Originally from Sports Arbitration: A Coach for Other Players? - ASA Special Series No. 41

The fact that the term “weaker” in the title of this article is surrounded by quotation marks implies that athletes, in particular successful ones, are generally perceived to be strong, not only in their respective fields of sport but also more generally. Due to this perception, the question whether athletes may be considered as weak outside of sports competitions is not often addressed. One area in which this question regularly arises however, is in legal proceedings, in particular in arbitration.

This article analyzes whether athletes should be considered the weaker party in arbitral proceedings and, if so, whether they need protection in, or even from, arbitral proceedings, due to a typical imbalance of power. Using the example of athletes, this article begins with an overview of the characteristics and sources of power (1.). The impact on arbitration of imbalances of power between athletes and sports organizations will then be more closely examined (2.). Finally, the question of whether athletes need particular protection in arbitration, or even from arbitration, will be addressed (3.).

1. THE CHARACTERISTICS OF POWER AND ITS SOURCES

According to Max Weber, “[p]ower is the probability that one actor within a social relationship will be in a position to carry out his own will, despite resistance, regardless of the basis on which this probability rests.”1 Simply put, this means that A has power over B to the extent that A can cause B to do something that B would not otherwise do.2 That both statements remain highly general and abstract is due to the complex and sophisticated nature of power. Three key characteristics of power are that it is omnipresent, dynamic and complex.3