CTE And Causation: The Key Medico-Legal Issues In Rugby Union’s Concussion Litigation
Published Friday, 09 July 2021.
BHA Disciplinary - Cam Hardie
The independent Disciplinary Panel of the British Horseracing Authority convened on Thursday 8 July 2021 to hear an Appeal brought by Cam Hardie, a licensed jockey, against the finding of the Stewards at Newcastle racecourse finding him in breach of the Rules of Racing prohibiting Improper Riding and imposing a penalty of a suspension of 4 days.
Independent Panel issues sanctions against two IWF Member Federations following ITA referral
THE INTERNATIONAL TESTING AGENCY (ITA) CONFIRMS THE IMPOSITION OF SANCTIONS BY THE INTERNATIONAL WEIGHTLIFTING FEDERATIONS’ (IWF’S) MEMBER FEDERATION INDEPENDENT SANCTIONING PANEL AGAINST THE VIETNAMESE AND COLOMBIAN WEIGHTLIFTING FEDERATIONS UPON REFERRAL BY THE ITA. THE ITA WILL ALSO REFER THE TURKISH WEIGHTLIFTING FEDERATION BEFORE THE IWF INDEPENDENT SANCTION PANEL FOR MULTIPLE VIOLATIONS.
EFL statement: Derby County sanction (written reasons)
The EFL can today publish the written reasons relating to the Independent Disciplinary Commission’s sanction verdict in respect of the recent proceedings between the EFL and Derby County.
NFL fines Washington Football Team $10M following investigation into team culture
The NFL announced Thursday it is fining the Washington Football Team $10 million based on the outcome of the review of the franchise, which was led by independent counsel Beth Wilkinson, that found the club's workplace to have been improper for many years.
Polish Competition Authority investigates suspected collusion among basketball teams
Published Friday, 25 June 2021.
Disciplinary Commission - Derby County sanction verdict and fixture list publication
An independent Disciplinary Commission has delivered its verdict on sanctions for Derby County relating to ongoing disciplinary proceedings.
In May, an Independent League Arbitration Panel ruled that the Disciplinary Commission was wrong to dismiss the League’s expert accountancy evidence, which demonstrated that the Club’s policy regarding the amortisation of player registrations was contrary to standard accounting rules.
Tribunal dismisses archers’ appeals against non-nomination for Tokyo Olympic Games
WADA statement regarding CAS hearing – WADA v Sun Yang and FINA
The World Anti-Doping Agency (WADA) welcomes the ruling of the Court of Arbitration for Sport (CAS) in the case of WADA’s appeal against the Fédération Internationale de Natation (FINA) disciplinary panel decision related to an incident that led to a doping control involving Chinese swimmer Sun Yang not being completed as planned.
USA Gymnastics: How bankruptcy proceedings can help resolve mass sexual abuse claims
Published Monday, 21 June 2021.
Sun Yang to miss Tokyo Olympics despite ban being reduced
Three-time Olympic champion Sun Yang will miss the Tokyo Olympics after the Court of Arbitration for Sport reduced his eight-year ban to four years and three months.
Romanian Weightlifting Federation suspended upon referral by the ITA
The International Testing Agency (ITA) confirms that the International Weightlifting Federations’ (IWF’s) Member Federation Independent Sanctioning Panel has imposed a one-year suspension against the Romanian Weightlifting Federation as a consequence of numerous Anti-Doping Rule Violations.
Independent Appeal Panel Decision
Following an appeal to the Independent Appeals Panel ("Panel") made by Mr Kim Andersen against the decision of the Ethics Commission from 8 October 2020 ("EC Decision"), the Panel has partially upheld Mr Andersen's appeal.
U.S. Paralympic Judo Athlete Josh Sisson Receives Sanction for Anti-Doping Rule Violation
USADA announced today that Josh Sisson, of St. Louis, Mo., an athlete in the sport of Paralympic judo, has received a four-year suspension for an anti-doping rule violation.
ITA refers Weightlifting Federation of Colombia to be sanctioned by Independent Panel due to multiple ADRVs
The International Testing Agency (ITA) asks the International Weightlifting Federations’ (IWF’s) Independent Panel to impose sanctions on the Federación Colombiana de Levantamiento de Pesas under the IWF Anti-Doping Rules and the IWF Qualification System for the Olympic Games Tokyo 2020, as a consequence of numerous Anti-Doping Rule Violations.
CAS confirms the decision of the African Football Confederation (CAF) to postpone the match to 14 June 2021 but refers the matter back to CAF to decide any possible sanctions against the Sierra Leone FA
The Court of Arbitration for Sport (CAS) ruled today on the appeal filed by the Fédération béninoise de football (FBF) following the decision to postpone the match Sierra Leone – Benin counting for the qualifiers of the CAN Total Cameroon 2021.
Fraud, Race Norming & Delays - How The NFL’s Concussion Litigation Fund Is Faring Five Years On
Published Friday, 04 June 2021.
Result of an Appeal (J. Watson) heard by the Disciplinary Panel on Thursday 27 May 2021
1. The Race:
This was the 1.10 at Nottingham on 18 May 2021, a Class 5 British Station Studs EBF Maiden Stakes (GBB Race) for 2-year-olds over 6 furlongs. Mr Watson rode NOISY NIGHT. Soon after the start the horse veered sharply left and lost a lot of ground. No criticism could be made of Mr Watson’s riding of the horse at that stage and he did his best to get the horse under control. However, as proved to be common ground in the hearing before us, thereafter he failed to comply with Rule (F)37of the Rules of Racing in that: (F)37 .1 he did not and was not seen to ask the horse for timely, real and substantial efforts to achieve the best possible placing and (F)37.2 he did not take all other reasonable and permissible measures throughout the race to ensure that the horse was given a full opportunity to achieve the best possible position. That is not of course and as we emphasise the end of the matter as we considered and as is set out below.
'Conceptual similarity' key to British Gymnastics' trade mark victory over UK Gymnastics
Published Wednesday, 19 May 2021.
Doomed to Fail? An Analysis Of European Super League And The Complex Web Of Football Governance, Regulations & Laws
Published Friday, 14 May 2021.
Breach or Bad Luck? Arsenal's Fight For Variable Sell-On Clauses In Transfer Agreements
Published Wednesday, 12 May 2021.
Contamination cases: Is the ‘narrow corridor’ for athletes starting to widen? (the Shayna Jack first instance decision)
Published Wednesday, 28 April 2021.
Third-party influence in player's transfer agreement found to breach FIFA regs: Palmeiras v FIFA
Published Tuesday, 13 April 2021.
Team Owners In Crossfire Over Cricket's Anti-Corruption Rules: ICC v Deepak Agarwal
Published Wednesday, 07 April 2021.
Taskin, Muzarabani fined for breaching ICC Code of Conduct
Bangladesh player Taskin Ahmed and Zimbabwe fast bowler Blessing Muzarabani have both been fined 15 per cent of their match fees for breaching Level 1 of the ICC Code of Conduct during the second day of the one-off Test in Harare.
Football Player Receives Sanction
Sport Integrity Australia today acknowledges the decision of Football Australia to impose a three-year ban on athlete Evan Tsakos for the presence, use, possession (2 separate violations), and attempted use of prohibited substances.
The João Palhinha Case: Portugal’s Arbitration Court reviews on-field referee decisions
Published Tuesday, 06 July 2021.
Ronald Harris - Rule (J)24, fast-tracked
£750 fine - A breach of Rule (J)24 of the Rules of Racing in that he did not complete the BHA’s mandatory online Safeguarding training which all trainers are required to complete in order to comply with the licensing requirements imposed on them. Reminder letters were sent to all trainers on 24 September 2020, 17 November 2020 and 8 December 2020. Also, the National Trainers Federation published in their newsletter reminders to all trainers on 30 September 2019, 31 January 2020, 6 November 2020 and 3 December 2020. On 27 January 2021 a final letter was sent to him advising that the training had to be completed by yourself by 3 February 2021
Major Hurdles Still Face U.S. SafeSport In The Movement To Protect Athletes
Published Friday, 02 July 2021.
AAA Arbitrator Imposes Four-Year Sanction on Weightlifting Athlete James Nelson for Anti-Doping Rule Violation
USADA announced today that an independent arbitrator from the American Arbitration Association (AAA) has concluded the case of weightlifting athlete James Nelson, of Fort Worth, Texas, and has determined that Nelson should receive a four-year sanction for his anti-doping rule violation. The decision comes after the facts of the case were presented and fully argued at an evidentiary hearing on June 10, 2021.
The ITA concludes investigation into a decade of rule violations in weightlifting, charges current and former IWF officials
The international testing agency (ITA) publishes a report on anti-doping rule violations (ADRVs) following a series of allegations of misconduct by the international weightlifting federation (IWF), providing an overview of the findings of the investigation into approximately 146 unresolved cases over the 2009-2019 period. The report notably uncovers mishandling and impropriety on the part of certain IWF Officials in relation to its anti-doping program. As a consequence of these discoveries, the ITA has – among other follow-up actions – asserted ADRVs against former IWF president Tamas Ajan, IWF Vice-President Nicolae Vlad, and Hassan Akkus, President of the European Weightlifting Confederation.
WADA welcomes International Testing Agency investigation report into activities of International Weightlifting Federation
The World Anti-Doping Agency (WADA) welcomes today’s publication of the report by the International Testing Agency (ITA) related to its investigation into historical allegations of mishandling and impropriety by certain officials within the International Weightlifting Federation (IWF), particularly in relation to the IWF’s anti-doping program.
Decision of the UCI Disciplinary Commission concerning Marc Bracke
The Union Cycliste Internationale (UCI) today announces that its Disciplinary Commission has rendered its decision in the disciplinary proceedings concerning Mr Marc Bracke, Director General and Sport Director of the UCI Women’s Continental Team Doltcini - Van Eyck - Proximus Continental Team, and allegations of harassment reported by several riders. The UCI had already announced the opening of disciplinary proceedings following the conclusions of its Ethics Commission.
The Disciplinary Commission confirmed the Ethics Commission’s analysis that Mr Bracke’s conduct constituted sexual harassment according to article 6.4 of the UCI Code of Ethics and article 2.3 of Appendix 1.
The Court of Arbitration for Sport (CAS) reduces the life ban imposed on Samon Siasia to five years
The Court of Arbitration for Sport (CAS) has issued its decision in the appeal filed by the Nigerian football coach Samson Siasia against the decision rendered by the Adjudicatory Chamber of the Fédération Internationale de Football Association (FIFA) on 11 April 2019 (the Challenged Decision). In such decision, Samson Siasia was found guilty of infringement of article 1 (bribery) of the 2009 FIFA Code of Ethics and sanctioned with a life ban from taking part in any kind of football-related activity at national and international level (administrative, sports or any other) and a fine of CHF 50,000 was imposed on him.
World Athletics v Luvo Manyonga
A decision in the case of World Athletics against Luvo Manyonga has been issued by the Disciplinary Tribunal.
On 23 December 2020 the AIU issued Mr Manyonga with a Notice of Charge for committing an Anti-Doping Rule Violation relating to Whereabouts Failures, consisting of one Missed Test and two Filing Failures in a 12-month period.
Suspension of TAWA Athletes lifted in accordance with the decision of the Independent Monitoring Group
In its award of 8 April 2021, the CAS had decided that TAWA athletes would not be allowed to participate in IWF events until 18 June 2021, or an earlier date subject to TAWA satisfying a number of conditions. The matter was considered by the Independent Monitoring Group, which yesterday found that these conditions were satisfied and therefore lifted the suspension on TAWA athletes with immediate effect. However, no TAWA athletes will participate in the Olympic Games Tokyo 2020 as a result of the CAS award.
Result of an Enquiry (L. Williams) heard by the Disciplinary Panel on 17 June 2021
1. The Independent Disciplinary Panel of the British Horseracing Authority (BHA) met on 17 June 2021 to consider the allegation that Mr Levi Williams was in breach of Rule (K)49 of the Rules of Racing. (A Jockey must ensure that no Banned Substances is present in their body). A urine sample collected from him at Wolverhampton Racecourse on 29 January 2021 showed the presence of the banned substances benzoylecgonine (a metabolite of cocaine) and THC-acid (a metabolite of cannabis).
ICC v Heath Streak: A Landmark Eight Year Ban For Corrupt Conduct
Published Wednesday, 16 June 2021.
The FA publishes outcomes from club appeals against sanctions by the National League
The FA has today published the outcomes of appeals from a number of clubs against sanctions by the National League during the 2020/21 season.
An independent Appeal Board considered three appeals on 29 April 2021 against sanctions from the National League for failing to fulfil fixtures by Blyth Spartans FC, Farsley Celtic FC and Spennymoor Town FC.
CAS dismisses the 2nd appeal of Blake Leeper
The Court of Arbitration for Sport (CAS) has dismissed the appeal filed on 1 May 2021 by US bilateral transtibial amputee sprinter Blake Leeper against the decision taken by the Mechanical Aids Review panel established by World Athletics (WA) dated 26 April 2021 in which the athlete’s 24 December 2020 application to run at WA-sanctioned events on Running Specific Prostheses (RSPs) that give him an overall standing height of 185.42 cm (6’1”) was denied. The WA panel did so on grounds that the height of the proposed RSPs conferred upon Mr Leeper an “overall competitive advantage over an athlete not using such aid” and were accordingly “not allowed” by Article R6.3.4 of WA’s Technical Rules. Accordingly, the decision rendered by the WA Mechanical Aids Review panel on 26 April 2021 is confirmed by CAS.
Legal dispute between FIFA and TUI Cruises about free-to-air TV on cruise ships resolved – TUI Cruises recognises FIFA’s rights
Mariyam Mohammad And Her Lawyer Discuss Her Discrimination Case Against The Asian Football Confederation
Published Friday, 04 June 2021.
Sports Disputes and Disciplinary Procedures - the Year in review 2020/21
Published Wednesday, 19 May 2021.
The Laws On Disclosing Medical Information During Football Transfers: A Review Of Barnsley v Hull City
Published Monday, 17 May 2021.
Pandemic Stops Play – Will Australia Be Caught Out By Its Decision To Withdraw From 2021 Tour To South Africa?
Published Friday, 14 May 2021.
The Racing Partnership Case – The Rights and Obligations Of Distributors Of Live Sports Betting Data
Published Wednesday, 28 April 2021.
WADA Statement on Alex Schwazer Case
In light of questions that the World Anti-Doping Agency (WADA) continues to receive from the media and other stakeholders concerning the case of Italian race walker, Alex Schwazer, WADA wishes to share the following statement, which re-confirms its position on this matter (including its 18 February 2021 statement) and addresses some key questions of this case.
On 18 February, an investigating judge in Bolzano, Judge Walter Pelino, made a series of accusations against World Athletics, the anti-doping laboratory in Cologne, and WADA. These were not findings in a judgment rendered after a trial of those three bodies, in which they had been properly confronted with the accusations and given a full and fair opportunity to defend themselves. Instead, they were made in a pre-trial decree issued by the investigating judge in criminal proceedings relating to Alex Schwazer. Nor does WADA, World Athletics, or the Cologne laboratory have any right of appeal against these accusations.
The Final Yards Of Caster Semenya's Human Rights Appeal: Background & Broader Implications
Published Tuesday, 13 April 2021.
How The Professional Collegiate League Aims To Disrupt College Athletics: Part 1 - Challenging An Economic Cartel
Published Thursday, 01 April 2021.