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World Sports Advocate

Volume: 14 Issue: 5
(May 2016)


News

On 13 May 2016, the World eSports Association (‘WESA’) was formed by the Electronic Sports League (‘ESL’) and a number of eSports teams, in an effort to professionalise the industry and bring it in line with other regulated sports. / read more

Cricket Australia announced on 11 May 2016 that it is considering allowing ‘concussion substitutes’ in domestic cricket and that the International Cricket Council (‘ICC’) is to consider allowing substitutes in first-class cricket at its meeting on 31 May 2016. / read more

World Anti-Doping Agency (‘WADA’) President Craig Reedie has called for the rallying of all sports stakeholders to the clean sport cause, posing the question as to whether sponsorship revenue from cheating athletes and a possible levy on TV rights should be introduced to fund the fight against doping, in a blog article published on WADA’s website on 9 May 2016. / read more

The Russian Government issued its official Opinion on 31 May 2016 on the proposed bill to criminalise doping that was introduced to the Russian State Duma (the lower chamber of the Russian Parliament) on 25 March 2016, stating that it is generally in support of the Bill subject to a number of proposed corrections. / read more

National Rugby League (‘NRL’) CEO Todd Greenberg stressed on 2 June 2016 that the NRL will ban anyone found guilty of match-fixing for life following allegations of match-fixing in rugby league. Greenberg confirmed that New South Wales Police are currently conducting an investigation into the alleged activities, but that as yet this is not a formal investigation. / read more

The Asian Football Confederation (‘AFC’) Governance Reform Task Force met on 1 June 2016 in Kuala Lumpur to examine the recent FIFA reforms and discuss the creation of a whistleblower policy. / read more

The German Federal Court of Justice (Bundesgerichtshof, ‘BGH’) ruled against speed skater Claudia Pechstein’s challenge to the authority of the Court of Arbitration for Sport (‘CAS’) on 7 June 2016, declaring that Pechstein had received a fair hearing from the CAS in 2009 when she moved to challenge a two-year suspension from the International Speedskating Union (‘ISU’) over alleged blood doping. The BGH’s ruling acknowledges that the CAS is an arbitral tribunal and that the CAS Code as well as the review of judgments by the Swiss Federal Tribunal do sufficiently protect athletes’ rights, however the BGH’s ruling could also suggest a possible need for reform, namely to the composition of the International Council of Arbitration for Sport (‘ICAS’) and the potential for parties to select arbitrators from outside of the ‘closed list.’ / read more


Features

The World Anti-Doping Agency (‘WADA’) issued a Notice to stakeholders regarding meldonium on 13 April 2016, providing clarification on its inclusion in the prohibited substances list and the extent of existing excretion studies following the large number of positive samples for the substance. Claude Ramoni, Partner at Libra Law, provides detailed analysis of the ambiguities concerning meldonium and the combined application of strict liability provisions that could result in disproportionate sanctions. / read more

Newcastle United FC’s relegation from the Premier League will have been met with bitter disappointment in all quarters of a city that is obsessed with football. It will be all the more galling coming at the hands of arch-rivals (and fellow Northeast strugglers) Sunderland, whose victory against Everton sealed the Club’s fate. While the Club’s relegation has been anticipated for months, its treatment of out-of-favour midfielder Jonas Gutierrez was unforeseen by those outside St James’ Park. The litigation that ensued throws up a number of interesting legal issues for players, clubs, and the wider sporting world, as Peter Finding of Withers LLP, explains. / read more

An app allowing users to upload and share eight second video clips of highlights from sporting fixtures has been found to infringe the copyright of the broadcaster, providing much needed clarity for sports rightsholders and indeed the legal sector. Anastasia Fowle, Partner at Shoosmiths LLP, discusses the details of the case: England and Wales Cricket Board Ltd and Sky UK Ltd v. Tixdaq Ltd and Fanatix Ltd [2016] 575 EWHC (Ch), and its implications for the sports industry. / read more

J. Tyrone Marcus, Senior Legal Officer at the Ministry of Sport and Youth Affairs, and Adjunct Lecturer in Law and Sport at the University of the West Indies, in this article discusses the progress towards good governance in Caribbean sport in light of the recent global revelations concerning corruption. / read more

Whilst it may seem early to analyse the potential consequences of an exit of the United Kingdom from the European Union, the impact, particularly on football, is worth discussing. With less than three months to the next transfer window, British clubs will be following this debate closely, as the decision to recruit European talent may be conditioned by strict immigration regulations. Andrew Osborne, Partner at Lewis Silkin LLP, studies the potential effect of a ‘Brexit’ on UK football. / 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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