THE ROLE OF ARBITRATION IN RESOLVING SPORTS DISPUTES: LESSONS FROM CAS AND IMPLICATIONS FOR NIGERIA

Abstract

The resolution of disputes in sports has become increasingly significant as the sector evolves into a multi-billion-dollar global industry. Traditional litigation often proves inadequate for resolving sports conflicts due to its delays, jurisdictional limits, and lack of specialized expertise. Arbitration has therefore emerged as the preferred method, offering neutrality, confidentiality, and speed. At the centre of this global framework is the Court of Arbitration for Sport (CAS), established in 1984, which has built a strong jurisprudence on matters ranging from doping, eligibility, and player transfers, to sponsorship and disciplinary issues. CAS has become a cornerstone of international sports governance, ensuring uniformity and predictability in sports dispute resolution. In Nigeria, sports dispute resolution remains underdeveloped despite provisions in the Nigeria Football Federation (NFF) Statutes. Articles 68 and 69 of the Statutes prohibit recourse to ordinary courts for football-related matters, directing disputes instead to the NFF Arbitration Tribunal or, in international cases, to CAS. However, in practice, Nigerian sports disputes are frequently taken to civil courts, undermining both the statutory framework and FIFA’s global dispute resolution standards. The NFF Arbitration Tribunal itself suffers from institutional weaknesses, including questions about independence, credibility, and enforceability of awards. This paper critically analyses the role of arbitration in resolving sports disputes, with lessons drawn from CAS, and evaluates their implications for Nigeria. It argues that while Nigeria’s recognition of arbitration in its statutes is commendable, effective implementation requires reform. By institutionalizing credible arbitral structures, embracing independence and impartiality, and adopting CAS principles, Nigeria can enhance athlete welfare, reduce delays, and strengthen its sports governance in line with international best practices.