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Dispute Resolution Secretariat (Tribunal)
Arbitration
Arbitration employs a neutral third party to hear the evidence and decide for the disputants how their conflict should be resolved. Arbitration tends to be more structured and formal than mediation. Unlike mediation, arbitration will bring finality to the dispute whether the parties agree or not; an arbitrator's decision is, and is meant to be, final and binding on the parties to the dispute. Indeed, the decision of the arbitrator may not accord with the resolution suggested by either party, but it will nevertheless be final.
Arbitration offers the following advantages:
- Compared to mediation, arbitration provides the certainty of a resolution, even if parties to the disputes no longer talk to each other;
- Compared to a court battle, arbitration is less costly and much quicker.
The most important disadvantage of arbitration is that the decision will be in favour of a party and leave the other party deeply unsatisfied. As a result, the arbitration process may not lead to parties preserving their relationships, Quite evidently, it is not an ideal situation when disputes arise within a group of people that will undoubtedly have to work together again, as is the case in most sports-related disputes.
In the Download section, you will find a template of a contractual arbitration clause for insertion into contracts, agreements or policies, as well as two versions of an arbitration agreement template. An arbitration agreement is necessary in the following cases:
- When the contract subject to the dispute does not provide for med/arb clause (standard agreement);
- When the parties wish to settle their dispute by way of med/arb and no med/arb clause providing for such a proceeding exists (standard agreement);
- When the parties wish to bypass the internal appeal process of a sport organization (agreement with waiver).
