In the past decade there have been a number of judicial review cases
involving sports governing bodies in Ireland. While the courts have been
willing to hear such cases, it has been repeatedly emphasised that
judicial intervention in the decisions of sporting organisations should
not occur lightly and recourse to the courts should only happen in the
most exceptional of circumstances. The Irish courts have referred to the
need for sports bodies to submit their dispute to arbitration or
mediation. In Ireland there are two domestic bodies offering alternative
dispute resolution in the sporting context: Just Sport Ireland (JSI)
and the Disputes Resolution Authority (DRA) of the Gaelic Athletic
Association (GAA). The availability of alternative forms of dispute
resolution in Ireland provides a welcome alternative to the expensive,
often divisive, option of judicial review proceedings. Given the
benefits of resolution of disputes through the DRA or JSI and in light
of the Irish courts general reluctance to become involved in sporting
disputes, it is likely that these processes will become increasingly
availed of, most pertinently as Sport Ireland (formerly Irish Sports
Council (ISC)) has made it a condition for recognition for new governing
bodies and has been actively encouraging existing sports governing
bodies to insert a referral clause in their rules.
History
Publication
Entertainment and Sports Law Journal;14 (1), pp 1-15