To fortify its sports arbitration framework for efficient resolution of disputes, India needs to revamp the Indian Court of Arbitration for Sports (ICAS), suggests this study.
Authors
Subhrajit Chanda, Assistant Professor and Assistant Director, Centre for Sports Law, Business and Governance (CSLBG), Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Akash Gupta, Assistant Professor and Assistant Director, Centre for Alternative Dispute Resolution (CADR), Jindal Global Law School, O,P. Jindal Global University, Sonipat, Haryana, India.
Arushi Bajpai, Assistant Professor and Research Fellow, Centre for Alternative Dispute Resolution (CADR), Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Indian sports industry revenues crossed USD 1.6 Billion in 2022 and propelled the nation onto the global stage, with various disciplines garnering unprecedented acclaim. However, this growth has been accompanied by a surge in disputes, underscoring the need for efficient resolution mechanisms. Arbitration emerges as a highly advantageous method, offering efficiency, flexibility, and specialized expertise in sports-related matters. India stands at a critical juncture in its sports arbitration journey, recognizing the imperative for a more efficient mechanism.
Despite previous efforts with entities like the Indian Court of Arbitration for Sports (ICAS) in 2011 and the Sports Arbitration Centre of India (SACI) in 2021, the outcomes have been less than satisfactory, with no cases registered. There is an absence of a ‘working’ Sports Arbitration Centre in India due to which the players approach the domestic courts for dispute resolutions, or the alternative remedy is that the parties may approach CAS in Switzerland if the National Sports Federation allows that. This underscores the urgent need for a robust and responsive sports arbitration regime in India. For these reasons, the paper also explores the Australian and Kenyan Models of Sports Arbitration. A revamped ICAS, or ICAS 2.0, tailored to meet diverse stakeholder needs to resolve sports disputes in India is required.
The ICAS 2.0 shall have jurisdiction in all sports-related matters within the territory of India. The ICAS 2.0 shall have a Council responsible for drafting ICAS Rules which clarify their jurisdiction, appointment of arbitrators, challenge to arbitrators’ procedure, appeals procedure, applicable law, and finality of the awards. To conclude, the establishment of ICAS 2.0 presents a significant opportunity for India to fortify its sports arbitration framework, fostering transparency, fairness, and accountability. Embracing a holistic approach, encompassing legal, procedural, and institutional reforms, India can position itself as a leader in sports dispute resolution, contributing to the growth and development of sports nationally and globally.
Published in: The International Sports Law Journal
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