Three world-class swimmers and the International Swimming League have commenced proceedings in California against FINA to prevent it from banning swimmers, who compete in “non-authorised” swimming events, from competing at the Olympics.
Category: Sports Law
The Court of Arbitration for Sport (“CAS”) has partially upheld an appeal by swimmer Shayna Jack reducing her period of suspension from 4 years to 2 for taking the banned substance, Ligandrol.
19 March will mark the one year anniversary of the National Sports Tribunal. This article examines the four decisions of the Tribunal to date.
Rugby World Cup Limited issued misconduct charges against the Scottish Rugby Union alleging that comments it made in relation to the management of Typhoon Hagibis were unfair, untrue and brought Rugby World Cup Limited into disrepute. This article considers the findings of the Disputes Committee.
Since Caster Semenya launched herself onto the international stage in spectacular fashion, she has been under a cloud of suspicion and controversy. She is currently excluded from competition but her story seems far from over.
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.
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.