In the Dominican Republic in 2011, the Committee The Dominican Olympic under the presidency of Luisin Mejia Oviedo put into operation the Court of Arbitration in the Center for Conflict Resolution of Santo Domingo.
In this article it will be given. to know & iquest; What is the legal basis for that decision in light of the General Sports Law 356-05? What has been the progress in sports justice in our country since the creation of the Arbitration Court? is this the decision according to what was established. the Dominican legislator in said Law?
The first thing we need to clarify is what arbitration? It is an expedited process, it refers to an alternative conflict resolution, in plainer language it is when two or more people agree to choose an impartial third party voluntarily and can settle their differences without having to go to ordinary justice, which is a private process.
When you analyze the General Sports Law 356-05, verifies that the decision of the Committee The Dominican Olympic on sports arbitration lacks any legal basis, the first thing we have to point out is that what the law mandates in chapter XXIV, is the creation of the National Sports Tribunal, which means the constitution of a specialized jurisdiction. Article 130 establishes the scope of said court, which is all the organizations and people that make up the national sports system; that is, professional, Olympic and amateur.
Unlike arbitration, known commercially, the parties have to agree to choose an impartial third party. In the subject in question it is not necessary because it is a mandate of the law, although the same uses the word arbitration it is to establish the scope of competence of said court, it is everything concerning sports and expeditious, which does not transgresses public order.
The person responsible for putting this specialized jurisdiction into operation is the Supreme Court of Justice, to guarantee effective judicial protection and universal principles of rights.
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This justice must be It is free as established by the Dominican Constitution, which is not the case of the Conflict Resolution Center of Santo Domingo, which is private.
Although the COD established sports arbitration in fact and law is outside the law, advances in sports justice are practically non-existent, although this led to to place in all the statutes of the federations the figure of the court of arbitration. it was ignored The creation of the disciplinary code and procedure, which in light of events reflects a simple formality, but in practice most federations are unaware of the figure of the arbitration tribunal, and quite the contrary, they prefer that their internal conflicts go to ordinary justice, because that way they buy time by giving it an image of legality.
They have reached the point where presidents of federations have submitted their athletes to justice ordinary, this not only constitutes an abuse of power typified in the law, but also a disregard of its own regulations.
With a marked difference, the Court of International Arbitration (CAS), which is the pioneer of sports justice and its headquarters are located in Lausanne, Switzerland, is a private initiative, even so, the Swiss federal justice supervises that the awards issued by that court comply with the universal principles of justice. In the case of our country, it is a legal mandate for the creation of said jurisdiction; therefore, the official body is the judiciary
Dr. Juan Francisco Puello Herrera, professor and expert in arbitration, corroborates that what was established in the General Law of Sports, was a jurisdiction It is specialized, not an arbitration court.
Do you know, dear reader, how many awards has the Arbitration Court created by the COD issued? None, I will not a value judgment, but you draw your own conclusions if we could call it justice.