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World Sports Advocate

Volume: 15 Issue: 1
(January 2017)


News

The Chinese Football Association (‘FA’) announced the introduction of a limit on the number of foreign players that Chinese Super League (‘CSL’) clubs are allowed to field for the upcoming season, reducing the number of foreign players fielded by a CSL team to three. A statement on the Chinese FA’s website, dated 16 January 2017, states that in response to the recent ‘irrational’ investment of Chinese clubs in domestic and international player transfer fees and player compensation, the Chinese FA will introduce a series of measures and initiatives to regulate the operation and management of football clubs in China. This follows an announcement by China’s Administration of Sport that spending caps will be imposed on CSL clubs, following several record-breaking signings made during the winter transfer window. / read more

The Supreme Court of India issued an order on 2 January 2017 for the removal of President Anurag Thakur and Secretary Ajay Shirke from the Board of Control For Cricket in India (‘BCCI’) with immediate effect, due to a failure to implement the recommended reforms proposed by the Lodha Committee (‘the Committee’) and ordered for implementation by the Supreme Court on 18 July 2016. The Supreme Court’s order states that the status report submitted by the Committee recorded that the directions of the Supreme Court had been ignored and that the Committee had observed that the BCCI had repeatedly taken steps to undermine its authority and that of the Supreme Court, which included statements and actions that are ‘grossly out of order and would even constitute contempt.’ / read more


Features

The second part of the McLaren Report was released on 9 December 2016, together with redacted documentary evidence, which has been made available on a public website. The McLaren team has also provided anti-doping organisations with the names of the athletes identified as being part of the practices described in the Report, together with evidence related to such athletes. Some athletes have already been provisionally suspended, on the basis of such evidence. Claude Ramoni, Partner at Libra Law, addresses each of the potential violations identified by the McLaren team and analyses the possible issues that could arise when turning information and evidence from the McLaren Report into evidence that may be validly used as proof of an anti-doping rule violation. / read more

The Football Association’s (‘FA’) announcement that it will be conducting a thorough inquiry into the recent allegations of child sexual abuse has coincided with the UK Government’s consultation on mandatory reporting. Whilst the consultation predominantly focuses on children’s care and welfare services and the professionals working within those services, views have been invited on whether any such duty, if introduced, should be extended to other areas providing services to or working with children, such as sports and other recreational activities. Molly Frost a Child Abuse Solicitor at Jordans Solicitors discusses the Government’s consultation and the need for mandatory reporting in football. / read more

How can you engage investors for the benefit of capital seeking clubs in a profitable way? Which legal boundaries exist in particular in acquiring and possessing economic third party rights of single players? Marc Patrick Schneider and Simon Karlin of Lentze Stopper Rechtsanwaelte, discuss the alternative club financial models available, such as crowdfunding, and instances in which such models of financing may conflict with FIFA’s ban on third party ownership. / read more

In the wake of the final instalment of the McLaren Report, Valeriy Fedoreev, Partner at CMS, Russia, shares his concerns about the extent of the evidence provided. / read more

In terms of football, a lot of progress has been made in China during the last few months and years - in both directions: many European players are now employed in China, and many Chinese investors are focusing on acquiring European football clubs. This development was not only welcomed by Chinese football supporters - football is the number one sport in China - but also triggered and catalysed by the Chinese Government, which set out guidelines to boost China’s football industry with the aim of achieving top level performance on the international playing field. Hence, with regard to future transfers to and from clubs in China it is important to take a closer look at the emerging and increasingly important market of football in China and at the agreements surrounding transfers and employment relationships, as Dr Hermann Lindhorst, Attorney-at-Law at SCHLARMANNvonGEYSO, explains. / 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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