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Browse \ Tags \ Sport Law

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Nationality in Sport: Nailing your Colours to the Mast?

A person's nationality can be an emotive thing. Stringent rules often operate regarding whether one can become a national of another country. These rules, however, are somewhat short-circuited by an alternate procedure in sporting law. Can they co-exist, and what will be the position after Brexit?

11:00, 21st May 2019
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Sports Arbitration Revisited Pt II: Mutu and Pechstein v Switzerland

Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.

11:00, 16th October 2018
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Sports Arbitration Revisited Pt I: Mutu and Pechstein v Switzerland

Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.

11:00, 9th October 2018
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Financial Fair Play in Football: Curbing the Excess or the Enthusiasm?

Football, a favourite pastime of the nation, is also the basis for truly ludicrious levels of investment, winnings and spending. As such, UEFA introduced Financial Fair Play Regulations to discourage football team insolvency. This article assess the compatibility of the Regulations with EU law.

11:00, 25th September 2018
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Forced Arbitration in Sport: A Knock-Out Blow?

Many industries include arbitration clauses in their contracts to steer dispute resolution away from ordinary courts. However, arbitration agreements in sport are forced: the regulations of Sports Governing Bodies are rarely negotiated, so athletes must either accept them or give up their career.

11:00, 14th September 2018
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Spanish Rugby in the Dock Part III: The End of the Line?

An appeal committee upheld a first-instance decision that blocks the Spanish rugby team from qualifying for the Rugby World Cup 2019. Both decisions hold that Spain acted contrary to the laws of rugby. In the third of a three part series, Ben Cisneros examines the final chapter of this sorry saga.

11:00, 26th June 2018
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Spanish Rugby in the Dock Pt II: Mitigating Ineligibility

The Spanish rugby team will miss out on qualifying for the Rugby World Cup 2019 after fielding ineligible players. An independent committee confirmed they had breached the laws of the game. However, in the second of a two part series, Ben Cisneros suggests there remains a glimmer of hope for Spain.

18:00, 20th May 2018
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Spanish Rugby in the Dock Pt I: Finding Grounds for Appeal

A Rugby World Cup 2019 qualification match between Belgium and Spain was steeped in controversy. But in a recent decision, an independent committee declined to order a replay. In the first of a two part series, Ben Cisneros looks at how English law might help Spanish Rugby challenge this ruling.

11:00, 18th May 2018
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Crossing the Line in Sport: Is Cheating Always Wrong?

The distinction between "gamemanship" and "cheating" in sport is often discussed. In theory, it sets out the line that athletes should not cross. However, an examination of a number of sporting controversies casts serious doubt on the importance of that distinction; other factors are at play.

11:00, 10th April 2018
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Affray Outside Off-Stump: Explaining Ben Stokes’ Charges

England cricketer Ben Stokes was charged earlier this week with the offence of affray following an incident that occurred outside a Bristol nightclub in September 2017. This article explains what exactly he is being charged with, what the prosecution must prove and what defences might be used.

12:00, 16th March 2018
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Teeing Off: Opening the Door to Easements for Sporting Facilities

Though sport's prominence in society is widely accepted, the legal world has been slow to catch up. Yet the times they are a changing: excitingly, last summer, the Court of Appeal accepted the public interest in accessing sporting facilities could trigger the recognition of an easement.

12:00, 6th March 2018
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Fixed-Term Contracts in Football: Foul Play or Fair Game?

The idea of footballers being signed on short-term contracts has been a widely accepted part of the sport. However, in a recent German case, a player challenged the legality of these contracts; if he had been successful, this could have had a revolutionary effect on the beautiful game.

12:00, 9th February 2018
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Defining a Sport: A Bridge Too Far for VAT Exemptions?

Deciding whether or not an activity is a sport can have important tax consequences, as the governing body of Bridge discovered. But while the European Court of Justice ruled that Bridge does not constitute a sport, the decision overlooked several crucial factors that should have been accounted for.

12:00, 1st December 2017
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Challenging the Call: Sporting Governing Bodies and Judicial Review

The courts have long resisted extending judicial review to sporting governing bodies, utilising a strained notion of contract to provide cover where necessary. But, with sport playing such a major public role in society, it is time for these bodies to have their decisions face greater scrutiny.

11:00, 20th October 2017
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Editors' Pick October

To Infinity and Beyond: Legislating for the Peaceful Use of Outer Space

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