• Home
  • Topics
  • The right to a fair hearing in sports’ cases: lessons from the ECtHR’s decision in Mutu & Pechstein

The right to a fair hearing in sports’ cases: lessons from the ECtHR’s decision in Mutu & Pechstein

Fair trial and football
Monday, 15 October 2018 By Nick De Marco QC

One of the most controversial aspects within the evolving world of sports law involves players’ and athletes’ rights to a fair hearing in disciplinary proceedings brought by sports’ governing bodies. This area is particularly interesting because of the peculiar intersection (and contradiction) between arbitration law – developed as an alternative to the courts, primarily for resolving commercial disputes between private parties – and sport, which often requires open decisions, standard penalties and so on.

Three recent cases, explored in turn in this article, have signalled some significant developments in the area. The first, and most important (perhaps the most important sports’ law case for a long time) is the decision of the European Court of Human Rights in Mutu & Pechstein v Switzerland1. Thereafter, are the cases of Hartlepool United FC & Ors v. The FA before the FA Appeal Board; and The FA v. David Manasseh before the FA Regulatory Commission.

Continue reading this article...

Register with your email and password
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.

Related Articles

Written by

Nick De Marco

Nick De Marco QC

Nick is rated a leading silk in Sports Law and is a member of Blackstone Chambers.

He has advised and acted for a number of sports governing bodies, athletes, most Premier League football clubs and many world-class football players in commercial and regulatory disputes.

  • This email address is being protected from spambots. You need JavaScript enabled to view it.

Leave a comment

Please login to leave a comment.


Legal Advisors

Copyright © LawInSport Limited 2010 - 2021. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. LawInSport is not responsible for any actions taken or not taken on the basis of this information. Please refer to the full terms and conditions on our website.