Summary:
Ιn the system of sport dispute resolution, it has been proven that in parallel with the ordinary jurisdiction, a system of special jurisdictional bodies of sport dispute resolution has been internationally developed, a "justice organique", with the form of arbitration. (pg.72, Panagiotopoulos, 2006). The concept of arbitration is mentioned by Homer (p. 28, Panagiotopoulos, 2006, ), an institution known from the ancient times to the Greek interstate law, first form of justice (p. 29, Panagiotopoulos, 2006).The implementation in nowadays of the arbitration depending on the jurisdiction as in force in each country refers to the will of the parties with a specific agreement. On the basis of this agreement, disputes are resolved by the appointment of arbitrators under the terms of the agreement. (Greece: Greek Code of Civil Procedure, articles 867 et seq.). In Sports, as form of agreement are considered the articles of association applicable only for the members of the Club but not for a third party who may be involved with the sports, as such as the athlete or the coach. The Greek legislature (article 131 par. 1&2 of Law. 2725/1999 as in force today) for sport dispute resolution determines by a Law jurisdictional bodies or Committees of the Sports Clubs with the obligation of inclusion of a relevant provision in their articles of association, regulations and proclamations of the games taking place in the context of the professional associations, sports unions or federations. Moreover, the Greek legislature determines that in case such provision is not written therein, it is considered as ipso facto included, with the in parallel exclusion of the respective sphere of competence of the ordinary courts, thus modifying the relevant article of Greek Code of Civil Procedure regarding arbitration. On the merits, the Greek legislature imposes the compulsory Arbitration (D. Panagiotopoulos, 2006). The present dissertation includes the following objectives:
1) the athletic legal order and jurisdiction and the presentation of the institution of arbitration, the form and nature of the agreement as an accession agreement, in conjunction with the Constitutional provisions as in force and the Greek legal order as well as the imposition of sport dispute resolution in the light of both bibliography and jurisprudence. 2) the investigation of potential alternative legislative interventions for the sake of appropriateness and lawfulness of sport dispute resolution both in the field of the disputes of the sphere of Lex Sportiva, as well as in the general field of sport law and the Greek constitutional legal order (art. 8 in conjunction with art. 16 par. 9 of the Greek Constitution) in view of identifying the "natural judge" in Sports. The investigation finally concludes to answering to the hypothesis whether within the framework of athletic legal order, the sport jurisdiction and in specific the accession agreement (art. 131 par. 1 and 2 of law 2725/1999) guarantees the substantial and objective judicial judgment, with a fair trial in Sports, within the framework of the legal order and the Constitutional provisions, or if the configuration of another legal system of sport jurisdiction, as it has been argued by the respective science, by theestablishment of a Sport Tribunal with a special sports procedural framework of dispute resolution, is required. This Court, being integrated to civil and administrative courts respectively, may be exclusively competent for the sport dispute resolution. This Court may, due to its structure of organization, guarantee the impartiality, the substantive trial and the implementation of the procedural rights of the parties that constitute the concept of legal protection, which citizens and persons involved in sports are entitled to.
