Swiss Federal Tribunal reiterates the importance of time limits to safeguard procedural fairness
Law In Sport
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4M ago
This article discusses a recent decision of the Swiss Federal Tribunal (“SFT”) discussing the importance of adherence to time limits to issue arbitration awards to safeguard procedural fairness1. The decision can be read here: 4A_442/2023, judgment of 11 January 2024 AuthorDr Despina Mavromati ..read more
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The Swiss Federal Tribunal’s key sports law judgments of 2023
Law In Sport
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4M ago
This article summarises key judgments from the Swiss Federal Tribunal in 2023 in the field of sports law.  The principles and cases examined are: The nature of the CAS Anti-Doping Division proceedings FIFA PSC jurisdiction to hear set-off claims for damages against contractual claims in transfer disputes ‘Ne bis in idem’ (double jeopardy) in disciplinary proceedings initiated at both national and international levels The principle of procedural celerity (swiftness) re. extensions to issue a CAS award and the validity of the arbitration agreement Right of a complainant to obtain the ful ..read more
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An analysis of the new CAS Guidelines on examining vulnerable witnesses and testifying parties
Law In Sport
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5M ago
In December 2023, the International Council of Arbitration for Sport (“ICAS”) issued new Guidelines for the hearing of vulnerable witnesses and testifying parties in procedures before the Court of Arbitration for Sport (“CAS”) (“Guidelines”)1. The Guidelines are designed to enable vulnerable witnesses to deliver testimony in a safe manner and to incentivise reluctant witnesses to testify. They set out best practice recommendations for all CAS Divisions, especially in relation to CAS hearings, for the protection of vulnerable parties and witnesses, with CAS Panels having a broad discretion to ..read more
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Navigating The FA Cup Player Eligibility Rules for 2023-24 and pitfalls to avoid for football clubs
Law In Sport
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6M ago
Within the last few weeks an unusual event has happened not once but twice: clubs competing in the FA Cup have fielded an ineligible player and had to pay a heavy price. This article addresses the player eligibility rules for participation in the FA Cup 2023-24, with a focus on two recent high-profile incidents of clubs fielding an ineligible player. The article also provides practical advice for clubs to achieve compliance with the relevant regulations. This article considers: Recent cases Barnsley FC Forest Green Rovers What are the key FA Cup Rules governing the eligibility of players ..read more
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Rugby League player Harry Aaronson serves one-month ban for Anti-Doping Rule Violation
Law In Sport
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7M ago
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Football Legal Aid Fund: A Step Towards Access to Justice for Players, Clubs & Agents
Law In Sport
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9M ago
FIFA and the International Council of Arbitration for Sport (“ICAS”) earlier in the year announced the establishment of a legal aid fund specifically available for parties to football-related disputes before the Court of Arbitration for Sport (“CAS”) in the form of the Football Legal Aid Fund (“FLAF”)[1]. FLAF is in force as from 1 February 2023 and is the first such fund to be dedicated exclusively to football-related matters. This article discusses how the FLAF will work and its potential impact on footballers, clubs and licensed football agents. AuthorHarry Bambury ..read more
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Balancing stakeholder interest in Women’s football - a commentary on the Carney Review
Law In Sport
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10M ago
Women’s football is firmly in the spotlight this summer.  Following a record-breaking 2022/23 English domestic season, where viewership and live audiences for the Women’s Super League (“WSL”) hit an all time high, the expanded World Cup format on display in Australia and New Zealand showcased the ever-increasing quality and strength in depth of the women’s game[1].  Despite losing out to Spain in the final, the Lionesses have captured the interest of the nation.  This is borne out by the TV figures for the final, with a reported 14.4 million tuning in across the BBC and I ..read more
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Leicester City FC Fined By UK Competition Authority: Key Learnings For Sports Organisations
Law In Sport
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10M ago
On 31 July 2023, the UK Competition and Markets Authority (“CMA”) issued an infringement decision finding that Leicester City FC colluded with JD Sports to restrict competition in the sales of Leicester City-branded clothing, including replica kit, over the course of 2018 to 2021. Both parties admitted the infringements, with Leicester City FC fined £880,000 for its conduct (reflecting a discount of up to 20% of the fine which would otherwise have been imposed due to its participation in the CMA’s settlement procedure). JD Sports avoided a fine under the CMA’s leniency programme by reporting ..read more
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The lifecycle of an international athlete - Important pension considerations
Law In Sport
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11M ago
This is the fifth in Penningtons Manches [Cooper]’s series of blogs addressing the key legal issues that international athletes and their advisors should consider before coming to work in the UK. Pensions expert Clare Coley looks at the importance of pensions savings. This is in the context of professional athletes having a relatively short career and therefore needing to manage their finances carefully in order to provide for a future after retirement from professional sport. Athletes coming to the UK from abroad should actively consider their options for pension saving in this country, pri ..read more
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15 Top Tips For Indian Athletes Working With Sports Agents
Law In Sport
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11M ago
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