Introduction:
Sports arbitration in India has emerged as a crucial mechanism for effectively resolving disputes within the sports community. With a diverse and complex sporting landscape, encompassing various levels of sporting bodies and a wide range of issues, the need for specialized arbitration processes has become evident. This comprehensive article delves into the current state of sports arbitration in India, its trajectory, notable CAS awards originating from India, challenges faced, and the viability of international sports arbitration within the Indian landscape.
A. The Sports Landscape in India: Understanding the structure of sporting bodies in India is crucial for comprehending how sports arbitration operates. Sporting bodies operate at the district, state, and national levels. District Sports Federations (DSFs) govern sports at the district level, setting regulations that bind DSF member athletes. DSFs are members of State Sports Federations (SSFs), responsible for organizing state-level competitions. At the national level, the Ministry of Youth Affairs and Sports (MYAS), Asian Sports Federation (ASF), and International Sports Federation (ISF) recognize a National Sports Federation (NSF) for each sport.
Despite the growth of a global sports arbitration regime, India still faces challenges such as match-fixing, doping, and franchise scandals. The autonomy of certain sports bodies, such as the Board of Control for Cricket in India (BCCI), creates ambiguity and emphasizes the need for an effective dispute resolution mechanism.
B. Trajectory of Sports Arbitration in India: The development of sports arbitration in India can be traced back to the establishment of the Indian Court of Arbitration for Sports (ICAS) in 2011. ICAS aimed to create a robust dispute resolution mechanism for sports-related disputes. However, one of the major drawbacks has been the lack of a specialized sports dispute resolution mechanism. Disputes often follow a path involving internal commissions, followed by traditional litigation in courts, resulting in time-consuming processes.
Recognizing the need for improvement, the Ministry of Law and Justice took a significant step in 2021 by establishing the Sports Arbitration Centre of India (SACI). SACI envisions serving as an independent body for the expedient and efficient resolution of sports disputes. Supported by the Ministry of Law and Justice, SACI ensures a higher level of accountability in the dispute resolution process.
C. CAS Awards Originating from India: While the jurisprudence surrounding CAS in Indian sports is limited, several reported CAS awards have originated from India. These awards have addressed various issues, including anti-doping appeals, recognition of National Sports Federations, challenges against International Sports Federation regulations, and player-club salary disputes. Notable cases include:
- IAAF vs Athletics Federation of India & Ors: This case involved anti-doping appeals and highlighted the responsibility of athletes to ensure the safety of the food supplements they consume.
- Indian Hockey Federation (IHF) vs International Hockey Federation (FIH): A dispute between two organizations claiming to be the National Sports Federation for hockey in India. The CAS upheld the recognition granted by FIH to Hockey India.
- Dutee Chand vs Athletics Federation of India & Anr.: A landmark case challenging International Association Athletes Federation (IAAF) regulations on Hyperandrogenism. CAS suspended the regulations, leading to the introduction of new eligibility regulations.
- Club Royal Wahingdoh FC v. Othello Banei: This case involved outstanding salary dues of a Nigerian football player. The CAS held that it had no jurisdiction to intervene due to improper impleading of parties.
D. Challenges and Viability of International Sports Arbitration in India: While sports arbitration holds promise in India, certain challenges need to be addressed to enhance its viability. These challenges include the lack of awareness and education about sports arbitration, the need for specialized arbitrators with expertise in sports law, and the establishment of an effective enforcement mechanism for CAS awards.
Collaboration between sporting bodies, legal experts, and institutions promoting sports law education is necessary to raise awareness and build a pool of qualified arbitrators. Additionally, legislative and policy reforms should be considered to ensure the enforceability of CAS awards in Indian courts.
Conclusion: Sports arbitration in India is gradually evolving into a comprehensive mechanism for resolving sporting disputes. The establishment of SACI and the increasing number of CAS awards originating from India are positive steps toward creating an efficient and specialized sports dispute resolution process. By addressing challenges and fostering collaboration, India can strengthen its sports arbitration framework and contribute to the growth and integrity of sports in the country.