Pitfalls Of Sports Federations Playing Judge, Jury & Executioner - A Review Of Turk V FIM
“Fairness, inclusion, unity and transparency” are a declared part of The Fédération Internationale de Motocyclisme’s (FIM) values.1 Motorcycling’s international governing body is not novel in its ideals; the declaration reflects, for instance, the International Olympic Committee’s (IOC) Basic Universal Principles of Good Governance namely, transparency, responsibility and accountability.2
Whilst no organisation is perfect in its application of such values, the case of Mr Michel Turk is particularly concerning. Mr Turk’s sanction for alleged misconduct included an eight-year ban from all motorcycling-related activity in circumstances where he was not given a sufficient opportunity to defend his case and where he had breached no ethical or disciplinary policy. The CAS award in Turk v The Fédération Internationale de Motocyclisme CAS 2020/A/7220 will undoubtedly give FIM and other regulators pause for thought.
The author is a member of Littleton Chambers from which John Mehrzad QC, leading Lydia Banerjee represented the successful appellant.
To continue reading or watching login or register here
Already a member? Sign in
Get access to all of the expert analysis and commentary at LawInSport including articles, webinars, conference videos and podcast transcripts. Find out more here.
- Tags: CAS | Dispute Resolution | Ethics | Fédération Internationale de Motocyclisme’s (FIM) | Governance | Motorsport | Regulation | Right to be Heard
- Sports arbitration: A matter of choice for athletes?
- A guide to the Higher Regional Court’s decision in the Pechstein case
- The impact of the Lodha Committee BCCI report on sports governance in India
- The application of Swiss law in doping cases before the CAS and the Swiss Federal Tribunal
- An introduction to sports arbitration in the UAE
- Why Olympic athletes should not be gagged in exchange for their Olympic dream - Rule 50
A keen advocate and trial strategist, Joel’s continually expanding employment practice includes representing leading national and regional firms, ‘household name’ clients in several sectors, and private individuals. Similarly, in the commercial arena, he is called upon by leading national and international businesses alike.