SPORTS BILL: Sports disputes to be settled through arbitration

The August House agreed to have disputes solved through arbitration. PHOTO/COURTSEY 

What you need to know:

Going to court, on the other hand, submits the contesting parties to a public and bureaucratic process due to the existing rules of procedure and providing evidence.

The National Sports Bill endorses arbitration as the mechanism for settling sports disputes.

Arbitration is a private process in which both parties agree that an arbitrator (a neutral third party) will render a binding decision. 

Going to court, on the other hand, submits the contesting parties to a public and bureaucratic process due to the existing rules of procedure and providing evidence.

The era of running to public courts to settle sporting disputes seems to be coming to an end. Previously there was no option as the alternative to litigation was to run to the expensive option of the Court of Arbitration for Sports (Cas) that sits in Luzern, Switzerland.

When the Bill becomes law, all federations will have to amend their constitutions to provide for the determination of sports disputes between them and their members through arbitration. Both warring parties will also have an obligation to comply with the decision arising from arbitration.

Arbitrators list 

Federations will also be given an opportunity to propose names arbitrators. These must be advocates of the High Court, with knowledge in the concerned sport plus experience in administration and management of sports.

NCS will then publish a list of these, from which warring parties can select an odd number to listen to their dispute, in the gazette and media and also update the list annually.

However, one can be taken off the list if they fail to hear three cases they have been appointed for, or if they are mentally or physically incapacitated, or if they abuse office or are deemed to lack integrity among other things.

Sports tribunal 

Before this Bill was created out of the harmonization of one proposed by Budiope East Member of Parliament Hon. Moses Magogo and another by government, the former had suggested that Uganda should have a sports tribunal where the arbitrators settle these cases.

But Attorney General Kiryowa Kiwanuka shot down the proposal arguing it would come with cost implications at a time when government is merging many duplicating agencies.

This means that each of the warring parties will also have to settle the costs they incur during the process of arbitration.