Proportionality of athlete sanctions - A review of the Nick Lindahl match-fixing case
In December 2017, the Court of Arbitration for Sport (CAS) heard the appeal of Professional Tennis Integrity Officers (PTIOs) v. Nick Lindahl1, concerning the appropriate sanction for a match-fixing charge brought by the PTIOs (who form the Tennis Integrity Unit, TIU) against former professional tennis player, Mr. Nick Lindahl. The case attracted significant media interest, as Mr. Lindahl and his co-conspirators were also subjected to criminal proceedings in Australia. It is also noteworthy for sports lawyers in light of its broader relevance to the issue of proportionality of athlete sanctions.
This article reviews the case, and looks specifically at:
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Background to events
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Summary of submissions to the CAS
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CAS findings and author’s analysis
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What was an “appropriate” sanction under the relevant rules?
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What matters should properly be taken in to account?
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Was the sanction in this case proportionate?
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The role fines should play in proportionate sanctioning
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Conclusion
The author represented Mr Nick Lindahl in the appeal. Any quotes from the award that are underlined is emphasis added by the author.
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- Tags: Anti Corruption | Australia | CAS Code | Court of Arbitration for Sport (CAS) | Dispute Resolution | Match Fixing | Professional Tennis Integrity Officers (PTIOs) | Tennis | Tennis Integrity Unit (TIU) | Uniform Tennis Anti-Corruption Program (TACP)
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Written by
Kevin Carpenter
Kevin is a advisor and member of the editorial board for LawInSport, having previously acted as editor.
Kevin specialises in integrity, regulatory, governance and disciplinary matters. His expertise and knowledge has led him to be engaged by major private and public bodies, including the IOC, FIFA, the Council of Europe, INTERPOL and the United Nations Office on Drugs and Crime (UNODC), as well as making regular appearances internationally delivering presentations and commenting in the media on sports law issues.
His research and papers are published across a variety of forums, including having a blog on LawInSport.
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Josep F. Vandellos Alamilla
Great article Kevin!
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