The Judicial Role in Determining Jurisdiction for the Settlement of Sports Disputes

The motive for this research arises from the compelling necessity of legal studies to focus on the recent developments surrounding the sports disputes which raised over the legislative structure of the sports law and the regulation of sports dispute resolution center from constitutional and legal problems that prevented the continuation of this center in the settlement of sports disputes in Egypt. despite the importance of its existence to keep pace with the emerging changes on the international level. The judicial decisions have established a basic jurisprudence extending the constitutional protection of the right to exercise sports to the right to resolve its disputes in accordance to consistent procedures with the Constitution and law, and established the rules of competence of sports disciplines, and distribution standards or determining this competence according to the nature of the dispute and in compliance with international standards in the determination of the criteria of competence in the settlement of sports disputes. Through following the Comparative analytical approach, this research concluded that the lack of jurisdiction of sports dispute resolution centers over administrative disputes, and the inadmissibility of appealing their rulings before the Court of Arbitration for Sport (CAS). Jurisdiction over the resolution of sports disputes lies with economic courts, while administrative courts have jurisdiction over sports disputes involving the state or one of its entities. There is a need to strike a balance between recognizing the specific nature of sports disputes and their international and regional dimensions, on one hand, and safeguarding national economic and social interests, while also respecting judicial jurisdiction rules and maintaining the boundaries between national and international governing jurisdictional rules, on the other hand. And therefore, the following recommendations could be made: The establishment of courts, or at least specialized judicial chambers, for sports disputes, and the amendment of sports legislation to establish precise standards for the definition of disputes, distinguishing between national and international disputes, and resolving the issue of jurisdiction over national and international disputes.