanne Switzerland. It seeks to highlight the competences,scopes of these tribunals,the issues of recognition and setting aside of arbitral awards. It also examines,the roles of ordinary law courts,sport tribunals and state authorities in settling disputes arising out of sport.The nerve wracking question is ,which of these institutions has the locus standi to here sport claims?Following our findings,National sport federations have competence to settle sport claims,by virtue of that country's affiliation to the world football governing body.(FIFA) Disputes emanating from National football clubs go to sport arbitral tribunals and not to ordinary law courts or other state organs.But ordinary law courts can listen to sports claims ,when issues of lack of due proccess,public policy ,fraud,incompetence of arbitrators etc arise ,as per the New York Convention of 1958.On another note,it is trite learning that to initiate an issue before an arbitral tribunal,it must be preceded by an arbitration clause ,since arbitration law is a consensual issue.
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