Arbitration: New Book on ‘Access to Justice in Arbitration’

By Prof Dr Ian Blackshaw

A new Book on ‘Access to Justice in Arbitration’ has been published on 13 November 2020.

The Book has been edited by Leonardo Oliveira of Royal Holloway London University and Sara Hourani of the University of Middlesex, United Kingdom, and an illustrious array of international experts in the field of Arbitration, including practitioners and academics, have contributed to the Book.

The Publishers are Wolters Kluwer and further details of the Book, including a Table of Contents and List of Contributors, will be found by logging onto: https://lrus.wolterskluwer.com/store/product/access-to-justice-in-arbitration-concept-context-and-practice/.

Of particular interest to readers of the ‘Sports Law and Taxation’ website is that the Book includes a Chapter on ‘Access to Justice in Sports Arbitration’.

This Chapter has been contributed by the author of this Post, who, amongst other things, is a Member of the Court of Arbitration for Sport (CAS). Needless to say, various aspects of the contribution of CAS to sports arbitration feature and its proceedings are explained in this Chapter. CAS has now been operating for more than 36 years and handles around 550 arbitration cases each year.

The Chapter also includes a review of the leading European Court of Human Rights (ECtHR) Decision of 2 October 2018 in the combined cases of Claudia Pechstein, the German Olympic speed skater, and Adrian Mutu, the former Romanian professional footballer, In this case, Pechstein and Mutu unsuccessfully challenged the independence and fairness of CAS in relation to the right to a fair trial, which is guaranteed by Article 6.1 of the European Convention on Human Rights.

However, Pechstein was awarded by the ECtHR the sum of €8,000 for breach of her right to a public hearing before CAS, which she had requested but was not granted.

In the light of this ruling, the CAS procedural rules (the CAS Code of Sports-related Arbitration) have been revised to allow a hearing in public, where requested by the parties, in certain circumstances.

The other Chapters on Arbitration in the Book will also be of much interest to readers of this website, who favour Arbitration as an Alternative Form of Dispute Resolution (ADR) for the effective settlement of disputes in a timely and relatively inexpensive manner.

Prof Dr Ian Blackshaw may be contacted by e-mail at ‘ian.blackshaw121@gmail.com’