A study in favour of the arbitration of sport disputes in Malta

Abstract

The research project's main aim is to look at the situation in Malta as regard to decision making and disciplinary rules in relation to sports law. The research project starts by the true definition of sports, the nature of sports and how it helps each and every individual to grow within a society. Like any other social activity, sport rules are to be followed; therefore in this long essay one discusses whether the legal system in Malta is safeguarding the rights and obligations of each participant. In enforcing law in sports, one tries to achieve sports justice rather than civil justice and this is portrayed throughout the research project. The system used in Malta in relation to dispute resolution arising from disputes is scattered and this makes it difficult for uniform decisions to be taken. Throughout the years the need for something new and innovative was felt. Such need is not only felt by athletes but also by legal professionals working in this field. In this analysis one finds a comparison of the local system to foreign systems in relation to sports for better results to be achieved. It seems that other legal systems have opted for arbitration and other forms of alternative dispute resolutions, which have made this area a more respected field in its own right. By comparing and contrasting the methods being used, one could conclude whether a reform is required in the legal system of Malta or not. Finally, if the need of something new is required, this research project will shed light on what is expected to be achieved. Furthermore, this study would examine how the new system would be working in practice and in relation to the International Court of Arbitration for Sports.