الفهرس 
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المستخلص
introduction to the research
”The law has become an important and beneficial science for all members of society alike, as it is the science that defines the legitimate scope of individuals’ behaviors and their relationships within an organized society. The Romans say that law and society are couples inseparable, and man has no alternative but a life of barbarism and chaos if he decides one day to ignore respect for the law. And in light of the law, the right arose, and the right to its simplest meanings does not go beyond being an exclusivity protected by the law
Sufi Abu Talib (1965) states that ”human groups have gone through different systems in the judiciary and litigation in order to protect rights, and arbitration in ancient times is considered one of the most important stages that settled in people’s minds as a form of litigation, until it became a custom in them, so it is not free A law, including taking one or more forms of arbitration, was taken by the Babylonians, Assyrians, and Germanic tribes, as the Roman system of justice in particular was based on arbitration.
It was reported from Ibn Manzoor in the meaning of arbitration in a language: ”It is a source of verb ruling. It is said that someone so governed in Mali is arbitration, that is, I delegated the ruling to him, and ruled him among them, meaning they made a ruling among them, and the referee and the arbitrator mean one and he is the one to whom the judgment is delegated.” He is chosen to separate the contestants, and the ruling is knowledge and jurisprudence, as well as the judiciary with justice, and it is beneficial from that that arbitration in our Arabic language is to request or delegate the contestants to those who have knowledge and jurisprudence to rule between them in a matter of wisdom and justice.
Yusri Muhammad Al-Asar (2001 AD) defines arbitration as a complex legal process based on the agreement of the parties to a specific dispute to present their dispute to one or more arbitrators in order to settle it in light of the rules of the law, and it is mentioned that resorting to arbitration as a method for resolving disputes that arise between parties to legal relations, It has become a basic feature in various transactions at the international or domestic level, and the scope of arbitration has expanded and has extended to types of disputes that were not previously covered by it.
”The reason for the steady trend towards arbitration is to settle disputes that arise between the parties of different legal relationships, to the advantages of arbitration, the most important of which is simplicity and flexibility, and its satisfaction with the parties to the conflict, the speedy resolution of disputes and the provision of effort and time, the availability of expertise and specialization in technical and economic matters. And the process for arbitrators chosen by the parties to the conflict, and perhaps one of the most important positive consequences of resorting to arbitration to resolve disputes is to reduce the burden on the state’s judiciary, which a large number of cases are brought before it every year, which leads to delaying the adjudication.
Osama Abdel Aziz (2014) emphasizes ”what was disclosed in the second paragraph of Article (84) of the amended Egyptian Constitution issued in January 2014, which states” .... The law regulates sports and civil sports organizations in accordance with international standards, and how to settle disputes Sports.
He added, ”It has become necessary for specialized courts to address emerging legal problems, where specialized judges are based, whose performance is related to their familiarity with the knowledge they face in the cases presented to them, which makes them eligible to settle these cases through a set of scientific considerations that help them to Performing their mission easily and easily, in a way that guarantees a fair separation in the dispute presented to them. Given the problems and differences experienced by the sports arena, the need has become urgent for a system to separate the conflicting parties in the field of sport, and to find solutions that provide a fixed mechanism derived from the forces Yen with all neutrality, to protect the sports arena from the problems you are exposed to
Research problem and its importance:
”There is no doubt that one of the most important problems facing sport is the methods for resolving sports disputes. Therefore, the Egyptian Sports Center for Arbitration and Arbitration arose according to a legislative back, which is the constitutional amendments that were made to the suspended 2012 constitution, which was issued in January 2014 and which emphasized in its article (84) the need to The law organizes how to settle sports disputes, and here we must remember a very important date, which is the date of the Paris Agreement 1994 AD, according to which the International Sports Arbitration Council was established to become the legislative umbrella of the International Sports Arbitration Court after its subordination to the International Olympic Committee, which is what To represent a major contradiction in the jurisdiction, scope, and limits of the authority granted to the International Mathematical Arbitration Court because it may be among the disputed cases before the International Sports Court one of its parties is the International Olympic Committee, so how can the court consider this issue while under the umbrella of the International Olympic Committee, and then The Paris proposal to end this controversy was through the affiliation of the International Sports Court with the International Sports Arbitration Council and not the International Olympic Committee.
The texts contained in the Sports Law No. 71 of 2017 regulating the work of the Egyptian Sports Settlement and Arbitration Center confirmed the direct dependence of the Egyptian Olympic Committee administratively, financially and technically, as stated in Articles (66, 68, 69). (Attachment)
According to the text of Article 4 of the Sports Law No. 71 of 2017 regarding giving the Egyptian Olympic Committee the right to set regulations for the basic systems of different sports organizations (the guiding regulations) (attached), and the decisions regulating them, which represents an unaccounted precedent for the consequences, and this It necessarily makes the Egyptian Olympic Committee a litigation in many of the cases that are brought up and will be brought before the Egyptian Sports Settlement and Arbitration Center, so how can the Egyptian Olympic Committee be a litigation and a referee at the same time.
It is worth noting that, in light of the previous sport law, the courts of the administrative judiciary were filled with cases in which the sporting bodies were specialized in youth and sports affairs in his capacity as chief among them issues related to the elections of boards of directors, and procedures related to public associations, as the regulations of the articles of association of sports organizations were issued in the name of The competent minister, but now, in light of the new law, the statutes of the statute (the guiding regulations), and the decisions regulating them, are issued in the name of the Egyptian Olympic Committee, which makes us expect the situation to continue as it was Death in the past.
Therefore, this research came in an attempt to clarify all the problems that may arise in the light of the application of the texts of the law and the regulations organizing it and related to the work of the Egyptian Sports Center and Sports Arbitration and Center, and also the possibility of submitting proposals that can guarantee the independence of the sports settlement and arbitration center, and improve its work, in order to Ensuring greater stability for Egyptian sports.
Research Objectives: This research aims to:
Formative analysis (attached) of the legal texts related to the Egyptian Center for Sports Settlement and Arbitration, contained in the Sports Law No. 71 of 2017, and the regulations of the statute of the center.
Monitor the most important pros and cons contained in the texts related to the Egyptian Center for Sports Settlement and Arbitration, contained in the Sports Law No. 71 of 2017, and the statute of the center’s statute.
A proposal to amend some legal texts related to the Egyptian Center for Sports Settlement and Arbitration contained in Sports Law No. 71 of 2017 (after consulting experts).
A proposal to amend some texts in the Bylaws of the Egyptian Center for Sports Settlement and Arbitration (after consulting experts) .
Research questions: This research answers the following questions:
What is the formal analysis of the legal texts related to the Egyptian Center for Sports Settlement and Arbitration, contained in Sports Law No. 71 of 2017, the statute of the center’s statute?
What are the most important pros and cons contained in the texts related to the Egyptian Center for Sports Settlement and Arbitration, contained in the Sports Law No. 71 of 2017, the statute of the center’s statute?
What are the most important proposals to amend some legal texts in the articles related to the Egyptian Sports Settlement and Arbitration Center mentioned in Sports Law No. 71 of 2017?
What are the most important proposals for amending some texts in the statute of the Egyptian Sports Settlement and Arbitration Center?
Search terms:
The Egyptian Mathematical Settlement and Arbitration Center:
It is an independent center established in the Egyptian Olympic Committee, and it has a legal personality. It is responsible for settling sports disputes arising from the application of the provisions of this law, and one of its parties is a person, bodies or entities subject to the provisions of this law, through mediation, conciliation or sport arbitration.
Research Methodology
The researcher used the descriptive method (survey studies - document analysis) to suit the nature and objectives of the research.
Society and research sample
The research community and sample is represented in all persons, bodies and entities subject to the provisions of Sports Law No. 71 of 2017, which are described in the following table:
Note: - A number (10) of law and physical education professors at Egyptian universities were added to take their views within the research sample.
Data collection tools
(1) Analyze the documents with the aim of identifying the legal system of the Egyptian Center for Sports Settlement and Arbitration according to the texts mentioned in the Sports Law No. 71 of 2017 and the executive regulations of the center.
(2) Standardized personal interview to get to know the opinions of experts (academics and specialists) in the most important pros and cons of these texts.
(3) Questionnaire form to find out the most important proposed amendments to some legal texts related to the Egyptian Center for Sports Settlement and Arbitration.
(4) Questionnaire form to find out the most important proposed amendments to some texts mentioned in the executive regulations of the Egyptian Sports Settlement and Arbitration Center.
Statistical treatments used in the research
The researcher used mathematical averages, iterations, and percentages to draw conclusions from this research
Conclusions:
The sports arbitration mechanism to settle sports disputes remains the most appropriate, despite some problems in the philosophy of applying the sports arbitration mechanism in the Arab Republic of Egypt.
It is worth noting that the FIFA has stipulated in its statute regulations that resorting to any form of ordinary litigation is prohibited unless it is stipulated in FIFA’s regulations, and directing to ordinary courts in all its forms is strictly prohibited.
Therefore, thinking about establishing a sports court similar to the specialized courts or the presence of departments specialized in sports affairs in one of the courts is of no use, given that the specialized courts are in the end courts of the judicial system in the state, which is inconsistent with international standards in this regardThe establishment of the Egyptian Mathematical Settlement and Arbitration Center came to be one of the most important achievements of the new Sports Law issued No. 71 of 2017 through what was mentioned in Chapter Seven of the Law for Articles (70,69,68,67,66).
The establishment of the Egyptian Mathematical Settlement and Arbitration Center, although it came too late in response to repeated calls from many years ago, but it represents a major positive step in the future of Egyptian sports.
The Egyptian Mathematical Settlement and Arbitration Center arose to keep pace with the legislative developments represented in giving greater spaces to the general assemblies of sports organizations to establish their destiny, and increase investment opportunities in the sports field, and also to reduce the interference of the state represented in the Ministry of Youth Sports from interfering in the affairs of sports bodies and withdrawing some powers and powers Its role is limited to financial and administrative supervision, providing aspects of support to sports organizations, and avoiding issuing executive regulations for sports organizations as it was under the previous sports law.
The Egyptian Center for Sports Arbitration and Arbitration acquired the legal personality, and assumed jurisdiction over sports disputes arising from the application of the provisions of the Sports Law and the provisions of the statutes of the various sporting bodies, as well as disputes arising from the interpretation and implementation of various contracts in the sports field by means of conciliation and sports arbitration.
The harmonization of international standards and agreements to which the Arab Republic of Egypt is a party, and internal national laws is an imperative and must be observed.
Multiple legislative umbrellas represented in (Olympic charter - International Standards and Agreements - Egyptian Constitution - Arbitration Law in Civil and Commercial Articles - Civil and Commercial Procedures Law - Sports Law and decisions issued in implementation thereof - Basic Regulations for Sports Authorities - Laws related to the subject of dispute - Principles of justice and fairness This multiplication has led to some inconsistencies in the texts of those laws, which lead to the existence of some legal loopholes that negatively affect the true philosophy behind the application of the arbitration mechanism that relies on simplicity and clarity in the legal rules. The organizer of the arbitration process and the mechanisms for its practical application.
The advantage of the freedom to resort to the Egyptian sports settlement and arbitration center remains the most important in the philosophy and mechanism of applying sports arbitration.
The Egyptian Olympic Committee issued the bylaws of the Egyptian Center for Sports Settlement and Arbitration, by Resolution No. 88 of 2017 on 18/9/2017, including (108) legal articles.
The Egyptian Olympic Committee issued several decisions to amend the articles of association of the Egyptian Sports Settlement and Arbitration Center on 11/26/2017, 3/14/2018, 11/7/2018, and it includes amending more than 34 legal articles.
Although Article (66) of the Sports Law described the Egyptian Sports Center for Sports Settlement and Arbitration as an independent center and has a legal personality, however, Article (68, 69) attached the Egyptian Sports Sports Center and Sports arbitration center to the Egyptian Olympic Committee through many procedural links such as:
- Issuing a decision to form the board of directors of the Egyptian Sports Settlement and Arbitration Center by the Egyptian Olympic Committee.
Presidency of the Center’s Board of Directors by the President of the Egyptian Olympic Committee, who represents him before the judiciary and in front of others.
- The Egyptian Olympic Committee approves the lists of arbitrators, conciliators and mediators, reviewing and updating them, and determining their fees.
- The Egyptian Olympic Committee issued a decision on the articles of association of the Egyptian Sports Settlement and Arbitration Center.
This raises many doubts about the extent to which guarantees of impartiality and independence are required in the arbitration tribunals in the center, especially when the Egyptian Olympic Committee becomes an opponent in disputes before the center.
The philosophy of establishing the Egyptian Center for Sports Arbitration and Arbitration has great similarities with what happened at the international level with the experience of establishing the Sports Arbitration Court (CAS) at its beginning, where work began in 1984 and established by the International Olympic Committee, and after several years have passed and with the increasing cases that It was brought before the Sports Arbitration Court (CAS), which the International Olympic Committee was a direct and indirect party in some of the disputes before the court, which exposed the court to the suspicion of lack of independence in issuing its rulings and decisions, which called for the necessity of concluding an international sports agreement on the imperative of a court separation Arbitration a Athlete ((CAS by the International Olympic Committee through the Paris Agreement of 1994, which resulted in which the international establishment of the Council for Arbitration Sports to include under the banner of the arbitration court sports, and be responsible for its management and financing, including: -
- Amending the Bylaw of the Sports Arbitration Court.
Electing its members.
Appointment of arbitrators and mediators who make up the list of athletes of the Court of Arbitration for Sports (CAS).
Which calls for the necessity of adopting this philosophy at the national level with the Egyptian Center for Settlement and Sports Arbitration.
The procedures resulting from the issuance of the arbitration award, from the necessity of obtaining an execution order and then obtaining the executive form from the state’s judiciary with the possibility of questioning the implementation by the opponent, are all measures that negatively affect the most important positive of the arbitration system, which is the speed of adjudication of disputes, so it is necessary to repeat Consider understanding the special nature of the sports arbitration system based on the speed of it, the litigation and simplifying its procedures, and then making legislative amendments that accompany this nature.
Recommendations.
The research recommends the necessity of speeding up the important amendments to the legislative texts related to the Egyptian Center for Sports Settlement and Arbitration contained in the Sports Law and the bylaw of the center’s statute in order to eliminate many of the defects that appeared during the practical application of the above texts.
The research also recommends looking at the amendments proposed in this research and adopting them in a way that is commensurate with the achievement of the desired goal, which is to preserve this nascent experience in Egyptian sports life and improve the work of the center in a manner that achieves the goal of its establishment.
Summary of the research
The researcher made an attempt to present a proposed legislative vision for the Egyptian Sports Center for Settlement and Arbitration by identifying the pros and cons of the existing legislation related to the work of the center and then trying to present proposals for the most important amendments to the legislative texts related to the center and contained in the Sports Law and the statute of the center, and the researcher used the descriptive approach in a manner ( Survey studies) as a method for research, document analysis, questionnaire and personal interview as tools for collecting data from experts on the research community represented by all persons, bodies and entities subject to the provisions of Sports Law No. 71 For the year 2017 AD and the number (5003).
The most prominent results were: -
The sports arbitration mechanism to settle sports disputes remains the most appropriate, despite some problems in the philosophy of applying the sports arbitration mechanism in the Arab Republic of Egypt.
It is worth noting that the FIFA has stipulated in its statute regulations that resorting to any form of ordinary litigation is prohibited unless it is stipulated in FIFA’s regulations, and directing to ordinary courts in all its forms is strictly prohibited.
Therefore, thinking about establishing a sports court similar to the specialized courts or the presence of departments specialized in sports affairs in one of the courts is of no use, given that the specialized courts are in the end courts of the judicial system in the state, which is inconsistent with international standards in this regardThe establishment of the Egyptian Mathematical Settlement and Arbitration Center came to be one of the most important achievements of the new Sports Law issued No. 71 of 2017 through what was mentioned in Chapter Seven of the Law for Articles (70,69,68,67,66).
The establishment of the Egyptian Mathematical Settlement and Arbitration Center, although it came too late in response to repeated calls from many years ago, but it represents a major positive step in the future of Egyptian sports.
The procedures resulting from the issuance of the arbitration award, from the necessity of obtaining an execution order and then obtaining the executive form from the state’s judiciary with the possibility of questioning the implementation by the opponent, are all measures that negatively affect the most important positive of the arbitration system, which is the speed of adjudication of disputes, so it is necessary to repeat Consider understanding the special nature of the sports arbitration system based on the speed of it, the litigation and simplifying its procedures, and then making legislative amendments that accompany this nature..
Therefore, the Egyptian Sports Settlement and Arbitration Center in relation to a dispute related to the Football Association is the only body competent to consider and settle disputes of the Football Association without respecting international standards in this regard.
Recommendations.
The research recommends the necessity of speeding up the important amendments to the legislative texts related to the Egyptian Center for Sports Settlement and Arbitration contained in the Sports Law and the regulations of the statute of the center in order to eliminate many of the defects that appeared during the practical application of the aforementioned texts.
The research also recommends looking at the amendments proposed in this research and adopting them in a way that is commensurate with the achievement of the desired goal, which is to preserve this nascent experience in Egyptian sports life and improve the work of the center in a manner that achieves the goal of its establishment.
The FIFA has stipulated in its statute regulations that asylum in any form of regular litigation is prohibited unless it is stipulated in FIFA’s regulations, and directing to ordinary courts in all its forms is strictly prohibited.