Counselor Osama Al-Saedy: Arbitration in sports law is not coercive

SME
Counselor Osama Al-Saidi indicated that the Supreme Constitutional Court settled in its rulings that arbitration may not in any way be compulsory to submit to the mechanism of one of the parties, as arbitration is always and never the source of the agreement between two parties in an existing dispute between them, and it is determined in this agreement whether the decision issued in the dispute Ending the litigation between them whether or not, so if the decision is not terminating the litigation or if it is devoid of binding force, then this decision is not an arbitration act.
Counselor Osama Al-Saidi added that the Sports Law promulgated by Law No. 71 of 2017 in Articles (20 and 23) provided for resorting to the Sports Settlement and Arbitration Center, except for the provision in the same law in Article (67) of it that the jurisdiction of the Settlement and Arbitration Center is based on a condition Or a sports arbitration contract that comes based on a regulation of a body or a regulation related to a sporting activity, and in this case the center is competent when it has jurisdiction, and this text has a clear meaning in that the jurisdiction of the Center for Settlement and Arbitration in sports disputes is not obligatory.
Counselor Osama Al-Saidi stressed that the Egyptian constitution guarantees in Article No. (97) the right of every citizen to resort to his natural judge, and that resorting to arbitration is an act based on freedom of will and choice, and does not impose coercion. The parties to the dispute. In this case, the sports dispute is not held for the Center for Settlement and Arbitration, and the parties to the dispute may not be deprived of resorting to their natural judge for judicial protection.