ASIAN COUNCIL OF ABITRATION FOR SPORTS

Transcription

1 ASIAN COUNCIL OF ABITRATION FOR SPORTS MINUTES OF THE FIRST MEETING OF THE FOUNDER MEMBERS OF THE ASIA COUNCIL OF ARBITRATION FOR SPORTS, DATED : NOVEMBER, 2010 SEOUL, KOREA The 16 th World Congress of the International Association of Sports Law was organised by the Korean Association of Sports and Entertainment Law from 24-28, November, 2010 at the Hanyang University, Seoul, Korea. The Congress was inaugurated by KIM, Chong Yang, the President of the Hanyang University, Korea, at Hanyang Institute of Technology building, 6 th Floor of the Hanyang University. Prof. PANAGIOTOPOULUS, Dimitrios, the President of the International Association of Sports Law, Athens, Greece, presented the Congratulatory remark after the inauguration and welcome speech of KIM, Chong Yang. Prof.YEUN, Kee-young, the President of the Korean Association of Sports and Entertainment Law addressed the opening address. Followed by the inaugural functions and addresses the Key-Note speeches were presented by PANGIOTOPOULUS, Dimitrios (President of IASL, Greece), Ms. CLEMENT, Annie (University of New Mexico, USA), HUNT, Ian (President, Australia and New Zealand Sports Law Association), COLANTUONI, Lucio, (University of Degli Studi Di Milano, Iteli), SHEVCHNKO, Vagan (Head, International Sports Law of the Department for Physical Culture and Sport, Moscow, Russia), LIU, Yan (Vice-President of China Sports Law Association, China), BORGES, Mauricio Ferrao Pereia (FELSBERG E ASSOCIADOS LAWYERS, Brazil), SAITO Kenji (Vice President of Japan Sports Law Association, Japan), Prof. (Dr.) KUMAR, Amaresh (Advocate, Supreme Court of India & Secretary General, Sports Law India and All India Council of Physical Education, India), MOULD, Kenneth (University of Free State, South Africa), SHOKRI, Nadar (President, Legal Commission of Olympic National Committee of Iran, Iran), FOKS, Jacek (Deputy Director, Polish Institute of International Affairs, Poland) and YEUN, Kee Young (President of the Korean Association of Sports and Entertainment Law, Korea). They all presented their paper on the

2 topic, Sports Law in the World Present and Perspective in relation to their Nation on the first day of the conference on 25, November On 26 November 2010 the second day of the session, all together, 60 (Sixty only) papers were presented by the delegates of the several countries as per the schedule and list enclosed with this minute. The topic, CAS and Sports Jurisdictional Order, Need for Constituting, Sports Arbitration Court of Asia the First Appellate Court of CAS was by presented Prof. Dr. KUMAR, Amaresh was very much appreciated by all the delegates presented in the Conference. It was felt my most of the Asian Delegates that since most of the Sports Law Experts are present in this Congress. A resolution shall be passed to formulate and constitute the, Sports Arbitration Court of Asia. As on the request of the Asian delegates present in the present Congress were called by YEUN, Kee Young, President of the Korean Association of Sports and Entertainment Law, a meeting was convened at the Lexington Hotel, Seoul on 26, November 2010 at 05:00 PM in room No The Following members attended the meeting: - S.No. Name Country 1. LIU, Yan China 2. Hon-Jun Ma China 3. Lin Zhu China 4. Jia-Si Luo China 5. Prof. Xiao-Shi-Zhang China 6. Zhi-Qiang Wang China 7. Zhongqiu Tan China 8. Xu-Feng Yan China 9. Bing Liang China 10. Weidong Tang China 11. Bao-Qing Li China 12. Zhe Jin China 13. Rihun WU China 14. Ji Jin China 15. Xiaoping Wang China 16. Yi Li China 17. Li Shen China

3 18. Yuan Gao China 19. Sung-Bae Kim China 20. Fa-Chao Ma China 21. Zhang Ruo China 22. Fei Gao China 23. Hua Rong Chen China 24. Yan Yan China 25. Boyuan Zu China 26. Shixi Huang China 27. Shuli Guo China 28. Yang Jin Yoon China 29. SAITO, kenji Japan 30. Takuya Yamazaki Japan 31. Kimihito Kato Japan 32. Yuki Mabuchi Japan 33. Felio J. B. Marteorell Japan 34. Taisukue Matsumoto Japan 35. Tomoyuki Kataoka Japan 36. Andy Hall Japan 37. YEUN, Kee Young Korea 38. Doo Hyun Kim Korea 39. Hye Seon Choi Korea 40. Seok Jung Shon Korea 41. Woo Yeul Baek Korea 42. Jae Kyoung Lee Korea 43. Sang Kyum Kim Korea 44. Gu Min Kang Korea 45. Dae Hee Kim Korea 46. Yun Chul Baek Korea 47. Jang, Jae Ok Korea 48. Ki Tae Kim Korea 49. Joo Jongmi Korea 50. SHORKI, Nader Iran 51. Jady Hassim Malaysia 52. Adnan Wali UAE (Ajman, Iraq) 53. KUMAR Amaresh Prof. (Dr.) India 54. PANAGIOTOPOULUD, Dimitrios (Special Invitee) President, IASL The meeting called in order, by the President, of IASL, PANAGIOTOPOULUS, Dimitrios, and the motion was moved by Joo, Jongmi, Secretary General of the Organising Committee of

4 the 16 th World Congress of the IASL, stating that during the Paper presentation by Prof. Dr. Amaresh Kumar, a need was felt my all the delegates that a fist Appellate Court of Arbitration for Sports was required at the continent level. As the Head of the CAS is at Lausanne, Switzerland. Which become some time very difficult and costly for the National Olympic Committee to approach due to the far off distance and cost effective to reach at Lausanne, for redressal of their disputes. She stated that if the First Appellate Court of CAS is established at every continents the NOC or the Sports Federation will be in the better way to settled their dispute first at their Continent Level Sports Arbitration Tribunal and in case of any party is not satisfied with the award of the Continental Level Sports Arbitration Tribunal then they can approach the CAS as final Court for Sports Arbitration. This will also minimize the interference of the local court to intervene in the disputes related with the Sports. She further informed that since, the Congress is also resolving to formulate one Law for Sports related disputes, so that the sports related disputes can be resolved in the light of the common law globally, like Lex-Sportiva world wide. It is the right time to begin with Asia at present since all most more than 50 Sports Lawyers from Asia are present in this World Congress of the IASL. The House unanimously resolved the move of Ms. Joo, Jongmi, as one of the ardent need of the time. In this regard Mr. SHORKI, Nader of Iran, informed that under Rule 59 of the Olympic Charter, it is mandatory for all the NOC or NSF to resolve any dispute arising from its execution or interpretation shall be settled by arbitration in accordance with the provision of CAS. But as rightly stated by Ms. Jongmi that, approaching every time to the CAS at Lausanne proves to be a costly matter, hence we shall constitute the, Sports Arbitration Tribunal of Asia. He further stated that in the list of the CAS Arbitrators and Mediators very few representation has been provided to the people from the Asian Continental region. As it shall be very important that a body shall be constituted at our own continental region. So that more people from Asia shall be included in the list of the Arbitrators and Mediators. He also

5 proposed to constitute a Council to control and look after the SATA. On the proposal of SHORKI, Nader, the House unanimously resolved to constitute a, Asian Council of Arbitration for Sports with in this house and elect some important Board of Governors to process the functions of the, Asian Council of Arbitrator for Sports, here in after named as, ACAS in short. The following members were elected in the Governing Body of the, Asian Council of Arbitrator for Sports :- Prof. YUEN, Kee Young of Korea was unanimously elected for the Post of the President of the ACAS on the proposal of KENJI, Saito, of Japan. Prof. Dr. KUMAR Amaresh, of India was unanimously elected for the Post of the Secretary General of the ACAS, whose name was proposed by TAKUYA, Yamazaki of Japan and LUI, Yan of China. Prof. YUEN, Kee-Young, proposed the name of SHORKI, Nader, of Iran for the Post of Secretary Finance, an his name was proposed by Prof. YAN, Xufeng of China. The house unanimously, approved the name of SHORKI, Nader to be elected on the Post of the Secretary General. After the election of the President, Secretary General and Secretary Finance, the house resolved and wish from these three Board of Governors to go through the draft agreement related to the Constitution of the Asian Council of Arbitration for Sports & Sports Arbitration Tribunal of Asia to present before the house and the meeting was adjourned for tomorrow. On 27, November 2010 the above listed members attended the meeting in the Lexington Hotel, at Seoul, Korea at 08:00 AM. Prof. PANAGIOTOPOULUS, Dimitrios suggested that since now ACAS has been constituted with its Board of Governors and Prof. YEUN, Kee-Young is now the President of your ACAS, it will be in order that Prof. YUEN shall preside the meeting of the ACAS. This proposal of Prof PANAGIOTOPOULUS was unanimously welcome by the all the members of the ACAS.

6 Prof. YEUN, Kee-Young, accepted the request of the house and Presided the meeting on 27, November He call the meeting in order after expressing his thanks to all the members for showing their confidence in him and his team. He assured all the members that he will work for the cause of Asian Council of Arbitration for Sports in all the possible way. Prof. YEUN, Kee-Young, the President asked Prof. Dr. AMARESH KUMAR to read the draft agreement of ACAS and SATA. Prof. Dr. Amaresh Kumar, read the draft Agreement of the ACAS and SATA before the members. The house resolved to approve the draft prepared by the three members of the Board of Governors and the same was approved. Some of the members of the China and Japan stated that the draft agreement of ACAS and SATA shall be circulated to all the ANOC and Governmental Authorities of the Asian Countries to consider the same for their acceptance like the agreement of the International Council of Arbitration for Sports and Court of Arbitration for Sports. For which the house authorized Prof. Dr. Amaresh Kumar to communicate as per the requirement so that every ANOC, ANSF and Government shall agree and accept as the Common Law of the Sports Dispute Redressal Mechanism in the Asia. The Secretary General assured the members that all the effort would be taken to get the agreement signed by the Asian National Olympic Committees, Government Authorities and Sports Federations affiliated by the International Sports of Sports. The members desired that after receiving the response from all the related bodies the meeting to sign this ACAS and SATA might be organised next year in India. The Secretary General desired that since the Head Quarter of the ACAS and SATA will be at Seoul in Korea. It is desired that a Joint Secretary shall be appointed from Korea who shall be keeping the entire track between the President and all the members, Specifically the Secretary General. The proposal of the Secretary General was approved unanimously and the house authorized the President to choose the Joint Secretary of his

7 confidence. The President suggested the name of Prof. Joo, Jongmi, and the Organising Secretary, of this Congress, whose work was appreciated in the organization of this 16 th World Congress of the IASL to a grand success. The house approved the name of Joo, Jongmi as Joint Secretary of the ACAS. The President of ACAS Prof. YEUN, Kee-Young, assured the Secretary General to provide all the financial help in the functions of the ACAS as its head. He further stated very soon he will procure a permanent office of ACAS in Korea with all office equipments. He desired that all the members shall co-operate in the promotion of the objectives of the ACAS and SATA, in accordance with the Olympic Charter, so that the Sports shall be promoted in the fullest scene, for human development, protection of the human rights of the Athletes, peace and equality. The meeting was called to an end by a vote of thanks proposed by Prof. Dr. KUMAR, Amaresh, Secretary General of the Asian Council of Arbitration for Sports to the Chair, all the members present and specially to PANAGIOTOPOULUS, Dimitrios, President of the IASL. DATED : 27, November, 2010 PLACE : Seoul, Korea Signature.. PRESIDENT Prof. Dr. YUEN, Kee-Young Faculty of Law, DONGGUK UNIVERSITY President, Korean Association of Sports & Entertainment Law, Pildong 3-Ka 26, Chungku, , Seoul, Korea Tel: kyyeun@dongguk.edu Signature.. SECRETARY GENERAL Prof. Dr. Amaresh Kumar Advocate, Supreme Court of India, 18, Central Lane (Basement) Benglai Market, New Delhi, Pin , INDIA, Tel : Mobile: dramaresh@sportslawindia.info

8 AGREEMENT RELATED TO THE CONSTITUTION OF THE ASIAN COUNCIL OF ARBITRATION FOR SPORT (ACAS) between 1. The Olympic Council of Asia 2. The National Associations of Sports Law in Asian Continents 3. The members National Olympic Committees of Olympic Council of Asia represented by their President. 4. The members of National Sports Organisations in Asia recognised by International Sports Organisations recognised by International Olympic Committee by their President. It will be preliminarily stated that, with the aim of facilitating the settlement of disputes in the field of sport in Asia, an arbitration institution entitled the Sports Arbitration Tribunal of Asia (hereinafter the SATA) has been created, and that, with the aim of ensuring the protection of the rights of the parties before the SATA and the absolute independence of this institution, the parties decided unanimously to create a Foundation for Olympic Council of Asia called the Asian Council of Arbitration for Sports (hereinafter the ACAS), under the aegis of which the SATA will henceforth be placed.

9 IN VIEW OF THE ABOVE, THE PARTIES EXPRESSLY AGREE TO THE FOLLOWING: Article 1 The parties agree to constitute and set in operation the Asian Council of Arbitration for Sports (ACAS). Article 2 The founder members of the ACAS are appointed from the Asian continental region in the 16 th World Congress of International Association of Sports, on 27 th November 2010 at Seoul, Korea, as follows: S.No. Post Name 1. President Prof. Yeun, Kee Young, Professor of Law, Dongguk University in Seoul, & President of Korean Association of Sports and Entertainment Law 2. Senior Vice-President To be elected latter in next meeting 3. Vice-President To be elected latter in next meeting 4. Secretary General Prof. Amaresh Kumar, Advocate, Supreme Court of India & Secretary General Sports Law India and All India Council of Physical Education 5. Secretary Finance Shorki, Nader, President, Legal Commission of Olympic National Committee of Iran, Iran. 6. Executive Members To be elected latter in next meeting

10 Article 3 The parties agree mutually and vis-à-vis the ACAS to finance its activities and those of the SATA to the extent determined by the ACAS and according to the following proportions: 1. 50% of the initial funding will be born by the Korean Association of Sport and Entertainment Law % remaining funding will be born out by the membership of the National Sports Law Association of the Asian Continental Regions. 3. The members ANOC of OCA desiring to take the services of the ACAS and SATA will have to pay Euro 500 as membership fee and Euro 100 per annum. The above-mentioned parties shall be informed of the amounts of the subscription to be paid to the ACAS and this notification shall be accompanied by a copy of the budget duly approved by the ACAS. Article 4 Any Asian National Olympic Committee of Sport Federation or association of Federations may sign the present Agreement or accede to it under the conditions determined as agreed between the parties. Article 5 The present Agreement is for an indefinite period; each party has the right to terminate the Agreement at any time for the end of a

11 calendar year, by giving notice two years beforehand by registered letter to the Secretary General of the ACAS and all the other parties. In such case, the present Agreement ends only insofar as it concerns the outgoing party, the other parties agreeing herewith to assume all the obligations and rights of the outgoing party with immediate effect on the day of termination, in proportion to their own rights and obligations, with no further action or formal notice required. Article 6 The present Agreement is subject to laws of Rule 59 of the Olympic Charter. Any dispute arising from its execution or interpretation shall be settled by arbitration in accordance with the provisions of the CAS. Seoul, November 27, 2010 Signed by : The preamble of the Agreement states that with the aim of facilitating the resolution of disputes in the field of sport in Asian Continental Region, an arbitration institution entitled the Sports Arbitration Tribunal of Asia" (hereinafter the SATA) has been created, and that, with the aim of ensuring the protection of the rights of the parties before the SATA and the absolute independence of this institution, the parties have decided by mutual agreement to create a Foundation for sports-related arbitration in Asian Continental Region, as the it is not pecuniary possible all the National Olympic Committee of the Olympic Council of Asia to approach CAS at Lausanne constituted by the International Council of Arbitration for Sport (hereinafter the ICAS),

12 SEOUL DECLATION FOR SPORTS LAW 16 WORLD CONGRESS INTERNATIONAL ASSOCIATION OF SPORTS LAW The 16 th World Congress of the International Association of Sports Law was held on a topic, Sports Law in the World Present and Perspective from 25 th to 28 th November 2010, at the Hanyang University, Seoul, Korea. On the successful deliberation of the Congress following declaration were made the Congress: - 1. THAT, Autonomy in the functioning of All the National Olympic Committee and National Sports federations shall be interfered by the Government or Judicial authority of any country. The National Olympic Committee and National Sports Federation shall be permitted to discharge their functions as per their own Constitution, Bye-laws respecting the Olympic Charter and Provisions of their International Federations, for the protection of the Human Rights and dignity of Athletes, Peace, Equality and Promotion of Sports and Physical well being of the humanity in the Globe. 2. THAT, a Globally Common Sports Law, shall be accepted by all the Countries with the aim of ensuring the protection of the rights of the National Olympic Committee and National Sports Federations by maintaining absolute independence of their Institutions of Sports complying the provisions of the Rule 59 of the Olympic Charter. 3. THAT, with the aim of facilitating the resolution of disputes in the field of Sports in Asian Continental Region, an arbitration Institution entitled the Sports Arbitration Tribunal of Asia shall be created. As it is not pecuniary possible for all the National Olympic Committee of the Asian Countries to approach the Court of Arbitration at Lausanne, constituted by the International Council of Arbitration for Sports.

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