The importance of drafting clear sports rules: analysing cricket’s ‘overthrow rule’ that decided the 2019 ODI World Cup

Published 19 November 2019 By: Andrew Moroney, Shiraz Khan

Cricket Player

With England and New Zealand having recently concluded yet another ‘winner-takes-all’ match by way of a dramatic “Super Over” (the second such occurrence in less than four months), it is hard not to cast one’s mind back to the exhilaratingly breathless conclusion to the 2019 Cricket World Cup. On that sunny July afternoon at Lords, the innocuous and rarely scrutinised Rule 19.8 of the ICC Men’s One Day International Playing Conditions1 (ODI Playing Conditions) regarding overthrows was suddenly thrust into the spotlight. In the context of highlighting the importance of clear drafting when it comes to sports rules, this article analyses the drafting of Rule 19.8 and concludes with the authors’ view on whether the umpires made the correct call at the climax of (arguably) the highest profile competition in international cricket.

 

 

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Author

Andrew Moroney

Andrew Moroney

Associate

Andrew is an Associate in Al Tamimi & Company’s Sports Law & Events Management Practice. He has a wide array of experience advising clients in the sports and events sector on sponsorship; broadcasting; merchandising; ticketing; player contracts; intermediary issues; athlete endorsement; disciplinary issues; regulatory matters and disputes. He regularly advises corporate entities, governing bodies, individuals and international law firms on matters spanning football, cycling, horseracing, motorsports, golf and tennis. Andrew also has a particular interest in the growing eSports industry.

Before joining Al Tamimi, Andrew was Legal Counsel at the (English) Football Association, primarily focussed on regulatory matters, dispute resolution and risk management. Highlights included re-drafting the FA Rulebook, acting as the Secretariat for the FA Rule K arbitration process and handling a number of cases heard by the UEFA Disciplinary Committee, the FIFA Disciplinary Committee and the Court of Arbitration for Sport.

Prior to that, Andrew trained and qualified at a large European law firm in London, where he gained further experience advising football, rugby, horseracing and boxing clients on regulatory, corruption and anti-doping matters. Andrew also spent six months working on the landmark inquests into the Hillsborough stadium disaster.

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Shiraz Khan

Shiraz Khan

Head of Taxation, Al Tamimi
 
Shiraz Khan is the Head of Tax and leads Al Tamimi’s tax practice in the region.

Shiraz is a UK qualified lawyer with over 15 years of international tax experience.  Prior to joining Al Tamimi, he was the global head of tax at a leading multinational where he was responsible for the tax affairs in over 100 countries.  He has also worked for a top international law firm in the UK and big 4 firms in both the UK and the Middle East.

Shiraz specialises in advising on international tax structuring and tax aspects of cross border M&A, private equity, structured finance, Islamic finance and real estate transactions. He has in-depth knowledge and expertise across all taxes including corporate tax, withholding taxes and VAT in a wide range of industry sectors.  He has particular expertise in advising multinational corporations on structuring their investments and operations into the region and financial institutions, sovereign wealth funds, real estate investment companies, family offices and private equity groups based in the region on their international investments.

Shiraz regularly speaks at conferences and seminars on international tax issues and has been involved in advising governments on the drafting of tax laws.
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