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World Sports Advocate

Volume: 13 Issue: 9
(September 2015)


News

The International Federation of Football Players (‘FIFPro’) has launched a legal challenge against the current transfer system governed by the FIFA Regulations on the Status and Transfer of Players (‘RSTP’). / read more

The recent successful World Cup campaign of the Australian women’s football team, the ‘Matildas’, has been overshadowed by an ongoing dispute between the Football Federation of Australia (‘FFA’) and the Professional Footballers Association (‘PFA’) regarding salary caps, remuneration for the national teams and payment of overdue salaries. / read more

Belgian football club, FC Seraing, was notified on 17 September of the FIFA Disciplinary Committee’s decision to impose a transfer ban and fine of CHF 150,000 on the club for breaching FIFA regulations that ban Third Party Ownership (‘TPO’). / read more


Features

When US District Court Judge Berman announced the vacatur of the arbitral award rendered by the NFL’s Commissioner Roger Goodell in Tom Brady’s disciplinary case, the media was quick to proclaim the player’s freedom. However, the decision focused on formal aspects of arbitral proceedings and prevented any study of the events related to the deflation of footballs before the AFC Championship game which saw two New England Patriots employees removed from their positions and their star quarterback suspended for four matches. Paul Greene, a leading sports law specialist in the United States and founder of Global Sports Advocates, LLC, provides a thorough analysis of Judge Berman’s decision and suggests Brady’s so called freedom, may be more the result of an arbitral technicality and not a formal absolution of the charges against him. / read more

Cyber security and confidentiality are prime concerns when dealing with transfer information in FIFA’s TMS system. Barry Lysaght, Integrity and Compliance Counsel at FIFA TMS discusses the security regulations in the system and the balance between transparency and protecting sensitive information. / read more

Image rights may represent a significant source of income for athletes, often surpassing economic awards gained for their sporting performance. However, the right of a sportsperson to protect and exploit their image does not enjoy uniform and defined regulation. This lack of uniformity may represent a serious concern in a fully globalised market where endorsements and multijurisdictional marketing campaigns are often the norm. In this first installment of a two part article, Luca Ferrari, Stella Riberti, Michael Rueda and Michael Ioannides of Withers LLP examine recent case law continental Europe, and the potential impact these decisions may have on the commercial exploitation of image rights by athletes and sponsors. / read more

FIFA’s regulations for the transfer of players were intended to be adopted uniformly by all member associations. However, FIFA’s reluctance to intervene in domestic football related matters has led to some federations promoting practices which, to the very least, suggest a conflict with fundamental employment principles. Ricardo de Buen, Attorney at Law and a CAS arbitrator, reviews two sui generis systems in Mexican football, the Gentlemen’s Agreement and the Draft, and provides a detailed analysis of these in light of FIFA and employment regulations. / read more

The recent ban imposed on Spanish club Barcelona by the FIFA Disciplinary Committee has brought to light, once more, the issue of player trafficking. The regulations that govern the transfer of underage football players, may have helped curb the illegal inflow of youngsters from Africa and South America, but they fall short of completely preventing player trafficking. Vitus Derungs, a Swiss Attorney at Law and member of French NGO Foot Solidaire, discusses the current regulatory regime and highlights existing shortcomings in the system. / 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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