Dispute Resolution in Irish Sport: The Courts as Reluctant Interlopers

Abstract

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.