Prof. Rashid Al Taher
Professor of Business Law
Research Lab of Business Law
Hassan I University, Settat City, Kingdom of Morocco

Abstract:

Sports activity is a human and social phenomenon that developed with the development of civilizations, so its bodies and institutions were established, laws and regulations were issued to regulate it, and sports became one of the rights of natural human beings. However, various international sports bodies have adopted the principle of submitting disputes in the sports field to arbitration and stipulated it in their laws. Thus, it became the best way to resolve sports disputes. Therefore, most countries have issued laws or regulations setting the bodies authorized to consider sports disputes over their territories. The laws regulating sports in Morocco and Kuwait, respectively, specify the jurisdiction of the Chamber of Sports Arbitration, and the National Commission for Sports Arbitration, and regulated their jurisdiction as well as the subsequent procedures to be followed by them in decrees and decisions published in their official gazettes.
This comparative study dealt with the requirements of organizing the Chamber of Sports Arbitration in Morocco and the National Commission for Sports Arbitration in Kuwait, with reference to various international experiences on the subject where the field of sports arbitration was dealt with in a first study by talking about the extent of their independence compared to what has been done at the international level, as well as their jurisdiction and the exceptions contained therein. In a second study, the procedural rules followed by them were dealt with by dealing with their membership and the litigation procedures before them, based on the comparative analytical descriptive research method.
A number of results have been reached, the most important of which is the fact that the decisions organizing the Sports Arbitration Commission in Kuwait are advanced and ensure a sound start to its work, and they are in line with the international rules governing sports arbitration, while there is an urgent need to amend some of the provisions regulating the Moroccan Arbitration Chamber, Thus, the research concluded that it is necessary to enable the Moroccan Arbitration Chamber to be independent while working on updating the internal regulations of sports federations and universities in both countries and ensuring the representation of the various sports teams in the bodies supervising the arbitration.

Keywords: arbitration, disputes, independence, procedures, jurisdiction, appeal.

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