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World Sports Advocate

Volume: 11 Issue: 9
(September 2013)


News

The European Rugby Cup (ERC) is fighting Premier Rugby’s plans to set up a breakaway competition structure for European rugby union, arguing that its broadcasting deal with British Telecom breaches International Rugby Board (IRB) regulations. “Our position has always been that Premier Rugby’s broadcasting deal is illegal”, said an ERC spokesperson. “That position hasn’t changed”. / read more

FIFA has said that it will fight any attempt at compensation or a re-hearing of bids, should it decide to switch the Qatar 2022 World Cup from summer to winter at its Executive Committee meeting on 3-4 October. It has also confirmed that no formal investigation into the bidding process is underway, despite reports to the contrary. / read more

Snooker’s world number five, Stephen Lee, has been suspended for 12 years for involvement in fixing seven snooker games, the World Professional Billiards & Snooker Association (WPBSA) announced on 25 September. Lee was sanctioned under Rule 12.1(a) of the WPBSA’s Disciplinary Rules and will serve his suspension from 12 October 2012, when his interim suspension was imposed. ‘Mr Lee has indicated his intention to appeal against the finding of guilt’, reads the sanction notice. / read more

The World Anti-Doping Agency (WADA) will discuss whether to focus its budget on Code compliance and testing, rather than on athlete education, at the World Conference on Doping in Sport, November 12-15. The suggestion was made in a May 2012 report to the WADA Executive Committee entitled ‘Lack of Effectiveness of Testing Programs’. / read more

The rules of the UK’s Advertising Standards Authority (ASA) and the FA Premier League (FAPL) would not prevent Jack Wilshere from advertising e-cigarettes, should he accept a proposal from manufacturer Neo. The company approached the Arsenal and England midfielder after he was pictured smoking outside a nightclub on Wednesday 3 October. “There are no specific Premier League regulations covering the advertising of e-cigarettes”, confirmed a FAPL spokesperson. / read more

Specsavers has agreed to pay England cricketer Kevin Pietersen ‘substantial’ damages for a defamatory advert which suggested that he may have tampered with his bat during the recent Ashes series. / read more


Features

Clifford J. Hendel, a Partner with Araoz & Rueda Abogados, is an expert in international arbitration having acted as sole arbitrator, Chair or co-arbitrator in numerous proceedings administered by institutions including the International Chamber of Commerce, the London Court of International Arbitration and the Court of Arbitration for Sport (CAS). In this article, he examines difficulties regarding a serious recent split in CAS jurisprudence (reflected also in the jurisprudence of other sports tribunals) involving Article 10.4 of the 2009 World Anti-Doping Code, which allows athletes to reduce or eliminate ineligibility sanctions if they can establish that their ingestion of a banned substance was not intended to enhance sporting performance. / read more

Felix Majani has been a consultant with Coelho Ribeiro e Associados since 2008, when he moved from his previous Associate position with Mohammed Muigai Advocates in Nairobi. He specialises in international sport law and related arbitration / litigation and is a Consultant to the Council of East and Central African Football Association. As such, he has gained considerable experience of the use of third-party ownership structures to transfer players to and from Portugal. / read more

Dr Gregory Ioannidis is Head of Sports Law at CGV & Co LLC and a Senior Lecturer in Law at the University of Buckingham. He regularly acts for athletes and sporting governing bodies on matters regarding anti-doping offences. He was Counsel for the Greek sprinters Kenteris and Thanou during their case before the Court of Arbitration for Sport in 2006 where he negotiated an out-of-court settlement with the International Association of Athletics Federations. He also acted for Whyte in his appeal arguing for a reduction in his two-year period of ineligibility. / read more

Morris Bentata is a Partner in the Sports Group at Sheridans, and Tom Burrows is an Associate. Both advise on commercial areas related to the sports industry, including the sale and acquisition of media rights, sponsorship and licensing. Recent work includes advising broadcasters and agencies in Europe and Asia on their acquisition of Premier League rights for the 2013/2014 to 2015/2016 cycle; as well as a number of national an international governing bodies on their media rights strategy and exploitation. As such, both are well placed to consider the implications that the UK High Court ruling requiring six internet service providers to block access to FirstRow Sports, which aggregates and provides access to unauthorised streams of sports content. / read more

Lloyd Thomas is an Associate with Squire Sanders's sports law group and provides regulatory advice to a number of clubs, national governing bodies and athletes. He regularly assists with proceedings brought before the FIFA Dispute Resolution Chamber and the Court of Arbitration for Sport. As such, he is well placed to examine recent changes to retrospective action regulations brought in by England's Football Association. / read more

Juan de Dios Crespo Pérez is Head of the Sports Law Department at Ruiz-Huerta & Crespo. He specialises in sports, EU and international law. He is an Arbitrator at the Valencia Chamber of Commerce as well as in proceedings of the International Chamber of Commerce in Paris, and with the European Handball Federation. Enric Ripoll is an Associate with the same firm, specialising in sports law and a member of the Spanish Association of Sports Law (AEDD). In this article, they examine the Spanish prosecutor's charges against FC Barcelona player Lionel Messi for tax evasion, and the potential fines and charges. / 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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