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.
Category: Sports Law
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.