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Le consentement dans l'arbitrage des litiges sportifs

Abstract : Consent in the arbitration of sports’ litigation clearly highlights the important changes which in economic domain, that affect the pillars upon which regulations are laid. The unilateralism of sports authorities is noticeable as they breach the rule of bilateralism by which a peaceful merge of consent may likely lead to agreements. Private sports authorities fascinated by efficiency grasp and own consent as to serve their interest; therefore the arbitration process thoroughly diverted from its target likely slips onto economic ground. Agreement which is laid upon such consent rhymes with economic contracts. The certainty of the effects attached to such consent impairs the legitimacy of the arbitration process. The court judge has finally appreciated and approved that view and that is exciting. However, a thorough legitimation of the arbitration process is the TAS arbitrators’ responsibility.
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Submitted on : Thursday, October 15, 2015 - 1:01:09 AM
Last modification on : Tuesday, May 26, 2020 - 6:50:47 PM
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  • HAL Id : tel-01215802, version 1



Elie Yamdjie. Le consentement dans l'arbitrage des litiges sportifs. Droit. Université Nice Sophia Antipolis, 2013. Français. ⟨NNT : 2013NICE0023⟩. ⟨tel-01215802⟩



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