Abstract:

In this study, the arbitration system as a resolution of sports disputes is examined in general terms. The first-degree legal boards legal examination, which primarily resolves disputes, is subject to the authority of Arbitration Board in case of objections. As a matter of fact, legal status of the Turkish Football Federation (TFF) inevitably determines the quality of the decisions to be made by the boards herein. Without ignoring its public dimension, it should be noted that the TFF is a private law legal entity,. Thus, it is accepted within the framework of jurisprudence that TFF legal boards carry out judicial activities. In the context of jurisdiction, the Dispute Resolution Council and naturally the Arbitration Board enjoy exclusive authority on sports penalties and training compensation and may also be authorized in contractual disputes based on the agreement of the parties, hence performing the arbitration proceedings. However, especially the criticisms brought by the European Court of Human Rights (ECHR) regarding the impartiality and independence of the TFF Arbitration Board in 2020 which is a direct reflection of the doctrine, the legal background hereof is re-regulated by the Law No. 7405 by amending the TFF Code, thus a comprehensive positive development was achieved. However, there is still a dire need for significant changes in ensuring impartiality and independence in the context of the organization, as well as the issues not addressed in the decision.

Keywords: