Editor's note: Branislav
Hock (@bran_hock) is PhD Researcher at the Tilburg Law and Economics Center at Tilburg
University. His areas of interests are transnational regulation of corruption, public
procurement, extraterritoriality, compliance, law and economics, and private
ordering. Author can be contacted via email: firstname.lastname@example.org.
This blog post is based on a paper
co-authored with Suren Gomtsian, Annemarie Balvert, and Oguz Kirman.
Game-changers that lead to financial
success, political revolutions, or innovation, do not come “out of the blue”;
they come from a logical sequence of events supported by well-functioning
institutions. Many of these game changers originate from transnational private
actors—such as business and sport associations—that produce positive spillover
effects on the economy. In a recent paper forthcoming
in the Yale Journal of International Law, using the example of FIFA, football’s
world-governing body, with co-authors Suren Gomtsian, Annemarie Balvert, and
Oguz Kirman, we show that the success of private associations in creating and
maintaining private legal order depends on the ability to offer better
institutions than their public alternatives do. While financial scandals and
other global problems that relate to the functioning of these private member
associations may call for public interventions, such interventions, in most
cases, should aim to improve private orders rather than replace them. More...
Editor's note: This report compiles all relevant news, events and
materials on International and European Sports Law based on the daily coverage
provided on our twitter feed @Sportslaw_asser. You
are invited to complete this survey via the comments section below, feel free
to add links to important cases, documents and articles we might have
Editor’s note: N. Emre Bilginoglu
is a lawyer based in Istanbul. His book entitled “Arbitration
on Football Contracts” was published in 2015.
With a total market value of approximately 911 million
EUR, the Turkish Super League ranks as one of the prominent football leagues in
Europe. Five of the eighteen teams that make up half of the total market value
are based in Istanbul, a busy megalopolis that hosts a population of fifteen
As might be expected, the elevated market value brings forth a myriad of
disputes, mainly between the clubs and the players. However, other crucial actors
such as coaches and agents are also involved in some of the disputes. These
actors of the football industry are of all countries, coming from various countries
with different legal systems.
One corollary of rapid globalisation is the
development of transnational law, which is quite visible in the lex sportiva.
Like foreign investors, foreign actors of the sports industry look for some legal
security before signing a contract. FIFA does protect these foreign actors in
some way, providing players and coaches legal remedies for employment-related
disputes of an international dimension. But what if the legal system of the
FIFA member association does not provide a reasonable legal remedy for its
Editor’s note: Professor
Mitten is the Director of the National Sports Law Institute and the LL.M. in
Sports Law program for foreign lawyers at Marquette University Law School in
Milwaukee, Wisconsin. He currently teaches courses in Amateur Sports Law, Professional
Sports Law, Sports Sponsorship Legal and Business Issues Workshop, and Torts.
Professor Mitten is a member of the Court of Arbitration for Sport (CAS),
and has served on the ad hoc Division for the XXI Winter Olympic Games in Sochi,
This Book Review is published at 26 Marquette Sports Law Review 247 (2015).
comprehensive treatise of more than 700 pages on the Code of the Court of
Arbitration for Sport (CAS) (the Code) is an excellent resource that is useful
to a wide audience, including attorneys representing parties before the CAS,
CAS arbitrators, and sports law professors and scholars, as well as
international arbitration counsel, arbitrators, and scholars. It also should be of interest to national
court judges and their law clerks because it facilitates their understanding of
the CAS arbitration process for resolving Olympic and international sports
disputes and demonstrates that the Code provides procedural fairness and
substantive justice to the parties, thereby justifying judicial recognition and
enforcement of its awards.
Because the Code has been in existence
for more than twenty years—since November 22, 1994—and has been revised four
times, this book provides an important and much needed historical perspective
and overview that identifies and explains well-established principles of CAS
case law and consistent practices of CAS arbitrators and the CAS Court Office. Both authors formerly served as Counsel to
the CAS and now serve as Head of Research and Mediation at CAS and CAS
Secretary General, respectively, giving them the collective expertise and
experience that makes them eminently well-qualified to research and write this
everything under the sun is in tune,
but the sun
is eclipsed by the moon…
Ruffling a few feathers, on 30 May 2015 the FIFA Executive Committee rather unsurprisingly, considering the previous warnings,
adopted a decision to suspend with immediate effect the Indonesian Football
Federation (PSSI) until such time as PSSI is able to comply with its
obligations under Articles 13 and 17 of the FIFA Statutes. Stripping PSSI of its membership rights, the decision
results in a prohibition of all Indonesian teams (national or club) from having
any international sporting contact. In other words, the decision precludes all
Indonesian teams from participating in any competition organised by either FIFA
or the Asian Football Confederation (AFC). In addition, the suspension of
rights also precludes all PSSI members and officials from benefits of any FIFA
or AFC development programme, course or training during the term of suspension.
This decision coincides with a very recent award by the Court of Arbitration
for Sport (CAS) in this ambit, which shall be discussed further below.More...
Editor's note (13 July 2015): We (Ben Van Rompuy and I) have just published on SSRN an article on the Pechstein ruling of the OLG. It is available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2621983. Feel free to download it and to share any feedback with us!
On 15 January 2015, the earth must
have been shaking under the offices of the Court of Arbitration for Sport (CAS)
in Lausanne when the Oberlandesgericht München announced its decision in the
Pechstein case. If not entirely unpredictable, the decision went very far
(further than the first instance) in eroding the legal foundations on which
sports arbitration rests. It is improbable (though not impossible) that the
highest German civil court, the Bundesgerichtshof (BGH), which will most likely
be called to pronounce itself in the matter, will entirely dismiss the
reasoning of the Oberlandesgericht. This blogpost is a first examination of the
legal arguments used (Disclaimer: it is based only on the official press release, the full text of the ruling will be published in
the coming months).More...
On 10 April, the ASSER Sports Law Centre had the honour of welcoming Prof. Weatherill (Oxford University) for a thought-provoking lecture.
In his lecture, Prof. Weatherill outlined to what extent the rules of Sports Governing Bodies enjoy legal autonomy (the so-called lex sportiva) and to what extent this autonomy could be limited by other fields of law such as EU Law. The 45 minutes long lecture lays out three main strategies used in different contexts (National, European or International) by the lex sportiva to secure its autonomy. The first strategy, "The contractual solution", relies on arbitration to escape the purview of national and European law. The second strategy, is to have recourse to "The legislative solution", i.e. to use the medium of national legislations to impose lex sportiva's autonomy. The third and last strategy - "The interpretative or adjudicative solution"- relies on the use of interpretation in front of courts to secure an autonomous realm to the lex sportiva.