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ADJUDICATION OF SPORTS DISPUTES IN KENYA – HOW THE SPORTS DISPUTES TRIBUNAL CAN ACHIEVE ITS OBJECTIVES

  • SIMON
    SPORTING SPIRIT LEGAL...

The attitude of the Courts around the world has, in general, been to shun interventions in sports disputes, except in very special and limited circumstances. One such body offering this form of extra-judicial dispute resolution of sports disputes is the Court of Arbitration for Sport. This article will review the creation, composition, jurisdiction as well as the challenges that the nascent Sports Disputes Tribunal in Kenya will face in its formative stages. It will then give two broad proposals on what the Sports Disputes Tribunal needs to do in order to succeed. The proposals are based on an analysis of the early successes as well as failures of the Court of Arbitration for Sport (hereinafter called the “CAS”) on the international plane. The Discussion will then posit that in most aspects, the Sports Disputes Tribunal will need to adopt the modus operandi used by the CAS and strive for the goodwill such as that enjoyed by the CAS in order to rise above the ordinary levels occupied by other quasi-judicial tribunals in Kenya

SHIVAJI, S. 2015, ADJUDICATION OF SPORTS DISPUTES IN KENYA – HOW THE SPORTS DISPUTES TRIBUNAL CAN ACHIEVE ITS OBJECTIVES.

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Tags: Sports Law,