On the legitimacy of Mandatory Sports Arbitration Agreement——Observation of the Validity of CAS Arbitration Clause and its illumination for China
The International arbitration for sports is an way to resolve disputes of sports,whose operation is entirely based on the validity of arbitration agreements.The major sports organizations,such as IOC,NOCs,IFs,etc.,are accustomed to inserting the arbitration clauses of CAS in their articles of association,which make sports arbitration agreement mandatory and cause the legitimacy crisis because breaching directly the spirit of autonomy and the voluntary basis of arbitration agreements.Theory of adhesion contract,of additional legitimacy,and of expected benefits gift,rule of effective interpretation,principle of exclusion of strict interpretation,and principle of favorem validitatis concurrently defense solidly for the legitimacy of mandatory arbitration agreements of sports.The madatory arbitration clauses in Chinese sports organizations' charters cannot be justified through these theories,because they are lack of basic justice.The valid example of CAS mandatory arbitration clause is help to resolve the question in China.