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World Sports Advocate

Volume: 7 Issue: 6
(June 2009)


News

The Court of Arbitration for Sport's (CAS) ruling that Matuzalem Fracelino da Silva and Real Zaragoza SAD must pay compensation of €11.9 million to FC Shakhtar Donetsk shows that 'positive interest' can be used to create substantial liability for players found to have unilaterally breached their contracts without just cause. Positive interest involves setting an amount which puts the aggrieved party back in the position they would have been should the contract have remained in place. It appears at odds with the CAS decision in Webster (CAS 2007/A/1298-1300), which awarded Heart of Midlothian the value of the wages left on Webster's contract (£150,000), leading players to believe that they could buy out the remainder of their contract if they compensated their club for remaining wages. / read more

FIFA, the FA Premier League, FIFPro and the Court of Arbitration for Sport (CAS) will be speaking at World Sports Law Report's second annual Player Issues: Contracts & Regulations full-day conference, at the London offices of Hammonds LLP on 1 July. / read more

The Fédération Internationale de Natation (FINA) will re-examine any swimming records set using previously approved swimsuits it is requiring to be re-examined, after it revised its Swimwear Approval Procedures on 14 March (Dubai Charter). / read more


Features

The Court of Arbitration for Sport (CAS) recently ruled that the International Biathlon Union had not done enough to accommodate Kaisa Varis' request to be represented at the opening of her 'B' sample under the World Anti-Doping Agency's (WADA) International Standard for Laboratories, despite offering alternative representation. Mike Morgan, a Solicitor at Hammonds LLP, explains the facts of the case and the difficulty in reconciling WADA rules with previous CAS jurisprudence. / read more

Spain recently implemented antidoping regulations which attempt to tackle doping in sport whilst preserving constitutional rights to privacy. Rodrigo García and Mario Resino, of Cuatrecasas, Gonçalves Pereira, highlight inconsistencies between the requirements of the World Anti-Doping Code and the Spanish regulations, and how they illustrate the argument between those that think the fight against doping should trump constitutional rights and those keen to protect those freedoms. / read more

A recent High Court ruling in a dispute between boxer Joe Calzaghe and Sports Network Limited served to highlight the conflict of interest that exists between boxers and their agents/promoters, which are often the same person/company. Although Sports Network's claim of an agreement with the boxer was dismissed due to a lack of written evidence, Christopher Anderson, an Associate at Slaughter and May, uses this case to examine the regulation of agents and promoters in boxing. / read more

In response to the global recession, the UK Government's 2009 Budget implemented new measures designed to progressively tax the wealthy. Richard Baldwin, an Independent Tax Consultant, highlights how these measures will hit professional athletes, how UK tax laws only provide limited exemptions for sport in contrast with other countries and argues that it is time for sport to take direct action to force the UK Government to change its policies. / read more

Football's governing bodies, FIFA and UEFA, have made clear their opposition to the International Standard for Testing, introduced under the new version of the World Anti-Doping Agency (WADA) Code, adopted from 1 January. Stephen Farrow, an Associate with Norton Rose LLP, examines the reasons that football is opposed to the requirements, WADA's refusal to compromise, possible sanctions for non-compliance, the European Commission's viewpoint on the requirements and possible action that football can take if its hand is forced. / 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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