National Sports Arbitration (UK)

Arbitration is a private dispute resolution process in which the parties consent to the final and binding determination of their dispute by a panel of independent and expert arbitrator(s). It is governed by the 1996 Arbitration Act and is managed in accordance with Sport Resolutions’ Arbitration Rules or the applicable rules of the sport body.

An independent arbitrator, or panel of three arbitrators, is appointed with the consent of the parties. Proceedings may be conducted under the relevant rules, regulations, or contracts applicable to the dispute, or under an ad hoc arbitration agreement entered into by the parties.

The parties submit written arguments and evidence according to a timetable agreed with the arbitrator(s). A hearing may be held, either in-person or remotely, during which evidence is presented and witnesses may be cross-examined. Following the hearing, the arbitrator(s) issue a detailed written award, which is final and binding on the parties.

To commence arbitration, the parties to a dispute must consent to bring the matter to Sport Resolutions. This is typically achieved by one of two ways:

• Such agreement may be automatically incorporated into a relevant regulation, rule or contract or pre-existing contract.
• The parties may enter into an ad hoc arbitration agreement.

A contract between the parties which binds them to the arbitration process. It usually sets out the applicable rules, the nature of the dispute, the names of the parties, how the costs of the tribunal will be shared and other factors such as the number of tribunal members. Sport Resolutions has a standard arbitration agreement template to assist the parties in drawing up an agreement.

The claimant or appellant files a notice of arbitration setting out the nature of the dispute and the remedy or outcome sought, the name and addresses of all parties to the arbitration, and a copy of the relevant rules and contract clause or arbitration agreement which confers jurisdiction on Sport Resolutions (SR). Depending on the nature of the case SR then check our panel list to identify individuals with relevant skills. After conflict reviews and availability checks we then inform the parties of who the appointed members are. A party can still object to an appointment if it believes there might be a conflict of interest.

Once appointed, the chair of the panel of arbitrator(s) holds a directions hearing (which can be virtual) in which a timetable is set for filing documents with the panel. The date, venue and length of the hearing is also set. The directions are usually confirmed in writing by way of a Directions Order.

Throughout the process Sport Resolutions acts as independent secretariat to the panel and all communication with the panel is made through the Sport Resolutions office.

Sport Resolutions maintains an extensive list of arbitrators with knowledge and experience of sport and the commercial and regulatory environment of sport. It is from this panel that SR makes its appointments, with SR making the appointments rather than the parties. By taking this approach, the appointed tribunals are completely independent of the parties. A party may object to an appointment if it believes there might be a conflict of interest.

Sport Resolutions’ Arbitration Rules provide for the parties to opt for a sole arbitrator or a panel of three. The chair of an arbitration panel will always be legally qualified and wing members come from a broader range of professional backgrounds.

The Arbitration Rules provide for flexibility in how the arbitrators are appointed. The parties may ask Sport Resolutions to appoint arbitrator(s) with specific skills or experiences or alternatively they may choose from a list of arbitrators which is provided by us.

Arbitration hearings are held in private, and attendance is restricted to those directly involved in the proceedings. Hearings are normally held at the International Dispute Resolution Centre (where SR’s office is based) at 1 Paternoster Lane, St Paul’s, London, or at any venue that the parties agree between themselves.

Each party will have its own private breakout room, and will meet in the hearing room, in front of the panel, to give evidence and oral submissions.

In addition to in-person hearings, we also offer the option for online or hybrid hearings if preferred by the parties.

Arbitration awards are normally given in writing, with detailed reasons. They are distributed by e-mail to the parties. Arbitration awards are only published if the parties agree to do so, or if the applicable rules allow.

The cost includes the fees and expenses of the arbitrator(s), the administration fees of Sport Resolutions and any costs for hiring a hearing venue or third party services, such as live transcription service. Fees vary depending on factors such as the number of arbitrators, the skillset required, the length of the hearing and the number of files that need to be read by the panel in advance of the hearing.

Fees will be lower if an oral hearing is not necessary. Parties are responsible for their own fees for legal representation before the panel. Additional charges will be made for additional hearing days. Parties are free to agree how costs are to be split irrespective of outcome.

Any right of appeal will be determined on what was agreed between the parties involved in the arbitration process or any appeal clause or provision in the applicable rules that govern the process.