Court centrale: Establishing an alternative dispute resoulution system for sports in the Philippines
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ID: 286449
2018
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Abstract
This thesis will show the need to create an Alternative Dispute Resolution System for Sports Disputes in the Philippines by creating a public and private commission on sports dispute resolution. Sports Law and Alternative Dispute Resolution System (‘ADR’) are the biggest trends in international law today. The former is a novel concept while the latter is a progressive and efficient mode of settling disputes. Leading countries in Sports like the United States, China, United Kingdom, and Canada recently went away with litigation and adopted ADR as their primary mode of settling of sports disputes. These countries consider ADR as the appropriate and expeditious remedy for resolving sports disputes. In the Philippines, Sports is a cultural phenomenon. In basketball alone, Philippines is one of its biggest supporters in the world other than the United States and China. Here, you will find a covered basketball court every park, village, or barangay. Furthermore, most Filipino citizens are ‘experts’ in sports. Clearly, Sports, has been culturally enshrined in every Filipino. However, for the past decade, the status of Philippine Sports has been continuously declining. Since the 2007 South East Asian Games medal tally, the Philippines has been ranked fifth to seventh out of eleven countries. In the Olympic games, it has never won a gold medal. The national sports facilities and training centers are well below par than our ASEAN neighbors like Singapore, Thailand, Malaysia, and Indonesia. Our love for sports did not translate to such results. Currently, the Philippines has two main governing bodies in sports, the Philippine Olympic Committee (‘POC’) and the Philippine Sports Commission (‘PSC’). The former has supervisory powers over its member National Sports Associations and representation of the Philippines in the Olympic games. On the other hand, the PSC manages all the funds allocated for sports and creation of programs for its development and promotion. More importantly, current laws relating to sports in the Philippines are inadequate and inefficient to protect Filipino athletes. In Section 3 (m) of the POC by-laws, it provides that all intra-NSA Disputes or violation of its Code of Ethics will be subject to Arbitration. Here, the Arbitrators are not appointed or chosen by the parties because the Panel is composed of the Ad Hoc Committee of the POC. It is a well settled ruled in Arbitration that the parties in an Arbitration Proceeding should have the freedom to choose its own arbitrators. While, R.A.
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| Authors | Mendoza, Justin Zosimo D. |
| Journal | Malay Journal |
| Year | 2018 |
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