Multi-dimensional interpretation and applicable approach of the principle of "non bis in idem" in sports arbitration ——Focused on article 97 of the new Sports Law YANG Jie，TAN Honglu
(1.Department of Teaching and Research of Law，Chongqing Administration College，Chongqing 400041，China；2.Department of Graduate，Chongqing Administration College，Chongqing 400041，China)
Abstract:The newly revised "Sports Law" introduces a dedicated chapter on sports arbitration, marking the commencement of the sports arbitration relief mechanism inChina. Article 97 of this chapter establishes the legal framework for the principle of "non bis in idem" in sports arbitration, but the precise scope of application and procedures of this principle remain unclear up till now. Therefore, it is imperative to initially examine the intrinsic logic of the "non bis in idem" principle in sports arbitration. Subsequently, given the generality and vagueness in the regulatory language of Article 97 of the new "Sports Law", it is necessary to provide clarity on the effective date, applicability, scope, and exceptions associated with this principle. Finally, an analysis of the multiple factors contributing to the occurrence of "repeated arbitration" and "repeated litigation" in sports arbitration practice is presented. This analysis takes the unique nature of sports disputes into account and draws insights from the experiences of the international Court of Arbitration for Sport (CAS) and the domestic civil litigation standards concerning "repeated litigation". Consequently, the paper formulates the application approach for the "non bis in idem" principle, emphasizing adherence to the fundamental principles of the "three identity doctrine". Additionally, it establishes specific standards for cases involving doping and third-party entities. It can be seen that this paper offers a multidimensional interpretation of the "non bis in idem" principle and also provides an approach for its application, effectively reducing or even mitigating the occurrence of "repeated arbitration" and "repeated litigation", and then plays a significant role in promoting the independent, fair, and efficient operation of sports arbitration in China, contributing to the ongoing process of modernizing sports law.
Keywords: sports arbitration；non bis in idem；repeated arbitration；quasi-res judicata；applicable approach