Research on the Substantial Public Orders in Judicial Review of Sport Arbitration

The sport arbitration awards by the Court of Arbitration for Sport (CAS) can only be appealed to the Swiss Federal Tribunal.The judicial review of sport arbitration practice of the Swiss Federal Tribunal shows that reasonable public orders are the essential widely recognized values in Switzerland, but the suspension sanction because of doping does not violate the economic freedom principles.Appellants should quote specific articles and precedents to prove why arbitration award violates the public orders.Disciplinary sanctions are the main type disputes in sport arbitrations, Swiss Federal Tribunal should make a judgment on considering whether there is an alternative method, whether the sanction met the requirements of principle of proportionality, the unbalanced position between athletes and sport organizations, and different values behind the sport competitions.China should establish independent sport arbitration system, the courts should review the sport arbitration awards strictly.