Scholarly record

RESOLUTION OF SPORTS RELATED DISPUTES: THE UNITED STATES OLYMPIC COMMITTEE

M. Kamenecka-Usova, LL. M.

Abstract

The present article shall be devoted to the analysis of the regulation on the resolution of sports related disputes by the United States Olympic Committee (hereinafter referred to as “the USOC”). The research is made in the frames of the author’s doctoral study on alternative disputes resolution methods for resolving sports related disputes. The research is based on empirical-analytical group of the research methodology. The following sections shall be presented: the introduction; the role and functions of the USOC; the analysis of the sports related disputes notion and types of sports related disputes; the regulation of USOC on the sports disputes resolution; the conclusion. The essence of the results of the research: 1) the USOC is responsible for the training, entering and funding of United States teams for the Olympic, Paralympic, Youth Olympic, Pan American and Parapan American Games, while serving as a steward of the Olympic Movement throughout the country; 2) two primary responsibilities of the USOC in its oversight of Olympic and Paralympic sport in the United States can be highlighted: 1) to generate resources in support of its mission, which is to help American athletes achieve sustained competitive excellence, 2) to ensure organizational resources are wisely and effectively used to that end; 3) sports related disputes are the disagreements between the subjects participating in sport relations regarding the mutual rights and obligations, as well as disputes arising out of the non-sport relationship, but which have an impact on the rights and responsibilities of athletes as the subjects of sports relations; 4) seven main types of sports related disputes can be highlighted; 5) The 36 U.S. Code § 220509 prescribes that the USOC shall: • establish and maintain provisions in its constitution and bylaws for the swift and equitable resolution of disputes involving any of its members and relating to the opportunity of an amateur athlete, coach, trainer, manager, administrator, or official to participate in the Olympic Games, the Paralympic Games, the Pan-American Games, world championship competition, or other protected competition as defined in the constitution and bylaws of the corporation; • hire and provide salary, benefits, and administrative expenses for an ombudsman for athletes, who shall (1) provide independent advice to athletes at no cost, (2) assist in mediating disputes, (3) report to the Athletes’ Advisory Council on a regular basis. 6) The 36 U.S. Code § 220529 states that a party aggrieved by a determination of the USOC may obtain review by any regional office of the American Arbitration Association under the procedure stated in the § 220529. The main conclusion is that the USOC has its own unique way of dealing with sports related disputes, where many countries, for example authors homeland Latvia, does not prescribe any of such a procedure what leaves a sportsman unprotected and bewildered if such a dispute occurs. The more detailed conclusions shall follow in the article.

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