A guide to rights protection at major sporting: Part 3- surprises & over enforcement
Law In Sport
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7M ago
Part 1 and Part 2 of this three part guide introduced rights protection programmes and looked at the first five steps: Step 1 – Identify and prioritise core rights over collateral rights Step 2 – Contract early with key parties to pre-empt risk of ambush marketing Step 3 – Educate the public & commercial partners about the enforcement of rights Step 4 – Monitor actively and smartly for potential breaches Step 5 – Develop an intelligent and proactive enforcement strategy In the final part of this guide, the authors look at steps 6 and 7: being ready for surprises, and hav ..read more
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A guide to rights protection at major sporting events: Part 1 - identify rights & managing risk
Law In Sport
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7M ago
This three part guide provides seven practical steps to consider when creating a rights protection programme for major sporting events such as the Olympic & Paralympic Games, regional and world Championships.    The guide covers: Step 1 – Identify and prioritise core rights over collateral rights Step 2 – Contract early with key parties to pre-empt risk of ambush marketing Step 3 – Educate the public & commercial partners about the enforcement of rights Step 4 – Monitor actively and smartly for potential breaches Step 5 – Develop an intelligent and proactive enforcement st ..read more
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‘Golden Mitigation’ in football: Lessons from the Nottingham Forest's Profitability & Sustainability Regulations Appeal decision
Law In Sport
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7M ago
This article analyses the legal reasoning in the recent decision of an independent Appeal Board in Nottingham Forest Football Club Limited v The Football Association Premier League Limited. It goes on to consider whether (and, if so, to what extent) there exists a principle of ‘golden mitigation’ under the EPL Profitability and Sustainability Regulations, concluding with an assessment of possible future changes to financial regulation in football. Article Highlights Introduction Understanding the PSR Forest’s breach and the first instance decision “Golden mitigation” or “near miss” argument ..read more
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What steps can sports organisations take to protect officials & athletes from online abuse?
Law In Sport
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7M ago
“We have gone from a vertical society to a horizontal society where everybody has an opinion about every decision you make, and everybody has an opinion on the Internet straight away.”[1] In 2024, former Arsenal Manager Arsène Wenger’s words could not be more relatable. The internet has many wonderful features. It allows us to share, create, inspire, generate income, raise awareness, and meet new people. It has given us access to things that Wenger wouldn’t have even thought about when he made that statement. And with social media, it permits us direct access to people that we do not know an ..read more
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Swiss Federal Tribunal rules on clause excluding FIFA & CAS jurisdiction through footballer’s employment contract
Law In Sport
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7M ago
This article deals with a recent decision of the Swiss Federal Tribunal (“SFT”) relating to a dispute between a footballer and his club. The case centers on the interpretation of a jurisdiction clause within the player's contract and the role of the Court of Arbitration for Sport (">CAS") in such matters. The case examines the aspect of ‘international dimension’ as enshrined under the FIFA Regulation on the Status and Transfer of Players (“RSTP”) in relation to the jurisdiction of FIFA and CAS in relation to employment disputes and the possibility of excluding their jurisdiction in favour ..read more
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Legacy of success: The transformative impact of the 2023 FIFA Women’s World Cup on Australian sport
Law In Sport
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7M ago
5 minutes. That’s all it took for the now legendary purple jersey worn by the Australian (Matildas) goalkeeper Mackenzie Arnold during the 2023 FIFA Women’s World Cup (2023 World Cup) to sell out following its first online release at 12pm on Tuesday 26 February 2024. Arnold was the Matildas’ goalkeeper during the tournament and won over fans with her heroic efforts during their quarter-final victory against France, in which her efforts during the penalty shootout secured the Matildas’ first semi-final appearance at a FIFA World Cup finals tournament. While there were a number of Matildas fan ..read more
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Swiss Federal Tribunal reiterates the importance of time limits to safeguard procedural fairness
Law In Sport
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1y 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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1y 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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1y 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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1y 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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