The Issue of Voluntariness of Consent to Refer Disputes to the Court of Arbitration for Sport based on the Analysis of Its Status and Principles of Functioning

The article is devoted to the study of institutional and procedural problems related resolution conflicts arising in professional Olympic sports (elite sports). Modern sport seeks isolate itself from state international legal regulation, create its own system corporate standards, subjects which are organizations athletes. In order impart stability introduced rules, non-governmental leading world movement also their jurisdictional bodies (arbitration courts, so-called tribunals), purpose resolve disputes between athletes, on rules established by federations International Committee. central part this arbitration courts Sports Arbitration Court Lausanne (Switzerland), whose status analyzed detail paper.One main author pays attention, non-consensual, fact forced nature spread jurisdiction often combined with a prohibition (established act — for example, regulations federations) appeal under threat lifelong disqualification. Thus, structures that govern require athletes refuse exercise constitutional right access justice. But could an clause be considered valid if athlete did not give consent consideration his court (arbitration) choice jurisdiction, was forced? Unfortunately, practice shows most cases, when ignore ban apply national appealing against decisions Lausanne, latter make “political” take interests forces into account.