ARBITRATO SPORTIVO INTERNAZIONALE E GARANZIE DEL GIUSTO PROCESSO

The article comments the ECHR’s decision on Mutu and Pechstein case in the widerframework of the relationship between international sport arbitration and Article 6ECHR that regulates the right to a fair trial.Moving from the compatibility of Article 6 with compulsory and voluntary arbitration,which can be measured having regard to the relationship between the non-derogableright of access tojustice and the autonomy of the parties to renounce a court established by law todevolve the dispute into arbitration, it examines how the arbitration choice justifiesthe waiver of the guarantees provided by Article 6.Furthermore, the article analyses how ECHR’s decision answers to the reneweddoubts on the independence and impartiality of the TAS in the light of the need for agreater diversity in the composition of ICAS, with a majority of members not appointeddirectly by sports organizations and wider representation of the athletes.