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World Sports Advocate

Volume: 12 Issue: 9
(September 2014)


News

Sport’s national governing bodies (NGBs) are concerned that should Scotland vote in favour of independence from the UK on 18 September, uncertainty over athlete status, funding and training could harm their prospects at the Rio 2016 Olympics. “National governing bodies are concerned that there is not a lot of time between now and Rio,” said James Allen, Head of Policy for the Sport & Recreation Alliance, an umbrella body for NGBs in the UK. “They would like to know what the position is, sooner rather than later.” / read more

The Sports Authority of India (SAI) has reportedly formally requested permission from India’s Ministry of Youth Affairs and Sport to appeal before the International Association of Athletics Federations (IAAF) against a ban imposed by the Athletics Federation of India (AFI) on Dutee Chand, for failing to comply with IAAF guidelines on testosterone levels. It is understood that the AFI wrote to Chand on 29 August to inform her of this after she was unexpectedly not included in either India’s Commonwealth Games team, named on July 15, or India’s Asian Games team, announced 20 August. / read more

The South African Sports Confederation and Olympic Committee (SASOC) will meet on 18 September to consider Oscar Pistorius's eligibility to represent South Africa in future competition. Paralympian Pistorius was found guilty of the culpable homicide of his girlfriend, Reeva Steenkamp, on 12 September by North Gauteng High Court. / read more


Features

As the summer transfer window draws to a close, Barry Lysaght, Integrity and Compliance Counsel for FIFA Transfer Matching System GmbH, explains how the registration period - or ‘transfer window’ - functions and how it is policed by FIFA. He examines cases where players can be registered outside of the ‘window’ and how these exceptions can be abused, as well as how FIFA warns clubs and national associations against facilitating such practices. He also explains the sanctioning process should a breach of the rules occur. / read more

During August, the English Premier League warned that it was considering taking legal action against fans that consistently upload videoed content onto social media sites, in order to protect its media contracts. Simon Baggs, Co-Founder and Managing Director of Incopro and Head of IP/Rights Protection at Wiggin LLP, examines whether copyright exists in short action clips and potential action that can be taken by sports concerned about their use. / read more

Early last month, Bernie Ecclestone, the Formula One Chief Executive, bought his way out of a lawsuit initiated against him regarding an alleged bribe to influence the sale of a stake in F1. Nevertheless, it may soon happen that Mr Ecclestone, aged 83, will not be able to do what in his opinion he does best - run F1. Whether he stays on himself or appoints a successor, F1 must properly address a number of issues it is currently facing. Dr Péter Rippel-Szabó, an Associate with Bird & Bird, provides an overview of the current challenges the highly popular race series must confront. / read more

On 26 June 2014, FIFA’s Disciplinary Committee banned Luis Suárez from (among other things) participating in ‘any kind of football activity’ for a four month period,after he bit another player during the 2014 FIFA World Cup. The sanction attracted attention not just because of its severity, but also because of its uniqueness, providing a very rare example of a suspension for an on-field offence in football extending beyond the competition in which the offence was committed, raising questions as to when it is appropriate to impose such a sanction. Jamie Herbert and Edwina Haddon, of Bird & Bird LLP, examine the case. / read more

In October 2013, Colombia’s government withdrew a Bill designed to protect the employment rights of Colombia’s footballers. Joe Bonilla Gálvez, a Senior Associate with Muñoz Tamayo & Asociados, explains its shortfalls, including why Colombia’s footballers were not in favour of it. / read more

Ex-eSports professional Bjoern Franzen, now a global export management consultant, explains the problem of doping in eSports. / read more

Portugal’s Tribunal Arbitral do Desporto (TAS) is scheduled to begin operating in March 2015. José Manuel Meirim and Marta Vieira da Cruz, of ABBC Sports Law, explain why such a sports arbitration court is needed in Portugal, the powers it will have and the difficulties encountered in passing legislation enabling the creation of the TAS. / 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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