论强制性体育仲裁中的法律冲突

The Conflict with Law When Applying Compulsory Arbitration in Sports Dispute

运用仲裁法学、民法学、民事诉讼法和国际仲裁的基本原则与相关理论对国际体育界推崇的体育争端的强制性仲裁实践进行分析与研究,认为(1)体育争端的强制性仲裁理念来源于国际奥委会对世界体育公正的若渴心理;(2)强制性仲裁条款的缔结使得在一些层面生成了多种法律冲突;(3)有效的抑制该法律冲突是实施最佳化体育仲裁的必要手段。

After studying and analyzing the implementation of compulsory arbitration, which is now praised highly in the international sports world in solving sports disputes, and by applying the principles and relative theories of the arbitral law, civil law, and civil procedural law, we have come to the conclusion that (1) the idea of applying compulsory arbitration in solving the sports disputes first came from the eagerness of the IOC for fair play in world sports. (2) The implementation of compulsory arbitration treaties has had a lot of conflicts with the laws in many respects. (3) To control efficiently the conflicts with laws is the necessary means in implementing the best sports arbitration.