Dispute Resolution In The Sports Industry. Part 1 | Oluwatobiloba Adesemowo

Dispute Resolution In The Sports Industry. Part 1 | Oluwatobiloba Adesemowo

is often said that as long as relationship is being established, dispute is
inevitable. For as long as we interact with each other as humans in our daily
routine, there is every likelihood to have disagreements, different opinions
and ideas which could bring about dispute; however, the beauty is ensuring that
disputes are resolved amicably. To facilitate a fast and easy means of settling
dispute especially in the sports industry, it has been encouraged that the
Alternative Dispute Resolution mechanisms should be adopted.  

are various types of disputes that can emanate from the sports industry because
of the large size of the industry and based on the area of specialization of
the athletes or personnel. These disputes include but not limited to sports
commercial disputes, on-field of play disputes, contractual disputes and
organizational/ institutional disputes. It is no doubt that the Alternative
dispute resolution (ADR) is utilized to resolve a variety of sports-related
dispute which could come in various forms as mentioned earlier.

provides parties with fair, independent, and impartial forums to resolve
disputes. The most common forms of ADR proceedings are mediation and
arbitration. An increasing number of sports organizations are including mediation
and arbitration as the primary means for resolving disputes that arise on the
field of play as well as commercial business matters.[1]ADR
can provide quick, private, and fair dispute resolution among sports atheletes
and sports organization which has been made evident in various circumstances
using the Court of Arbitration for sports as an example.

is a flexible, time and cost efficient mechanism that helps parties in sports
disputes to come to practical and satisfactory solutions. Parties benefit from
having a neutral forum for resolving an international dispute through a single
procedure. ADR can be set up in a way that facilitates efficient enforcement of
the outcome. It is interesting to note that other independent bodies asides the
CAS has found it important to create a platform to help sports athletes resolve
disputes amicably.

 One of such bodies is the World Intellectual
Property Organization which is based in Geneva Switzerland with various ADR
options in particular arbitration and mediation for the resolution of
international commercial disputes between private parties. WIPO’s ADR services
for specific sectors include dispute resolution advice and case administration
services to help resolve disputes in the field of sports.[2]

the efforts of the WIPO is very much appreciated, we shall subsequently be
looking at the jurisdiction the CAS and examine the need for a sports tribunal
to help facilitate ADR mechanisms.

Oluwatobiloba Adesemowo

“Tobi is a tax and sports
lawyer. He is currently a management strategist at Lagos Tigers Football Club.
He is also a tax associate at SIAO partners. During his leisure, he loves to
research on sports and tax related issues.”

American Arbitration Association journal on using adr to resolve collegiate,
professional, and sports-business dispute

last accessed on 23rd Nov.2019

Persuading The Client And The Other Side To Engage In Mediation | DmediationLawyerist

Persuading The Client And The Other Side To Engage In Mediation | DmediationLawyerist

To make the decision whether or not to have
a case or dispute proceed to mediation requires;
understanding of the process; what mediation actually entails and its different

appreciation of possible outcomes to the dispute outside a negotiated
knowledge of the strength of the legal case or of the client’s  position.
An understanding of the true value of the
case to the client in terms of;
– efficiency
the client really wants to achieve if he can
the remedy available from the court (even if achievable) can provide what is
actually needed.
Without this information, you will not be
able to assess whether the decision to permit the client to mediate is correct.
A Mediation Advocate is tasked with the
responsibility of tactical decisions in managing a claim or its defence and to
also answer two basic questions;
the case suitable for mediation?
the case ripe for mediation?
To ascertain precisely when to call for
Alternative Dispute Resolution (ADR), there are a number of questions a
Mediation Advocate must consider and they are as follows;
he have enough information about the claim, its defence, any cross claim or
third party entanglement?
the parties know and understand the issues being raised by each other?
each party at least know its own version of the facts?
the Mediation Advocate have a proper understanding of the client’s needs?
the potential cost saving such that mediation should be attempted as early as
possible- even before proceedings have been issued?
As mediation processes become more
sophisticated, the Mediation Advocate must consider whether mediation is a better
vehicle for settlement of issues than early neutral assessment or expert
determination or the executive mini-trial and the awareness must be there that
a reference to ADR by the court does not mean mediation or bust.
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*
more info –
us on Facebook Page: fb.me/dmediationlawyeristng
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Is Mediation as expensive as Litigation?

Is Mediation as expensive as Litigation?

A small number of cases are intrinsically
unsuitable for mediation although very experienced Mediators and Mediation
Advocates would say that the following under listed may still be mediated at
some stages of the proceedings;

Where the parties wish the court to
determine issues of law or construction which may be essential to the future
trading relations of the parties, as under an on- going long term contract, or
where the issues are generally important for those participating in a
particular trade or market.
Similarly, where a party wants the court to
resolve a point of law that arises from time to time, and one or more parties
consider that a binding precedent would be useful.
Cases involving allegations of fraud or
other disreputable conduct against an individual or group, which are unlikely
to be successfully mediated because confidence is lacking in the future conduct
of that party.
Cases where injunctive or other relief is
essential to protect the position of a party.
Where a party actually does have a
watertight case, since summary judgment procedure in the court would be
The cost of mediation can be a factor of
particular importance where the sums at stake in the litigation are small.
Mediation can sometimes be as expensive as
a day in court, as the parties will often have legal representation and the
mediator’s fees and other disbursements are usually being borne equally by the
parties regardless of the outcome.
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*
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The Benefits Of Mediation Over Litigation (iii)| DmediationLawyerist

The Benefits Of Mediation Over Litigation (iii)| DmediationLawyerist

It is usually less expensive than
litigation which goes all the way to judgment.
Mediation provides litigants with a wider
range of solutions than those that are available in litigation; for example, an
apology; an explanation; the continuation of an existing professional or
business relationship perhaps on new terms.

It can create an agreement by one party to
do something without any existing legal obligation to do so.
It is desirable to be able to control the
outcome of the dispute rather than have it imposed upon you, potentially
leaving both parties dissatisfied by the experience.
The absence of a trial not necessarily
wanted by both parties has its advantages; reduced costs, no full trial preparation,
the litigation is not so protracted and the absence of findings of fact that
might subsequently be used by one of the parties.
Generally, there is a very speedy
Those interests which are of real
importance to either or both parties will not be obscured by technical or legal
issues advanced by the lawyers within the framework of the litigation.
There may be no real point in trying to
fight a legal principle where the determinative legal issues are already well
One or both parties may have good reasons
to avoid the publicity which potentially at least is always thrown up by
litigation whether at a local or even national level.
Footnotes:* Standing Conference Of
Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law (LMDC) 2007*
The LMDC Practice Direction on Mediation Procedure* The Multi Door Courthouse
Code of Ethics for Mediators* Guidelines For Enforcement Procedure *Guidelines
for Court referrals to Alternative Dispute Resolution *Principles of
Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation Advocacy
by Andrew Goodman.*
For more information –
us on Facebook Page: fb.me/dmediationlawyeristng

Tanimola Anjorin –  An exposè on the Arbitration procedural stages

Tanimola Anjorin – An exposè on the Arbitration procedural stages

Arbitration as a better alternative to litigation: An
exposè on the procedural stages[1]
Alternative Dispute Resolution (“ADR”) simply refers to any means of
dispute resolution excluding litigation in a courtroom.  It is a form of
facilitated settlement, which is confidential and without prejudice. 
Consequently, the details of the process are not usually disclosed to the
public except where it snowballs into a court action.

The laws governing arbitration in
Nigeria include the Arbitration and Conciliation Act (“the Act”)[2],
which is a federal law, Lagos State Arbitration Law 2009 (“the Lagos Law”) and
some other states’ arbitration laws.
This paper seeks to examinethe procedural stages in arbitration,one of
the most common ADR mechanisms,
and the reasons which
make arbitration a better alternative to litigation. 
provides a forum for participants to present arguments and evidence in support
of their case, to a third party neutral who makes a binding decision called an
award. It is a process controlled by a single arbitrator or a panel of
arbitrators appointed by the parties.
of the parties to a contract may adopt arbitration where an arbitration clause
is contained in the agreement, and a dispute arises in relation to it.Where
there is noarbitration clause and the parties desire is to proceed to
arbitration, a consent to arbitration via submission agreement may be entered
by the parties.
expeditious disposal of cases in arbitration stems from the less formal
procedure adopted in arbitral proceedings.The procedure for initiating and
conducting arbitration are spelt out in the arbitration rules to be found in
the First Schedule to the Act. 
of the advantages of arbitration is that the disputants have consensually
chosen their own private “judge” called the arbitrator(s)[3].
The arbitral tribunal determines the venue of the hearings after due
consultation with the parties. Where there are three or more arbitrators,
decision is by majority. Therefore, an odd number of arbitrators is advised. 
commences with a notice to commence arbitration being sent by an aggrieved
party to the other party.In the course of arbitration proceedings, request for
more information, discovery of documents and visits to relevant location may be
done. However, to ensure expeditious disposal of the matter, all of these
issues would most likely be narrowed down during pre-hearing review. 
tribunal listens to the oral statements and questioning of the witnesses of
both parties(cross examination)as examination-in-chief may be in form of
witness statements on oath. Also, expert witnesses may be called by the parties
to render their opinions on issues in dispute.This may be pruned down during
pre-hearing review as the parties are likely to distill witness of facts and
expert witnesses.
proceedings are not however regulated by formal rules of evidence as stipulated
in the Evidence Act thereby resulting in less formal and flexible proceedings.
ensuring an expeditious process in arbitration, some basic procedures are adopted
which endears the business world to arbitration instead of litigation:
first step in any arbitral proceedings is to constitute the arbitral panel.This
can either be provided in the arbitration agreement or conducted in accordance
with the Act[4]. In any
case, there can be no arbitration without an arbitrator and an arbitrator must
be appointed to conduct the reference. Once the arbitrator is appointed he must
be clothed with jurisdiction.
Jurisdiction is the authority to arbitrate
upon the dispute between the parties.
The arbitrator is only authorised to
exercise the jurisdiction and powers conferred on him by the parties.
jurisdiction is derived from the agreement of the parties i.e. the issues
submitted to him for determination or from Statute. The arbitral tribunal is
competent to rule on its jurisdiction[5].
mainpurpose of a preliminary meeting is to plan the expeditious and efficient
conduct of the arbitration. Arbitration is a broad spectrum where innovations
and variety are not only encouraged but lauded:
arbitral tribunal may, subject to this Act, conduct the arbitral proceeding in
such a manner as it considers appropriate so as to ensure a fair hearing”[6].
overriding procedural obligations of an arbitration tribunal in conducting a
reference include:
(i)    complying with the express mandate, if any,
laid down by the parties;
(ii)   conducting the process fairly and even-handedly;
(iii)  using all reasonable dispatch in entering on, proceeding
with the reference and making an award.
meeting therefore cannot be held until:
(i)    The tribunal has been appointed;
(ii)   The tribunal has been provided with the
information as to the principal issues between the parties although this can
sometimes be dealt with at the preliminary meeting;
(iii)  Administrative fees, where applicable, have
been paid; and
(iv)  The impartiality of the arbitrators have been
checked, where necessary, and the result made available to all.
is imperative that adequate preparations be made well ahead by the arbitrators,
the parties and their advisers before the preliminary meeting. Issues like the (i)
(ii) time[8],
(iii) transportation arrangements for the arbitrators and other sundry issues must
be addressed in order to have a successful meeting and most importantly, a well-drawn
up agenda.
advance of the preliminary meeting, the parties should also try to identify the
matters to be dealt with and, if possible, agree on the procedure and any
directions to be sought from the tribunal. If agreement is reached, this will
save time and costs at the preliminary meeting itself and may even render such
meeting unnecessary.
is preferable except in very simple cases to hold a pre-hearing review before
the hearing and after all the preliminary meetings. This helps to save time and
costs at the hearing because the pre-hearing review helps the arbitrator and
the parties clarify all outstanding issues so that by the time they go into the
hearing they can go through them on a day-to-day basis and finish in a short time.
The matters to be discussed at the pre-hearing review will vary depending on
what has transpired at the preliminary meetings (if any).
The choice of proceedings to be adopted depends on
the facts of each case[9].
Where parties do not
choose or agree on any type of hearing, the tribunal chooses the type of
It is better for the parties to agree
on the type of hearing to be adopted where there is a serious dispute over
relevant facts. The proceedingat trial may take the form of:documents only where there are no oral testimonies to support
the claim;documents only with brief oral final submissions; or documents only
with only experts in attendance to give oral testimony before the arbitrators
“Documents Only” method is
agreed, then the “issues” need
to be framed with more precision than when any other form of proceedings is
Procedure Hearing:
is only suitable for “quality”
dispute requiring some summary decision,i.e,“look
and sniff”
cases.  Each party usually
bears his own costs.
Procedure with Hearing:
is for disputes that require examination
or cross-examination of witnesses of fact.
  This evidence is usually partly oral and partly documentary.
The tribunal must consider whether a Scott Schedule[11]
is desirable.
It must
be noted that the procedure adopted determines the length of the hearing.
procedure adopted must not contravene the provisions of the applicable law and
procedural rules:
“…the Claimant to state the fact
supporting his Points of Claim, the points at issue and the relief or remedy
sought by him whilst the respondent is to state his Points of Defence in
respect of the particulars unless the parties have otherwise agreed on the
“required elements of the Points of Claim and Defence.[12]
tribunal and parties must consider such factors as the complexity of the matter
and the nature of the dispute in ensuring that they adopt the most suitable
procedure. Disputes with little factual details may be best suited to the
Statement of Case procedure by mere exchange of correspondence; e.g. quality
disputes which are tobe determined on expert evidence only while pleadings may
be best suited to cases involving complex issues of law.
tribunal is to determine the time for exchange of written statements. In any
case, the law provides that the time must not exceed 45days except if
arbitration proceedings the parties agree on an “Agreed Bundle” of documents,
which constitutes the documents to be referred to during the hearing. The arbitrator
will direct the parties to meet and agree on the bundle within a specified
time. This also helps to fast track proceedings.
The Evidence Act excludes
arbitration from its application[14].
This is not to say however that rules of evidence do not apply to arbitration.
In fact, the rules of evidence are wider than what the Evidence Act provides
and they apply to arbitration to enable the arbitrator come to a reasonable
decision on the evidence before him. It should be noted that Section 15 (3) of
the Actconfers powers on the arbitral tribunal to determine the admissibility,
relevance, materiality and weight of evidence placed before it[15].
The reason for this provision is to play down as much as possible the recurrent
technicalities that surround the rule of relevancy and admissibility under the
Evidence Act.
numerous advantages of arbitration over litigation include a faster and cheaper
means of dispute resolution, utmost privacy of the issues between the parties[16]amongst
others. While litigation has been shown to give room for frivolous techniques, arbitral
proceedings have been sped up byadmitting written statements in place of
opening and closing speeches
, admitting depositions made by
witnesses of fact and inviting such witnesses only for cross-examination. In
addition,admitting reports prepared by experts while they appear only for
cross-examination,using a Scotts Schedule.
Other ways to save time at the
hearing are:
Defining the Issues
arbitrator should direct, at the outset, that a list of issues be agreed and
delivered to the arbitrator a reasonable time before the hearing, and that
failing such agreement each side delivers a list of what it considers to be the
issues. The procedure for defining the issues vary according to the nature and
complexity of the dispute.
Proofs in advance
arbitrator may require that proofs of all witnesses be exchanged, and copies
delivered to the arbitrator, before the hearing.
Selected before Hearing
The arbitrator
may require that the documents to be referred to at the hearing be selectedbefore
the hearing, and this should be the responsibility of the advocate who is to
conduct the case.  The arbitrator should also
direct that:
(i)      The consolidated bundle(s)
of the documents selected should be delivered to the arbitrator by a specified
date before the hearing;
(ii)      At the hearing all the
documents so submitted shall be taken as read (because he will in fact have
read them); and
(iii)      At an appropriate stage
the arbitrator will specifically consider the question whether a substantial
number of irrelevant documents has been selected, and if so whether a special
order should be made in respect of the additional costs thereby occasioned.
frontloading system and the case management conference in the rules of court[17]
can be likened to the preliminary meetings, pre-hearing sessions, defining
issues and exchanging proofs and written statements obtainable in arbitration
proceedings. The introduction of these similar concepts in the rules of court
and a fast track division is to ensure efficient and speedy dispensation of
justice but the bureaucracy in the system has prevented the system from making
any remarkable achievements. Even the motion for summary judgment in the rules
which shouldn’t take more than 2weeks to hear and determine usually suffers the
same fate as the cases on the general cause list.
is the duty of the arbitral tribunal to adopt
procedures suitable to the circumstances and to avoid unnecessary delay and
The parties must also cooperate by doing all things necessary
for the proper and expeditious conduct of the proceedings as cost may be
awarded against any party that foists any sort of delay tactics in the course
of the proceedings.
proceduresin arbitration sessions examined above have proved effective and
efficient in the expeditious disposal of arbitral cases, thereby endearing the business
community and the public in general to the choice of arbitration over
litigation. The adoption of arbitration either by an arbitration clause or
submission agreement has become more popular as people are coming to terms with
the fact that arbitration constitutes a better alternative. It is also an
amicable method of dispute resolution enabling the parties to maintain their
business relationships.

[1]Tanimola Anjorin
holds a bachelor’s degree in History and International Studies from Lagos State
University. He thereafter obtained a Bachelor of Laws degree from Lagos State
University and was called to the Nigerian Bar. He is also an Associate of the
Chartered Institute of Arbitrators (UK) Nigeria Branch.
[2]1988 Cap. A18 LFN 2004.
[3]Where the parties to an arbitration
agreement do not provide for the number of arbitrators to be appointed, section
7 of the Act provides that the number of arbitrators shall be deemed to be
[4]Section 6 of the Act provides for
the number of arbitrators to be appointed in the event that the arbitration
agreement is silent on this issue while Article 6 – 8 of the Arbitration Rules
in the First Schedule gives a detailed procedure to be adopted in the
appointment process.

[5]This is laid down in the popular case ofCOMPETENZ v COMPETENZ. See also section
12 of theAct and Article 21 of the Arbitration Rules in the First Schedule to
the Act.

[6]Section 15(2)of the Act.
[7]Section 16 of the Act.
Section 17
of the Act.
[9]  Section 20(1) of the Act
[10]See Article 15 of the Arbitration
Rules in the First Schedule to the Act.
[11]In arbitration sessions, parties
bring numerous claims and issues which make the arbitral proceedings appear
like litigation. In order to avoid this, the tribunal may resort to the use of
the Scott schedule. The Scott schedule is essentially a table with inputs from
both the claimant and respondent. The claimant sets out hisargument first, and
then the schedule is passed to the respondent to set out his responses. The
main objective of the Scott schedule is for the issues in disputes to be
presented as clearly as possible, thus saving time, reducing cost and
conserving efforts.
[12]  Section19 the Act.
[13]See Article 23 of the Arbitration
rules in the First schedule of the Act.
[14]  Section 256(1)(a) of the Evidence Act 2011.
[15]See also Article 25(6) of the
Arbitration Rules in the First Schedule of the Act.
[16]Article 25 (4) of the Arbitration
rules provides: “Hearing shall be held in
camera unless the parties agree otherwise
[17]Order 3, 5 and 25 of the High Court
of Lagos State (Civil Procedure) Rules 2012.

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