The Legal Conflicts in Assessing the Validity of Mandatory Arbitration Clause in Sports: Implication for the Legislation of Sports Arbitration in China

The study, with the arbitration rules and practices of CAS, analyzes the legal conflicts in assessing the validity of mandatory arbitration clause in sports.It holds that the key solution lies in promoting the international legal system to identify the special nature of the settlement of sports disputes, and reach a consensus through legislation; at the same time, relevant courts should review the impartiality of sports arbitration awards instead of being overcritical of removing the mandatory feature in sports arbitration clause.The legislation of sports arbitration in China should approve the validity of the mandatory arbitration clause in sports, and stipulate that "the parties object to the validity of the arbitration agreement in the arbitrary proceedings" is a precondition when people's court accepts the arbitration cases related to assessing the validity of mandatory arbitration clause in sports and the case on recognition and enforcement of foreign sports arbitration awards.The future Sports Arbitration Rules of China should make sure that the arbitration content in entry form is not a necessary condition concerning the existence of arbitration consent to protect the right of athletes properly.