Mediation in sports disputes is growing in popularity. This article reviews the benefits offered by mediation and considers how sports disputes are different from ordinary commercial disputes. The author also offers some practical suggestions for mediators in sports disputes.
Category: Sports Law
The Court of Appeal’s recent decision in Racing Victoria Limited v Kavanagh addresses the state of knowledge required of a trainer to establish an administration offence under the Rules of Racing. The decision will be of interest to those following one of the biggest horse doping scandals in Australian history involving trainers with links to the Aquanita Racing stables.
The WADA Code prohibits athletes from associating with others who are serving a doping ban, or otherwise been sanctioned for conduct that would constitute a violation under the Code.
Do we now live in an age where we will find athletes banned from sport due to who they know, rather than what they do?
The Sports Section of CommBar will co-host a CPD and social event with the Sports Section of the LIV. The topic is “Issues in Racing: Cobalt, Characters and Courts”. It will be in the...
Association with the Olympic brand is a marketer’s dream. Through national and international law, the Olympic Movement is afforded considerable protection against the practice of “ambush marketing” and unauthorised uses of Olympic Insignia. Recently, the Federal Court had opportunity to consider the scope of protection afforded in AOC v Telstra.
CAS panel finds “strands in the cable” sufficiently strong to overturn the AFL Anti-Doping Tribunal’s decision
In this decision, the CAS used the ‘strands in the cable’ approach to the analysis of the circumstantial evidence before it, the majority concluding that it was comfortably satisfied that all players violated clause 11.2 of the 2010 AFL Anti-Doping Code
With the promise of a rare CPD ethics point for fortunate attendees, the Sports Section of the Commercial Bar recently hosted a lively session entitled ‘Sports Law Ethics and Journalists’. Leading the discussion were...
Case Note by Paul Czarnota. The German case of Pechstein v ISU has thrown some doubt over the validity and enforceability of arbitral awards rendered by the Court of Arbitration for Sport, the arbitral tribunal established to determine international sporting disputes. Pechstein may provide a future avenue for challenging sports arbitral awards globally, and in Australia.
The Victorian Supreme Court and Court of Appeal granted urgent enforcement of a Swiss arbitral award obtained by a Formula 1 driver against his former team.
Croft J was asked to consider whether a hearing before the AFL Anti-Doping Tribunal was a “domestic commercial arbitration” pursuant to the Commercial Arbitration Act 2011 for the purpose of issuing subpoenas to compel third parties to give evidence or produce documents.
Did you know there was a Major Sporting Events (Indicia and Images) Protection Bill 2014? It was introduced into Parliament on 26 March 2014. It is designed to provide protections for certain indicia associated with the upcoming: Asian Football Championships to be held in Australia in 2015; the ICC World Cup to be held in Australia and New Zealand in 2015; and the 2018 Commonwealth Games on the Gold Coast, against ‘ambush marketing’.
Monitor’s Report – The Australian Sports Anti-Doping Authority (‘ASADA’) investigation into the AFL and NRL appears to be continuing, despite the two codes almost commencing their next season since the investigation began. It is unclear what the outcome of this will be, and when an outcome will be achieved. Former Federal Court Judge Garry Downes has been appointed to review the ASADA investigation, including to determine whether charges could be laid in respect of alleged infractions.
In this matter Mr Holmes QC, sitting as a sole arbitrator in the Appeal Arbitration Division of the Court of Arbitration for Sport (“CAS”), was called upon to determine the proper construction of the Nomination Criteria relevant to athletes seeking to represent Australia in the sport of Alpine skiing at the 2014 Olympic Winter Games. Arbitrator Holmes QC applied contractual construction principles to construe the relevant criteria, and dismissed the proceeding.