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World Sports Advocate

Volume: 7 Issue: 12
(December 2009)


News

Speed skater Claudia Pechstein has been granted clearance to compete until the Swiss Federal Court hears her appeal against the Court of Arbitration of Sport's (CAS) 25 November confirmation of a two-year ban, imposed by the International Skating Union (ISU) using blood profiling. The case could call into question the use of blood profiling under the World Anti-Doping Agency's (WADA) Athlete Biological Passport to ban athletes. It is the first time that an athlete has been banned for blood doping using blood profiling only. / read more

The Badminton World Federation (BWF) has refused to approve London 2012's plans to move badminton across London from Greenwich to Wembley Arena, and has asked the London Organising Committee for the Olympic Games (LOCOG) for more information. Paragraph 34 of the Host City Contract for the Games of the XXX Olympiad in 2012 requires 'the prior written approval of the IOC [International Olympic Committee], in consultation with the relevant IF [International Federation]' for venue changes. / read more

Anti-doping experts from bodies such as the Union Cycliste Internationale (UCI), SportAccord, London 2012 and the Rugby Football Union (RFU) will address Tackling Doping in Sport 2010, a World Sports Law Report and Hammonds LLP event taking place on 24 February at the London offices of Hammonds. / read more


Features

The Court of Arbitration for Sport has suspended a FIFA ban on Chelsea conducting player transfers until it hears the case next year, after FIFA found the club guilty of inducing Gael Kakuta to breach his contract with Lens. Richard Williams, a member of the sports law group at Denton Wilde Sapte LLP, examines which FIFA Regulations Chelsea has breached, possible avenues of appeal open to Chelsea under EC and domestic law, and the impact that recent and pending cases could have on Chelsea's chosen method of appeal. / read more

The Hero Global Football Fund has recently announced proposals to loan money to football clubs. Simon Thorp, a Partner with Onside Law, comments on how the Football Association's, Premier League's and Football League's guidelines on third-party investors apply to the Hero Global Football Fund. / read more

A recent ruling by Ofcom that BSkyB has breached the Broadcasting Code by allowing Specsavers to sponsor the 'Hawkeye' graphical system has highlighted that there can be a fine line between advertising that is part of a sporting broadcast (prohibited) and programme-related advertising (permitted). Tim Taylor and James Hennigan, of Hammonds' sports and media law group, examine the current rules under the Code, Ofcom's reasons for rejecting Specsavers' sponsorship and proposed changes to the Code following the Audiovisual Media Services Directive. / read more

Rule 7.1 of the Broadcasting Code, which obliges broadcasters to treat individuals fairly, recently came under scrutiny in a sporting context during a case involving a handler who had been shown apparently mistreating a horse. Angus Bujalski and Eleanor Steyn, Associates with Michael Simkins LLP, examine how although At The Races' (ATR) coverage failed to take into account earlier incidents - such as the hospitalisation of a groom - it was judged to be fair by Ofcom, as ATR could not have known about the earlier incidents. / read more

FIFA recently introduced Magnetic Resonance Imaging (MRI) scans to help prevent the fielding of over-age players competing in the 2009 U17 World Cup. Adam Wilkes, a Solicitor with Field Seymour Parkes, examines why FIFA took the decision to use MRI, its reliability in determining age to the accuracy required for tournament eligibility, and the potential for its adoption by other sports. / read more

Kevin Keegan's award of £2 million in damages for constructive dismissal as Manager of Newcastle United (as well as Alan Curbishley's victory against his previous club, West Ham) highlights a number of issues that sports lawyers should routinely consider. Kevin Groome and Mike Townley, of Bates Wells & Braithwaite LLP's Sports Unit, analyse the findings of the arbitration panels. / 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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