美洲杯帆船赛纠纷解决机制的启示

Mechanism for settling disputes in the American Cup Sailing Games

美洲杯帆船赛是一项古老的赛事,是世界上影响最大的4项赛事之一。美洲杯帆船赛的纠纷解决机制经历了一个从无到有,并逐步发展完善的过程。美洲杯评判委员会是一个将仲裁庭与国际评判委员会合并的新的机构,既是一个评判适用规则的委员会,同时履行一个仲裁庭的职能。美洲杯帆船赛纠纷解决机制对参赛者实施强制仲裁,仲裁程序灵活快捷,仲裁员选任上考虑各方的代表性,并且排斥法院的司法审查,处理了大量的纠纷,得到参赛各方的广泛认可。我国体育纠纷解决方式尚不成熟,可以借鉴美洲杯帆船赛纠纷解决机制的一些经验。

The American Cup Sailing Games is an ancient sports event, one of the 4 most influential sports events in the world. The mechanism for settling disputes in the American Cup Sailing Games has experienced a course from being born to being gradually developed and perfected. The referee committee of the American Cup is a new institution that integrates arbitration court with international referee committee. It is a committee that judges applicable rules, and also performs the functions of an arbitration court. The American Cup arbitration mechanism has settled a lot of disputes, being widely accredited by various game participants. In China the sports dispute settling mode is still not mature, so we can refer to some experiences of the mechanism for settling disputes in the American Cup Sailing Games.