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World Sports Advocate

Volume: 10 Issue: 5
(May 2012)


News

An appeal by Ömer Riza to the European Court of Human Rights (ECHR) will test whether footballers can take cases beyond the Court of Arbitration for Sport (CAS) and the Swiss Tribunal Fédéral if they feel they have been denied justice. / read more

The British Olympic Association (BOA) informed the World Anti-Doping Agency (WADA) on 17 May that it has scrapped its lifetime ban for athletes caught doping, however has proposed banning such athletes from the Olympics. / read more

FIFA has been in discussion with the European Club Association (ECA) about its planned mediation system for its clubs, but was cautious about whether it would prove useful. / read more


Features

The Olympic Games should be a unifying event, where people from many countries meet and become friends - despite competing against each other in sports events. The fact that five EU Member States have not yet recognised Europe's youngest country and that Kosovo still, four years after independence, is not yet a fully fledged member of the United Nations (90 States have recognised Kosovo, less than the 50% of UN Member States required for membership) is annoying for Kosovar athletes and for those in Kosovo who like sports, and beyond. / read more

In March, the Swiss Federal Court annulled a FIFA decision supported by the Court of Arbitration for Sport (CAS) to ban Brazilian player Matuzalem from playing football until Real Zaragoza paid €12 million owed to Shakhtar Donetsk. Eduardo Carlezzo, an Attorney with Carlezzo Advogados, examines how this decision could undermine FIFA's disciplinary system, underpinned by the CAS. / read more

A recent decision of the English Court of Appeal in a case involving Wayne Rooney has important implications for contracts relating to the exploitation of image rights. Adam Finlay, a Solicitor with McCann FitzGerald, examines how agents and sponsors - in particular - will need to carefully consider whether exclusivity arrangements in relation to image rights may be vulnerable to challenge under the restraint of trade doctrine. Meanwhile, the Bailiwick of Guernsey seems intent on establishing itself as a jurisdiction of choice for the exploitation of image rights. To support this initiative, it has indicated that it intends to introduce registerable personality and image rights, which may be of considerable interest to those involved in the exploitation of image rights in the UK and Ireland, where 'image rights' are not in fact, property rights, but rather consist of an eclectic mix of causes of action. / read more

In September 2011, UEFA expelled Swiss club FC Sion from the Europa League for fielding ineligible players, following a protest from Celtic FC, who had been eliminated by Sion. Chris Anderson, an Associate with Brabners Chaffe Street who acted for Celtic in the case, explains its background. This includes the regulatory basis of Celtic's protest against FC Sion's win, the basis of Sion's appeals against UEFA's decision to disqualify it, analysis of a Swiss court judgment to reinstate Sion and the referral to the Court of Arbitration for Sport. / read more

This is the final instalment of a four-part article which examines modern day sporting fraud. In this fourth instalment, Mike Morgan and Stacey Shevill, of Squire Sanders, explore the further measures that could be taken to safeguard sports competition from manipulation. / read more

Recent research has suggested that catechin in green tea can impair the passage of testosterone into urine, which could enable athletes to take larger doses whilst avoiding detection. Declan P. Naughton and Andrea Petroczi, who conducted research on this subject for Kingston University's School of Life Sciences, explain how doping tests are limited by their focus on metabolites - the by-products of doping - as diet can affect metabolism of doping substances. They explain why alternative approaches based on individual profiling may be a fairer approach. / read more

Generally speaking, the Court of Arbitration for Sport (CAS) is not bound to follow the 'stare decisis' principle. In other words, CAS Panels are free to decide cases without being bound to apply a system of 'judicial precedent' based on previous cases. However, in practice, they tend to do so in the interests of legal certainty and also comity. / read more

One of the stated aims of UEFA's Financial Fair Play Regulations is to encourage clubs to operate on the basis of their own revenue. Daniel Clyne, a law student at Nottingham University, explains how this constrains smaller clubs looking to challenge at the top level of European football and questions whether the Regulations aim to close the gap between richer and poorer clubs, or to maintain the status quo. / read more

On 4 July 2007 Sochi, located in the Krasnodar region of the Russian Federation, was elected as host city for the 22nd Winter Olympics. William Reichert and Anna Ryabtseva, of K&L Gates, examine legislation passed to govern the organisation of Russia's first winter Olympics, in particular the 'Olympic Law', passed in 2007. / read more


About World Sports Advocate

The monthly law publication providing guidance on all aspects of sports law, including licensing and sports data, anti-doping and doping sanctions, TV and broadcasting rights, sport technology, players agents, disciplinary measures, sports integrity, sports betting, player contracts, intellectual property, transfer regulations, sports sponsorship and marketing, and governance, as well as coverage of key legal cases, sporting regulations and governing bodies including the IOC, UEFA and FIFA and sporting events such as London 2012. / read more

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