Arbitrability of Sports Disputes in the Field of Sports Marketing in the International Legal System

Document Type : Original Article


Payame Noor University, Iran.


Arbitrability or the ability to refer disputes to arbitration is a concept that clarifies the scope of litigation that can be referred to arbitration as a private method of resolving disputes. The issue of arbitration may arise at different stages of the proceedings. Complaints of non-arbitration in sports marketing disputes may be made directly to the sports dispute arbitration tribunal. If the arbitral tribunal finds such an objection, it will prevent the proceedings by issuing an order or ruling; Otherwise, the arbitral tribunal may recognize its jurisdiction by issuing a separate judgment or only by continuing the proceedings. The main question of the present study is that given the laws and procedures of international jurisprudence and arbitration in sports dispute arbitration in the field of sports marketing, what is the law to execute in this regard? Based on the result of the study, it is revealed that governments, because of their respective public policies, tend to apply their law to arbitration. The New York Convention of 1958, which is considered to be the most important arbitration convention to date, recognizes this tendency of States . The arbitral tribunal shall seek a separate solution other than that provided for in the International Arbitration Conventions and the UNCITRAL Model Law. Nonetheless, if the institution pays attention to arbitration theory, it will encounter several scattered ideas.