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Cañas, anti-competitive doping rules and injury-curtailed careers
Retirement comes too soon for many professional sports players, but for Guillermo “Willy” Cañas, an Argentinean tennis player ranked once ranked world number 8, there was yet more to be lost upon...
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When can an Athlete refuse a Drugs Test?
It is an anti-doping violation for an athlete to refuse or fail “without compelling justification” to submit to a sample collection. The violation ordinarily gives rise to a two year ban (Article 2...
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The awakening Tiger – The rise of Sports Law in Asia
I have just returned from a fascinating Bar Council/UK Trade delegation to Seoul, South Korea and Shanghai and Beijing, China. What I was talking about there was sports law and the potential for its...
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They don’t shoot horse riders, do they?
Afficionados of Sherlock Holmes will recall “The Adventure of Silver Blaze”, a tale of horse nobbling and dark deeds amidst the turf fanciers of late Victorian England. “Silver Blaze” (incidentally the...
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CAS’ jurisdiction on thin ice following Pechstein challenge
The Munich Court of Appeal (“OLG”) has determined that a decision by the Court of Arbitration for Sport (“CAS”) is void, and that its arbitration award should not be recognised, in a startling decision...
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After FIFA/IAAF corruption – time for institutional change
Sport has failed. 2015 may well go down as the most disgraced year in the history of sport. But it should also go down as the year things changed. The year when it finally became apparent that sport...
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The FA v Jake Livermore – Proportionality trumps mandatory doping sanction in...
In Football Association v Jake Livermore, [fa-v-jake-livermore-final-sept-2015—redacted-3], an FA Regulatory Commission on 8 September 2015 applied the proportionality principle so as not to impose...
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A riddle wrapped in a mystery inside an enigma: the Sharapova case
The recent decision of the ITF’s Anti-Doping Tribunal in the Sharapova case is a fascinating peek into the world of elite level tennis: it may also be a stark illustration of how rare a four-year ban...
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COMPELLED CONSENT—PECHSTEIN & THE DICHOTOMY AND FUTURE OF SPORTS ARBITRATION
Claudia Pechstein addressing the FIFPro congress, December 2015 “The plaintiff has signed the arbitration agreement voluntarily. The fact that she acted determined by others since she would not have...
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