With the rise in the number of sports competitions globally, there has been a corresponding increase in disputes related to sports. To address this issue, the International Olympic Committee (IOC) has set up the Alternative Dispute Resolution (ADR) sy...
With the rise in the number of sports competitions globally, there has been a corresponding increase in disputes related to sports. To address this issue, the International Olympic Committee (IOC) has set up the Alternative Dispute Resolution (ADR) system for sports under the Court of Arbitration for Sport (CAS), and an increasing trend in the establishment of similar sports ADR organizations can be observed across different nations. CAS, often referred to as the 'Supreme Court' of world sports, is widely regarded as the premier model of sports ADR system. In following, the Korea Sports Arbitration Committee (KSAC) was established under the Korea Sports Council in May 2006, only to be dissolved in 2009. The Korea Sports Fair Play Committee, founded in 2014 and managed by the Korea Sports and Olympic Committee (KSOC), has not effectively functioned as an appropriate ADR system for resolving sports disputes. In September 2017, the Korea Commercial Arbitration Board formed the 'Sports Arbitration Advisory Committee' with the goal of establishing the 'Korea Sports Arbitration Center'. Despite this initiative, practical implementation has not yet taken place, while the Sports Fair Play Committee of the KSOC has also struggled to fully utilize the sports ADR mechanism despite of the foundation of Korea Sport Ethics Center in 2020. This research delves into the sports ADR framework of CAS, previous reforms, and current practices in sports dispute resolution to assess the need for enhancing the ADR system in Korea. Chapter 1 outlines the background and methodology of the study. Chapter 2 discusses the importance of implementing an ADR system for efficiency and equity in resolving disputes that arise from the competitive nature of sports. Examples of sports ADR organizations from leading countries such as the United States (AAA), the United Kingdom (SR), Canada (SDRCC), Australia (NST), New Zealand (STNZ), and Japan (JSAA) are used to draw insights for establishing an ADR system in Korea. Chapter 3 provides a comprehensive analysis of the establishment and evolution of CAS, the primary model for international sports dispute resolution. The organizational structure, arbitration procedures, and criticisms of CAS are examined to understand their impact on global sports ADR system and their relevance to establishing a sports ADR system in Korea. Chapter 4 focuses on exploring ways to enhance Korea's sports ADR system, by evaluating the development and dissolution of KSAC, proposing specific measures to vitalize the sports ADR system in Korea based on lessons learned. Additionally, by examining and adopting effective international and domestic sports ADR systems, practical strategies for developing resolving sports-related disputes in Korea are presented, along with discussions on future research and development direction for lex sportiva.