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World Sports Advocate

Volume: 12 Issue: 2
(February 2014)


News

An independent arbitrator has warned England’s Football Association (FA) that its rules on wrongful dismissal could lead to confusion when independent regulatory commissions are asked to consider cases. ‘I have drawn attention to some of the points relating to regulation 5 because it is important for the FA and all those potentially affected by that rule to appreciate that this case has shown that there are real questions about its correct interpretation,’ wrote Nicholas Stewart QC in the reasoning behind his 7 February decision to reject West Ham United’s challenge to a 4 February Independent Regulatory Commission (IRC) decision to reject the club’s appeal against Andy Carroll’s three-game suspension, following his red card during the 1 February match against Swansea City. ‘Unless the rule is amended by the proper procedures, those questions will not go away and cannot be resolved without a definitive decision by a tribunal (or court). Regulatory Commissions need to know what test they should apply.’ / read more

Three ‘team officials’ connected with Indian Premier League (IPL) franchises could be sanctioned for breaches of IPL rules regarding betting and match-fixing on 7 March, when the Indian Supreme Court considers the conclusions of the Justice Mugdal IPL Probe Committee report. The report implicates Chennai Super Kings ‘team official’ Gurunath Meiyappan; and Raj Kundra and his wife – bollywood actress and former Big Brother contestant Shilpa Shetty – part-owners of Rajasthan Royals. / read more

BSkyB has said that it will fight a Court of Appeal ruling that reinstates a 2010 Ofcom order requiring BSkyB to offer its premium sports channels at a Wholesale Must Offer (WMO) price set by Ofcom. ‘Sky continues to believe that Ofcom's 2010 decision is flawed and that the WMO obligation ought properly to be removed, and will continue to pursue all available options to achieve this aim,’ reads a 17 February statement from the broadcaster. / read more


Features

FIFPro’s recent challenge to the international football transfer system has highlighted that there are a number of issues with the compatibility of the current system with European Law. Ifeanyi Odogwu, a Barrister with Garden Court Chambers, examines FIFPro’s challenge in the light of previous challenges to the international transfer system based on its incompatibility with EU law, and assesses some of the issues that need to be considered. / read more

On 2 December, the Spanish markets and competition commission fined broadcaster Mediapro and a number of Spanish football clubs for entering long-term TV contracts, in breach of the General Audiovisual Communication Act. Javier Ferrero Muñoz and Julio Senn, of Senn, Ferrero Asociados Sports & Entertainment S.L.P., explain why the fines were issued. / read more

Major League Baseball (MLB) imposed an unprecedented 162-game suspension on Alex Rodriguez of the New York Yankees in January for doping, following the investigation of the Biogenesis laboratory’s supply to elite US athletes. Paul J. Greene, founder of Global Sports Advocates LLC, examines whether MLB had the authority to impose such a ban, despite not being a signatory to the World Anti-Doping Code. / read more

For the 2014 season, Formula One will allocate a permanent number to each driver for the rest of his career. Ashley Jess, a Solicitor with Shepherd & Wedderburn LLP, examines whether numbers can be registered as trade marks, as well as exploring potential issues with Formula One’s new approach. / read more

Both Cricket South Africa and the South African Rugby Union have recently reintroduced racial quotas, requiring that a certain number of ‘players of colour’ are included in teams. Andre M. Louw, Senior Lecturer at the School of Law, University of KwaZulu-Natal, examines the history of racial quotas in South African sport. In this first instalment of a two-part article, he highlights examples of instances where teams have not been allowed to compete, or athletes have been denied medals due to their failure to meet racial quotas. He examines whether such quotas fit with the Olympic Charter and South Africa’s Constitution. / 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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