The Jurisprudence of the FIFA Dispute Resolution Chamber

Author: Frans de Weger
Publisher: Springer
ISBN: 9789462651265
Release Date: 2016-09-30
Genre: Law

This book addresses the most important judicial aspects in relation to the FIFA Dispute Resolution Chamber (DRC), as well as the different categories of disputes, inter alia, the termination of player contracts, the amount of compensation, sporting sanctions, training compensation and the solidarity mechanism. The DRC was established in 2001 by FIFA for the purpose of resolving disputes regarding the international status and transfer of players. Since then the DRC has developed into a major and influential alternative resolution body, with an impressive and everincreasing caseload. In this updated and revised Second Edition the most important decisions of the DRC as of the date of its establishment in 2001 until 2016 are analysed. It is a reference work for those with a legal and financial interest in professional football, such as lawyers, agents, managers and administrators, but is also aimed at researchers and academics. Michele Bernasconi, Attorney-at-law in Zurich, Switzerland, Arbitrator at CAS and President of the Swiss Sports Law Association provided a foreword for the book. Frans M. de Weger is senior legal counsel working for the Dutch Federation of Professional Football Clubs (FBO). In 2015 he was, at the proposal of the European Club Association (ECA), appointed as an arbitrator for the Court of Arbitration for Sport (CAS). As a legal counsel and a CAS arbitrator he is involved in several national and international football-related legal disputes. This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval. “Frans de Weger’s work on the jurisprudence of the DRC is a “must-have” for anybody dealing with sports law and, in particular, dealing with football issues under the FIFA Regulations on the Status and Transfer of Players.” Massimo Coccia Professor of International Law and Attorney-at-Law in Rome and CAS Arbitrator “Where to go when trying to understand the FIFA Regulations on the Status and Transfer of Players? Now Frans de Weger has the answer with his new version of the much-awaited and needed Jurisprudence of the FIFA Dispute Resolution Chamber.” Juan de Dios Crespo Pérez Sports Lawyer “The second edition of this book, which is systematic and practical at the same time, will surely be of great interest to both specialists active in the world of “football law” and aspiring individuals.” Wouter Lambrecht Attorney-at-law, Head of Legal at the European Club Association, FIFA Dispute Resolution Chamber Member and Mediator at the CAS

Yearbook of International Sports Arbitration 2015

Author: Antoine Duval
Publisher: Springer
ISBN: 9789462651296
Release Date: 2016-10-21
Genre: Law

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of Arbitration for Sport (CAS) and national courts in 2015. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the CAS (e.g. the Dutee Chand case) and national courts (e.g. the Pechstein and Wilhelmshaven decision rendered by the OLG München and OLG Bremen in Germany). Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

Introduction to International and European Sports Law

Author: Robert C.R. Siekmann
Publisher: Springer Science & Business Media
ISBN: 9789067048521
Release Date: 2012-04-23
Genre: Law

The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of “sport specificity” (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football (“soccer”) is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.

Modern Sports Law

Author: Jack Anderson
Publisher: Bloomsbury Publishing
ISBN: 9781847317377
Release Date: 2010-10-26
Genre: Law

The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur. Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally. While the book is aimed primarily at students, and is designed to cover fundamental and topical areas of sports law (sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law), it should also prove of wider interest to practitioners, sports administrators and governing bodies; and though focused primarily on UK law it will also appeal to readers in Australia, Canada, New Zealand and the USA.

Sports Law

Author: Michael Beloff
Publisher: Bloomsbury Publishing
ISBN: 9781782250340
Release Date: 2012-10-19
Genre: Law

Sports law has been growing with increasing rapidity over the years since the first edition of this book was published in 1999, regularly making headlines as well as leading to a developing body of law practised by specialist lawyers. This revised work, by leading practitioners in the field, with a foreword by Lord Coe, provides a coherent framework for understanding the principles of sports law in this area, as well as a deep analysis of its key features. The subject is split into various areas of practice: first, regulatory rules, which embrace the constitutional aspect of organised sport, including the disciplinary procedures of the various governing organisations; second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players; and third, player's rights and obligations, which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. London 2012 provides an appropriate point at which to assess the current state of the law, as well as a look to the future. The target readership extends from solicitors, barristers and legal advisers, to sports organisations and clubs, corporations involved in marketing and sponsorship, media companies, academics teaching sports law, and sports administrators. "I commend it to everyone who has to administer sport as well as to those who have to advise the administrators or argue cases in the field on whatever side. It is a gold medal book.?? From the Foreword by Lord Coe KBE

CAS and Football Landmark Cases

Author: Alexander Wild
Publisher: Springer Science & Business Media
ISBN: 9067048089
Release Date: 2011-11-16
Genre: Law

FIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and researchers. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

Lex Sportiva What is Sports Law

Author: Robert C.R. Siekmann
Publisher: Springer Science & Business Media
ISBN: 9789067048286
Release Date: 2012-01-19
Genre: Law

The important theme “What is Sports Law?” was the topic of the international Conference on “The Concept of Lex Sportiva Revisited”, which took place in Jakarta in late 2010. Academics and practitioners are still in debate to agree on this concept as is evident in this book. This book not only contains the worked out contributions of this Conference, but also other related chapters on the subject. It produces a reassessment of the content of Sports Law and its terminology keeping a close eye on the current literature. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

Grundfreiheit ohne Markt

Author: Ferdinand Wollenschläger
Publisher: Mohr Siebeck
ISBN: 3161492439
Release Date: 2007
Genre: Law

Ferdinand Wollenschlager untersucht die pratorische Entfaltung der Unionsburgerschaft. Er leistet indes nicht nur eine fur Wissenschaft und Praxis gleichermassen bedeutsame dogmatische Strukturierung der kaum noch uberschaubaren Rechtsprechung des EuGH zur Unionsburgerschaft, deren methodische Belastbarkeit und Konsequenzen namentlich fur die nationalen Sozialleistungssysteme kritisch hinterfragt werden. Der Autor beleuchtet zudem Kontinuitaten und Bruche, Illusionen und Perspektiven beim Ubergang von einem marktfreiheitlichen zu einem unionsburgerlichen Freizugigkeitsregime und zeigt die hierdurch erforderlich gewordenen Neujustierungen im System der Grundfreiheiten auf. Gleichzeitig entfaltet er das neue Institut der Unionsburgerschaft als zur nationalen Staatsangehorigkeit komplementaren Baustein in einem durch mehrfache Zugehorigkeiten gekennzeichneten Mehrebenensystem Europaische Union. Dieses Buch wurde mit dem Fakultatspreis der Juristischen Fakultat der LMU Munchen und dem Promotionspreis der Munchener Juristischen Gesellschaft ausgezeichnet.

Transnationales Recht

Author: Gralf-Peter Calliess
Publisher: Mohr Siebrek Ek
ISBN: 3161529588
Release Date: 2014
Genre: Law

Eine der zentralen Herausforderungen der heutigen Rechtswissenschaft besteht in der Suche nach Antworten auf die Frage, wie das Recht auf die Phanomene der Globalisierung eingestellt werden kann. Zu dieser Frage hat sich hier eine Reihe von Wissenschaftlern aus der Perspektive ihres jeweiligen Fachgebiets geaussert. Das Ergebnis ist eine Sammlung von Beitragen zur Theorie des transnationalen Rechts, aber auch zu konkreten Anwendungsfeldern wie dem Finanzmarktrecht, dem Arbeitsrecht, dem Strafrecht, dem Verwaltungsrecht, dem Europarecht und weiteren Bereichen jeweils mit Darstellung von disziplinaren und interdisziplinaren Bezugen. Die Autoren der Beitrage haben aus ihrer jeweiligen Perspektive den aktuellen Stand der Forschung zum transnationalen Recht dargestellt und Entwicklungslinien nachgezeichnet. So ist ein Kompendium entstanden, das eine Forschungsagenda fur die nachsten Jahre und moglicherweise Jahrzehnte skizziert.