The Coordination of Jurisdiction Boundaries in Chinese Sports Arbitration from the Perspective of Multiple Laws
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Graphical Abstract
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Abstract
Law of the People's Republic of China on Sports(2022 Revision) has introduced many innovative provisions for sports arbitration, significantly advancing the governance of sports disputes, with jurisdiction being a core issue. Due to overlapping jurisdictions, there are intersections between the jurisdiction of sports arbitration and surrounding dispute resolution mechanisms.From the perspective of multiple laws, such as the “Arbitration Law of the People's Republic of China,” “Law of the People's Republic of China on Labor-dispute Mediation and Arbitration,” and “Civil Procedure Law of the People's Republic of China,” this study analyzes the coordination of jurisdiction boundaries in sports arbitration in the country and achieves a “triple coordination” of jurisdiction between sports arbitration and surrounding dispute resolution mechanisms: 1) Inter-jurisdictional coordination aims to determine the jurisdiction boundaries of commercial arbitration, labor arbitration, and sports arbitration. It involves considering the legal nature and relational structure of the disputed matters to clarify the separate jurisdiction and concurrent jurisdiction of these three mechanisms. 2) Spatial coordination aims to determine the jurisdiction boundaries between three types of sports dispute resolution mechanisms: internal sports organizations, domestic, and international. The core objective is to establish exclusive jurisdiction, sequential order, and the principle of autonomy, to achieve accurate jurisdictional allocation and ensure proper division among these mechanisms. 3) Procedural coordination aims to determine the jurisdiction boundaries between mediation, arbitration,and litigation in sports dispute resolution procedures. The core objective is to clarify the inclusion and supervision relationships between the three: ediability, arbitrability, and justiciability. Based on this, the jurisdiction boundaries of sports arbitration in China can be effectively delineated, and a coordination plan with surrounding dispute resolution mechanisms can be proposed from a comprehensive perspective of multiple laws.
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