Theory of International Sports Arbitration Law Applicable
Zhang Hua
Abstract
Zhang Hua
Abstract
Currently,international sports arbitration law apply characterizes simplification,it causes counter to party autonomy basic principles,leading to the lack of judicial supervision and security of arbitration, prompting recessive injustices formation.Exploration and reform of international sports arbitration application of law is definitely necessary.The procedural law applicable,international sports arbitration rules appropriately apply international sports arbitration court rules of arbitration,and the arbitration procedure law apply the rules of the actual location of arbitration,In the substantive law applicable,ordinary arbitration procedures applies law the parties chose,the party did not choose or reach agreement situations,applies the law the arbitration tribunal think proper or determine in accordance with the most significant relationship principle,the priority arbitration procedure of appeal is lex choice of law,otherwise,apply law of the country who makes the decision.Such design,can seek the best balance between justice and efficiency value in arbitration.
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Currently,international sports arbitration law apply characterizes simplification,it causes counter to party autonomy basic principles,leading to the lack of judicial supervision and security of arbitration, prompting recessive injustices formation.Exploration and reform of international sports arbitration application of law is definitely necessary.The procedural law applicable,international sports arbitration rules appropriately apply international sports arbitration court rules of arbitration,and the arbitration procedure law apply the rules of the actual location of arbitration,In the substantive law applicable,ordinary arbitration procedures applies law the parties chose,the party did not choose or reach agreement situations,applies the law the arbitration tribunal think proper or determine in accordance with the most significant relationship principle,the priority arbitration procedure of appeal is lex choice of law,otherwise,apply law of the country who makes the decision.Such design,can seek the best balance between justice and efficiency value in arbitration.
Key concepts: Arbitration, Law, Appeal, Tribunal, Compulsory arbitration, Choice of law, Political science, International arbitration