L'applicabilite de l'article 6 de la Convention Europeenne des Droits de l'Homme a l'arbitrage sportif
The applicability of Article 6 of the European Convention on Human Rights to sports arbitration

Summary/Abstract: Professional athletes have always had other ways to address the courts for the resolution of their claims. For a long time, this aspect was ignored, but practical reality has brought to the attention of sports forums and the press the procedural framework made available to athletes and its compliance with the requirements of the right to a fair trial. This paper deals with the jurisprudence of the European Court of Human Rights in the field of sports arbitration. The first part of the paper is dedicated to the landmark judgment in which the Court established the general principles regarding the application of Article 6 of the Convention in sports arbitration: Mutu and Pechstein v. Switzerland. In the second part, I analyse the direction in which the Court's jurisprudence is heading in this matter, especially in light of a fairly recent judgment in the case of Semenya v. Switzerland. The analysis focuses on the particularities of the right to a fair trial in sports arbitration and starts from the arbitral forums before which the claims formulated by high performance athletes are judged. Beyond the procedural guarantees that are ensured to these claimants, this paper also deals with the extent of appeal routes before state courts.

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