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| 奥运仲裁实务研究及法理探析—索契冬奥会案例研究 |
| LEGAL PRACTICE AND JURISPRUDENCE UPON ARBITRATION IN OLYMPIC GAMES ——CASE STUDY OF ABITRATION IN SOCHI OLYMPIC |
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| DOI： |
| 中文关键词:奥运仲裁 CAS临时仲裁庭 管辖权 参赛资格 歧视待遇 |
| 英文关键词:arbitration in Olympic Games CAS ad hoc jurisdiction eligibility discrimination |
| 基金项目: |
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| 中文摘要: |
| 自1996年亚特兰大夏季奥运会开始，国际体育仲裁院（CAS）在10届夏季及冬季奥运会中都派驻临时仲裁庭（CAS ad hoc），处理在奥运会过程中发生的体育争议。在2014年举行的俄罗斯索契冬奥会上，笔者被任命为CAS临时仲裁庭的仲裁员，参与奥运仲裁案件的审理。本文对奥运仲裁案件在程序上和法理上进行探讨和研究，以期对国内体育争议解决机制及案例法的建立和完善，起到促进和推动作用。 |
| 英文摘要: |
| The Court of Arbitration for Sport (the"CAS") has established the CAS ad hoc in the 10 consecutive sessions of the Olympic Games since 1996 Atlantic Summer Olympic Games. In 2014 Sochi Olympic Games, the author was honored to be assigned by the International Council of Arbitration for Sport (the “ICAS”) as a member arbitrator of the CAS ad hoc and joined in the whole process of dispute resolution. During the process, the author acquired more practical experience of the arbitrating activity and furthered the study of the case procedure and jurisprudence of the CAS. He also had the precious opportunity of communicating with the most respected and knowledgeable sports arbitrators of the world upon the theories of sports arbitration, especially arbitration for Olympic Games. With this article, the author would like to share his experience, as well as his study on legal practice and jurisprudence in Olympic arbitration activities so as to facilitate the development of dispute resolution system and the establishment of case law in sport. |
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