List of Articles اختلافات ورزشی

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  1 - An introduction to the resolution of football disputes in the Iranian and international system
  morteza shoaei hojat erab sheybani
  10.30495/alr.2022.1957288.2342
   Field and Aims: Football has been commercialized and turned into an industry over time. The importance and global impact of football has led to large investments in this sport, which may lead to disputes. This form of disputes is known as sports disputes, and in t More

   Field and Aims: Football has been commercialized and turned into an industry over time. The importance and global impact of football has led to large investments in this sport, which may lead to disputes. This form of disputes is known as sports disputes, and in the current research, we seek to investigate what is the origin of football disputes. And what methods are foreseen in the Iranian system and the international system to solve it?Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: Sports disputes are a type of disputes that refer to professional sports that are directly in the field of sports law and include the rules governing sports, the organization of clubs, establishing discipline in the territory of each sport in order to force Athletes and those involved must obey the decisions and observe the limits and limitations of sports activities and observe the foundation of ethical principles. Sports disputes in the field of football may be criminal or legal (due to civil liability or violation of contractual obligations).In Iran's legal system, there are two ways to resolve sports disputes, one of which is through judicial authorities and the other is through quasi-judicial authorities (self-regulation). Regarding football, according to the provisions of the legal pillar in the constitution of the football federation and also the judgment of the Supreme Court of the country, handling the lawsuit is within the jurisdiction of the judicial pillar of the federation. In the international arena, there are institutions to resolve sports disputes. These authorities include football confederations, FIFA Dispute Resolution Authority and the Court of Arbitration for Sport.  Manuscript profile
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  2 - Resolving disputes in the procedure of the International Court of Arbitration for Sport
  morteza shoaei
  10.30495/alr.2023.1977130.2507
  Field and Aims: Dispute resolution through arbitration in the domestic and international arena has revolutionized the dispute resolution system. In the meantime, sports disputes are not excluded from this and an international court has supported this structure. Based on More

  Field and Aims: Dispute resolution through arbitration in the domestic and international arena has revolutionized the dispute resolution system. In the meantime, sports disputes are not excluded from this and an international court has supported this structure. Based on this, in this article, we will examine what is the position of dispute resolution in the procedure of the International Court of Arbitration for Sport. Method: This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner. Findings and Conclusion: Creating a specialized authority to resolve international disputes and providing a flexible, fast and low-cost procedure led to the formation of the Sports Arbitration Court. From the very beginning of its establishment, it was clear that the jurisdiction of the court should not be imposed on athletes or federations, but should be freely available to the parties. The statutes and regulations of the court have provided only one type of dispute proceedings, regardless of the nature of the dispute. The procedure of the court is first based on compromise, and if no peace is reached, proceedings are carried out in order to issue an arbitration award. In 1994, this structure underwent changes, and these changes included the creation of two arbitration divisions (regular arbitration division and appeal arbitration division) in order to create a clear distinction between exemplary disputes and disputes resulting from a decision taken by a sports body. Also, in the rules of this court, the cases that the court has the jurisdiction to deal with have been enumerated. Manuscript profile