Legal Aspects of Alternative Dispute Resolution in Sports Law Summary: Summary of the Doctoral Thesis

Marina Kameņecka-Usova

Research output: Types of ThesisDoctoral Thesis

Abstract

Thesis is a scientific research where issues that arise from the legal relations of subjects of sports law, specifically the disputes between such subjects and their resolution with the help of alternative dispute resolution methods, are examined. In the course of the Doctoral Thesis the following concepts have been analysed: the institute of alternative dispute resolution in modern law, the concept of the modern sports law, mediation for resolving sports-related disputes, alternative dispute resolution and mediation by national and international sports institutions, as well as a case study of two high-profile sports cases. As a result, three thematic groups of conclusions arose followed by suggestions regarding the introduction of the concept “sport dispute resolution” in the Latvian law and amending Latvian sport policy. Given the specific nature of legal relationships in sport, sports disputes should be resolved amicably, promptly, confidentially and, most importantly, should lead to a harmonious and, if possible, non-aggressive relationship between the parties to the dispute, fair outcome, including knowing the possibility of causing harm to other parties not directly involved in the dispute; in other words, conflicts should be resolved within the “family of sport”. For these reasons, the traditional means of dispute resolution, i.e. court, cannot be considered as the optimal and best option, while alternative dispute resolution (ADR) methods can help achieve the desired result, i.e. peaceful, fast, confidential and nonaggressive dispute resolution in sport. Therefore, following the best practices of other countries, a specialised sports disputes resolution body independent of sports federations should be available for Latvian athletes. The aim of the Doctoral Thesis is to study the possibilities of sports dispute resolution by applying ADR methods, define their topicality and problems, as well as ascertain the practice of other countries and international organisations in this matter and make recommendations for the improvement of the Latvian sports regulation in order to comply with international developments in the resolution of sports disputes. The Doctoral Thesis consists of the introduction, four chapters divided into subchapters, the conclusion containing conclusions and suggestions as well as the list of references and annexes. The structure of the Doctoral Thesis is designed according to the aim it proclaims, with a view to answer the research questions and meet the objectives set. It logically unfolds the core of the researched problem. The practical significance of the Doctoral Thesis is expressed as a set of practical insights which formulates proposals for the use of ADR methods in Latvian sports disputes proposing specific amendments to the Sports Law. The developed research is the only study on ADR in sport of this scale in Latvia. Neither sports law as a branch of law, nor disputes between parties thereto and types of such disputes have been studied, hence this research may also be used as a basis for further development of the sports law at national level and may lead interested parties to better understanding of the nature of sports disputes, their types and suitable extra-judicial ways to resolve them.
Original languageEnglish
Supervisors/Advisors
  • Mihailovs, Ivans Jānis, First/Primary/Lead supervisor
Place of PublicationRīga
Publisher
DOIs
Publication statusPublished - 2021

Keywords*

  • law
  • Civil law
  • sports Law
  • Alternative dispute resolution
  • mediation
  • sports dispute

Field of Science*

  • 5.5 Law

Publication Type*

  • 4. Doctoral Thesis

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