Just Sports Ireland* (Ireland)

Introductory
Arbitration has become the preferred method of dispute resolution across many strata of society and diverse areas of legal practice, in particular, commercial contract disputes, but not, of course, limited to them. Arbitration is also proving to be a very important tool to the sporting world because it can be completed quickly, quietly and confidentially in an often time-sensitive situation, where sports events and outcomes depend on rapid decisions. Witness, the rise of the
Court of Arbitration for Sport (CAS) in Lausanne, Switzerland, and the increasing number of sports disputes of various kinds being referred to this forum for settlement. Arbitrating sports issues - as opposed to litigating them - is essential because of the relative speed in which a hearing can be conducted and a decision made. The need for a specialised arbitral body,
designed specifically for resolving sporting disputes outside the ordinary court systems, has been seen to be necessary by sports bodies and sports persons alike.


‘Just Sports Ireland’
‘Just Sports Ireland’ (JSI) is a sports arbitration scheme, which will be available to Irish sports. The scheme has the full support of the Federation of Irish Sports. At the launch of JSI, Derek Brennan, President of the Federation, said:

JSI will, when established, provide an independent, accessible, efficient and affordable dispute resolution system, for sport, away from the glare and potentially crippling costs of the courts.”

The Bar Council of Ireland is also supporting the involvement of members of the Bar as arbitrators on a pro bono basis. The criteria for arbitrators are that they will be barristers, solicitors and arbitrators familiar with and/or experienced in some field of sports.
JSI has patterned its Rules and Regulations to follow the CAS model clauses. Simply put, it is intended that the arbitrations will be speedy, efficient and cost effective. The scheme is designed so that the parties, whether they are a sporting body or athletes, need not be represented by lawyers. They may represent themselves. Although costs are at the discretion of the arbitrator, the arbitrator is entitled to exercise his/her discretion, and make no award of costs, if that is appropriate to the circumstances of the case, after the parties’ submissions on the same.


There are dedicated arbitration rules and mediation rules of JSI. They are consistent with the sports arbitration rules of the CAS. If the parties have in their constitution or rules governing their sport, the right to appeal to CAS, then an appeal may be made from the JSI arbitrator to CAS. Otherwise, the decision/award of the arbitrator is final and binding on the parties, with no appeal.

It has been decided that, for the moment, anti-doping situations and employment disputes will not be handled by JSI. The major Irish sports bodies, such as the GAA, the FAI and IRFU (Gaelic Athletics Association, Football Association of Ireland and Irish Rugby Football Union) already have arbitration clauses upon which they rely, but JSI may later become the centre of choice for those bodies as well.

A major factor in designing JSI documents has been to place an emphasis on simplicity: simplicity in written documents; simplicity in making submissions; simplicity in appointing an arbitrator. All documents are written in simple English, in language easily understood by
laypeople, and all instructions are easily understood. The parties are able to use forms which they can pick up or download when they need to, and which they can fill in, using their own words, to put their case. If the party or parties need to give more information, they simply submit what they wish on additional sheets.

A primary objective of JSI is the speedy handling of claims, using Irish barristers, solicitors and arbitrators familiar with sport. The arbitrators will have the ability to act quickly if needed, as the Ad Hoc Division of the CAS does with disputes arising during the Olympic Games.

Further, JSI will be beneficial both to the Irish sporting world as well as to those younger or less experienced barristers who would like to learn the process of arbitration, in that this scheme will provide invaluable experience to young members of the Bar. More senior members of the Bar will mentor younger members, who will receive training in a field which is fast becoming a mainstream of legal practice.

The Bar Council of Ireland has enthusiastically agreed to set up a panel of qualified members of the Bar, who would be available to represent indigent parties, for example, young athletes (or even small NGB’s, national governing bodies) who do not have the means to afford legal representation, and where such representation is necessary to the parties.

Governing Body

I have the privilege of being appointed the first chairman of JSI, and I will be assisted by a distinguished board, all accomplished in their own fields and in the sport of their choice. These board members are:
Derek Brennan (Cricket)
Paddy Boyd (Sailing)
David Casserly Barrister-at-Law
Sinead O’Connor (Camogie)
Debbie Massey (Basketball)
Paddy Boyd (Sailing)
Jim Glennon (Rugby)

Mr. Finbarr Flood, former Chairman of the Labour Court and also a football and management professional for many years, will be the Chairman of the Arbitration Panel.

We have great expectations for JSI, and believe that this process will help to resolve sporting disputes and reduce, if not eliminate, the costs involved in the present system for the resolution of sporting disputes.

Acknowledgements

My thanks must go to those mainly involved in the setting up of JSI and the drafting of the JSI arbitration rules and mediation rules. In particular, I wish to thank Derek Brennan, Paddy Boyd and David Casserly.

Ercus Stewart


* Ercus Stewart, S.C. is a Senior Counsel (practising at the Bar since 1970, took “Silk”, Senior Counsel 1982). Mr. Stewart is a Chartered Arbitrator (CIArb, London), FCIArb - Fellow of the Chartered Institute of Arbitrators, London, Arbitrator with CAS/TAS,
Switzerland; Chairman JSI - Just Sport Ireland - He was instrumental in the formation of Just Sport Ireland, an Irish national sports dispute resolution body, as well as the Small Claims Arbitration Scheme. He is a lecturer in Arbitration Law and Employment Law in King’s Inns and University College Dublin (UCD). Mr. Stewart has authored three
books, Labour Law (1979), Arbitration, FirstLaw Limited (2003), Compensation on Dismissal, FirstLaw Limited (2007). He has also authored many articles and papers.