In South Korea, research has been conducted to identify the necessity of introducing a sports arbitration system as an alternative dispute resolution mechanism, citing the specificity and expertise of sports law, guarantee of autonomy for sports organ...
In South Korea, research has been conducted to identify the necessity of introducing a sports arbitration system as an alternative dispute resolution mechanism, citing the specificity and expertise of sports law, guarantee of autonomy for sports organizations, expediency, and confidentiality of procedures. Studies have also explored how to legislate sports dispute resolution systems. However, research clarifying the significance and potential problems of introducing arbitration from the perspective of coherence within the sports law system has remained limited. Accordingly, this study first explores the meaning of coherence within the sports law framework and addresses several specific issues—namely, the hierarchical relationship among norms and regulations within sports governance structures and the modification in the application of general principles of law. It further examines the significance of introducing the Court of Arbitration for Sport (CAS) as an integrated judicial system aimed at ensuring coherence, and traces the process through which sports law came to be recognised as a transnational legal system and sports arbitration as a transnational judicial mechanism. Discussions on introducing a domestic sports arbitration system in Korea stem from the question of how to establish a judicial system across each layer of sports governance and how to configure its relationship with judicial systems at other layers to create the most coherent sports law system. In this case, differentiating the judicial systems existing within the sports domain on a national base may better align with the principle of coherence. In this regard, current international regulations anticipate the existence of national dispute resolution bodies while adopting a contradictory and reserved stance regarding the legal form of these bodies. Lastly, in the realm of appeal arbitration, where the jurisdiction of arbitral tribunals is mostly recognised by arbitration clauses established by sports organisations, the non-public nature of arbitration proceedings no longer appears to be a compelling advantage of the arbitration system.