Debating Issues and Legal Interpretation on the Scope of Acceptance of Sports Arbitration

Regarding the provisions of Article 92 of the new Sports Law on the scope of sports arbitration, there is currently a divergence between restrictive interpretation and expansive interpretation in both theoretical and practical circles. The core of the debate is whether sports commercial contract disputes and employment contract disputes in the sports field should be included within the scope of sports arbitration. The professionalism and technicality inherent in sports autonomous norms imply that the resolution of disputes in sports legal relations relies on specialized dispute resolution mechanisms, as this is the methodological basis for interpreting the scope of sports arbitration. Drawing from the experiences of CAS and sports-developed countries, it is observed that the scope of sports arbitration generally includes sports commercial contract disputes, and employment contract disputes in the sports field are not explicitly excluded from the jurisdiction of sports arbitration institution. From the perspective of historical interpretation, determining the scope of sports arbitration needs to align with international experience and maintain open. Bringing sports commercial contract disputes and athlete employment contract disputes into the scope of sports arbitration is embedded in the wording of Article 92 of the new Sports Law, which will help avoid potential system conflicts with Article 96 of the new Sports Law and aligns with the legislative purpose of the new Sports Law and its chapter on Sports Arbitration.