In the last few years much has been said about the formation of a national arbitration committee to help resolve legal issues of sports bodies. A member of the legal team of the Pakistan Sports Board (PSB) once told me that it was necessary to form an independent arbitration committee, comprising retired and current judges with sports knowledge, to resolve disputes which are affecting the country’s sports.

It is very important to resolve the issues of the sports bodies before these could be taken to the courts. Courts take a long time in giving a verdict.

Cases involving football bodies have been in the courts for 19 months and verdicts are not likely anytime soon.

Several other sports are also suffering because of legal wrangling. The arbitration of Pakistan Olympic Association (POA) has not been effective. And some federations in the past refused to accept the decisions of POA’s arbitration committee.

There are still issues like that of Sindh Squash Association (SSA) which are difficult to be promptly decided.

Realising the importance of the effective arbitration the POA finally decided to frame such rules as could tackle disputes effectively in future.

The POA executive committee will propose the rules to its general council for approval.

The meetings are expected to be held soon. I must say that rules are nothing if they are not properly implemented.

Through the induction of lawyers and judges in the panel of arbitrators the POA has made an effort to make its arbitration process more effective. However, it is premature to say anything about the utility of the move and only time will tell how the step affects sports.

It is important to reproduce some of the rules here.

Article 3: The POA Panel of Arbitrators and Appellate Bench (i) The following panel of Arbitrators shall be proposed by the Executive Committee to the General Council for ratification/approval: (a) Five (5) Associate Secretary Generals of the POA at the time (b) Five (5) members of the POA or Presidents of affiliated members of the POA (c) Five (5) independent jurists (who may include lawyers or retired honourable judges).

(ii) These Arbitrators may be reconsidered and updated following the same procedure as in (i) above.

(iii) If found feasible the permanent panel of Arbitrators may be considered based on the availability and ability to conduct Arbitration in accordance with these Rules giving preference and importance to their sound legal and sports background with the approval of General Council of POA.

(iv) The function of the permanent Panel of Arbitrators is to provide for the settlement by arbitration of disputes in accordance with these Rules.

(v) The executive Committee of POA shall propose permanent member of the Appellate Bench of POA for the ratification/ approval of General Council of POA comprising (a) Five Vice Presidents of the POA at the time. (b) Five independent jurists (who may include lawyers or retired honourable judges (c) Chairman of the Appellate Bench who shall be an eminent jurist.

(vi) The Chairman of the Appellate Bench shall regulate the conduct of the Appellate Bench and shall have the power to make any regulations for the functioning of the Appellate Bench if so deemed necessary and shall constitute the necessary Appellate Bench to hear each challenge referred to the Appellate Bench.

(vii) The appointment to the Panel of Arbitrators and the Appellate Bench shall be for a period extending till either any member ceases to be a member on account of lack of pre qualification as provided for or resigns or is removed by the decision of the General Council of the POA.

(viii) Any vacancy occurring in the Panel of Arbitrators or the Appellate Bench shall be filled within 30 days in the manner as provided for the initial nominations herein.

Article 4: Commencing The Arbitration:

Request for Arbitration (i) A party wishing to have recourse to arbitration under Article 11 of the POA Constitution and consequently under these Rules, shall submit its Request for Arbitration (the "Request") to the POA Secretary General (the "Secretary General") who shall notify the Claimant and Respondent of the receipt of the Request and the date of such receipt. If the dispute relates to the Secretary General, the Request shall be referred to the senior most Associate Secretary General who shall be deemed the Secretary General for handling an Arbitration Request.

(ii) The date on which the Secretary General receives the Request shall, for all purposes, be deemed to be the date of commencement of the Arbitral proceedings.

(iii) The Request shall, inter alia, contain the following information: (a) The name in full, description and address of each of the parties; (b) A description of the nature and circumstances of the dispute giving rise to the claim(s) Article 5: The POA Arbitral Committee.

Composition and Procedure for Selection:

(i) The POA Arbitral Committee comprising three Arbitrators selected from the permanent POA Panel of Arbitrators shall decide the disputes.

(ii) Selection of the POA Arbitral Committee members shall be made on reference of the dispute to the POA Secretary General.

(iii) Upon submission of the Request for Arbitration, the POA Secretary General shall notify both parties within 7 days thereon to nominate one Arbitrator each.

(iv) Both parties shall nominate an Arbitrator within a period of 14 days from the receipt of notification by the POA Secretary General.

(v) Within 7 days of the POA Secretary General having received both nominations, the third Arbitrator acting as the Chairman of Arbitrator committee shall be appointed by the mutual consent of the each Arbitrator designated by each party. The Chairman of the Arbitrator Committee shall be from among the jurist members of the POA Panel of Arbitrators in the event neither of the arbitrators nominated by the parties is from among the jurist members of the POA Panel of Arbitrators.

(vi) If the POA President is a party to the dispute as set out in the Request the two senior most Vice Presidents, who are not members of the POA Panel of Arbitrators, shall perform and exercise the duties, obligations and powers of the POA President as provided for and in pursuance of these Rules. Such eventuality shall not affect the powers and duties of the POA President as otherwise provided for under the Constitution of the POA.

(vii) The POA Secretary General shall then notify both parties as well as the POA Arbitral Committee of its formation within 3 days after the finalisation of Chairman.