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Final

5212LAW Study Guide - Final Guide: Ultra Vires, Owen Dixon, Estate Planning

16 Pages
83 Views
Summer 2017

Department
Law
Course Code
5212LAW
Professor
Tim Fuller
Study Guide
Final

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5122LAW SPORTS LAW
Table of Contents
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1. INTRODUCTION
1.1. Sports law in practice
- Contract
- Governance
- Intellectual Property
- Agency
- Anti Doping*
oCAS appeal topic
1.2. Assessment
- Moot
oOne mark allocated to each group
oAnti doping topic
oWritten submissions + moot both worth 20% each
Examples given
No set structure
Written submissions = 2 pages
9pm next Saturday night uploaded
Sunday afternoon = 30 min court hearing each
Class in morning, lunch then start moots
oStudy last years matter during course but actual is very different
oTribunal not court*** = panel members not judges
oOther elements during class
oCAS = own jurisdiction
Read the code and rules for the exercise
Must comply with rules
oActing for athlete that has breached some rule either on field or off field, then going to
appeal the sanction against them by their sport. Domestic hearing occurred (decision made
at lower level). Client given bad ruling at Tribunal and then appealing to Court of Arbitration
for Sport
- Transgender athletes
- Bringing the sport into disrepute = create an unfavourable impression/view of the athlete and the
sport as a whole  damage reputation
- Discretion high
oNot appropriate for domestic violence situations (situation allowed player to continue playing)
oPolice involvement occurs much later and is much longer process
oEvidence  club should do something
- Off and on field misconduct? Different systems applied
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2. COURT OF ARBITRATION
2.1. Court of Arbitration for Sport
-The Court of Arbitration for Sport (CAS) is an institution independent of any sports organisation which
provides services in order to facilitate the settlement of sports-related disputes through arbitration or
mediation.
-Procedural rules are adopted by the CAS and parties to any dispute must comply with these rules.
oImportant to be followed
oCAS law = rules
-Created in 1984 and is administered by the International Council of Arbitration for Sport (ICAS).
oSports disputes because more common so administrators believed there needed to be a
centralized forum for these disputes
oAreas
Selection disputes
Employment disputes
Commercial agreements breached
NOW anti doping
-CAS has nearly 300 arbitrators who are chosen for their specific knowledge of arbitration and sports
law
oBoth parties have right to select who is on the panel (eg choose those who have anti doping
knowledge/backgrounds)
-CAS is final  only availability is if the court acted unfairly
-Decision of CAS not binding on other decisions/sports
oPrecedent doesn’t apply
oPersuasive but not bound
-Officials, participants and other involved individuals come under this
-Fans and other individuals not directly involved cannot be bound by sporting rules only by entry rules
-Fans can still be banned too under different laws
2.2. Function of CAS
-CAS has the role of resolving legal disputes in the field of sport through arbitration.
-CAS produces arbitral awards that have the same enforceability as judgements of ordinary courts.
oStrengthened by the signatory countries of the convention
oBoth parties accept decision is binding in relation to their contract
-Parties can also resolve their disputes through use of the mediation service and can also seek advisory
opinions concerning legal questions related to their sport.
-CAS also sets up ‘ad hoc’ tribunals for special events and develops special procedural rules on each
occasion.
oQuickly 24-48hours
oEg Olympic games, world cup, commonwealth games
Received gold medal but then tested positive to drugs
2.3. Kind of disputes
-Any disputes directly or indirectly linked to sport may be submitted to the CAS.
oNot restricted to any type of matter
oCan hear criminal matters
-These include disputes of a commercial nature or of a disciplinary nature following a decision by a
sports organisation.
-Matters include sponsorship agreement disputes, anti-doping matters, disciplinary appeals.
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Description
5122LAW SPORTS LAW Table of Contents 1. INTRODUCTION 1.1. Sports law in practice - Contract - Governance - Intellectual Property - Agency - Anti Doping* o CAS appeal topic 1.2. Assessment - Moot o One mark allocated to each group o Anti doping topic o Written submissions + moot both worth 20% each Examples given No set structure Written submissions = 2 pages 9pm next Saturday night uploaded Sunday afternoon = 30 min court hearing each Class in morning, lunch then start moots o Study last years matter during course but actual is very different o Tribunal not court*** = panel members not judges o Other elements during class o CAS = own jurisdiction Read the code and rules for the exercise Must comply with rules o Acting for athlete that has breached some rule either on field or off field, then going to appeal the sanction against them by their sport. Domestic hearing occurred (decision made at lower level). Client given bad ruling at Tribunal and then appealing to Court of Arbitration for Sport - Transgender athletes - Bringing the sport into disrepute = create an unfavourable impression/view of the athlete and the sport as a whole damage reputation - Discretion high o Not appropriate for domestic violence situations (situation allowed player to continue playing) o Police involvement occurs much later and is much longer process o Evidence club should do something - Off and on field misconduct? Different systems applied 2. COURT OF ARBITRATION 2.1. Court of Arbitration for Sport - The Court of Arbitration for Sport (CAS) is an institution independent of any sports organisation which provides services in order to facilitate the settlement of sports-related disputes through arbitration or mediation. - Procedural rules are adopted by the CAS and parties to any dispute must comply with these rules. o Important to be followed o CAS law = rules - Created in 1984 and is administered by the International Council of Arbitration for Sport (ICAS). o Sports disputes because more common so administrators believed there needed to be a centralized forum for these disputes o Areas Selection disputes Employment disputes Commercial agreements breached NOW anti doping - CAS has nearly 300 arbitrators who are chosen for their specific knowledge of arbitration and sports law o Both parties have right to select who is on the panel (eg choose those who have anti doping knowledge/backgrounds) - CAS is final only availability is if the court acted unfairly - Decision of CAS not binding on other decisions/sports o Precedent doesnt apply o Persuasive but not bound - Officials, participants and other involved individuals come under this - Fans and other individuals not directly involved cannot be bound by sporting rules only by entry rules - Fans can still be banned too under different laws 2.2. Function of CAS - CAS has the role of resolving legal disputes in the field of sport through arbitration. - CAS produces arbitral awards that have the same enforceability as judgements of ordinary courts. o Strengthened by the signatory countries of the convention o Both parties accept decision is binding in relation to their contract - Parties can also resolve their disputes through use of the mediation service and can also seek advisory opinions concerning legal questions related to their sport. - CAS also sets up ad hoc tribunals for special events and develops special procedural rules on each occasion. o Quickly 24-48hours o Eg Olympic games, world cup, commonwealth games Received gold medal but then tested positive to drugs 2.3. Kind of disputes - Any disputes directly or indirectly linked to sport may be submitted to the CAS. o Not restricted to any type of matter o Can hear criminal matters - These include disputes of a commercial nature or of a disciplinary nature following a decision by a sports organisation. - Matters include sponsorship agreement disputes, anti-doping matters, disciplinary appeals. 2.4. CAS Jurisdiction - For a dispute to be submitted to arbitration by the CAS, the parties must agree in writing to have the matter listed and heard. o Part of the process and (must be) part of the contract membership/team/player agreement o Clauses within agreement that allows CAS to be final determination - Such an agreement may be on a one-off basis or it may be a provision in a contract or the regulations of a sports organisation. - Parties may agree in advance to submit any future dispute to arbitration by the CAS, or they can agree to have recourse to the CAS after a dispute has arisen. - It is very difficult for a party to dispute any of the above processes when it has been agreed to through contract. 2.5. CAS Procedures - For commercial disputes, the ordinary arbitration procedure or the mediation procedure is applicable. o Can go straight to the ordinary arbitration for commercial matters (pay) - For disputes resulting from decisions made by the internal bodies of sports organisations, the appeals arbitration procedure is applicable. o Two options (1) ordinary (2) appeals - The party wishing to submit a dispute to the CAS must send the CAS Court Office a request for arbitration (ordinary procedure) or a statement of appeal (appeals procedure), the contents of which are specified by the Code of Sports related Arbitration (Code). o Must get everything right and suck up to the panel essentially to get what you want o If you dont succeed, may have to pay the other sides costs also - In the case of the appeals procedure, a party may lodge an appeal only if it has exhausted all the internal remedies of the sports organisation concerned o Under contract clause will indicate the internal remedies and when can apply for CAS o Constitutions of the clubs 2.6. CAS Arbitrators - Generally, the arbitration is submitted to a panel of three arbitrators. o Assessment will only have 1 - Under the Appeals Procedure, each party chooses an arbitrator and the president of the panel is selected by the President of the Appeals Arbitration Division. - The arbitrators must be independent must have no particular connection with the parties and must not have played any role in the matter in question. 2.7. CAS Arbitration Procedure - The applicant files the arbitration request or statement of appeal and the respondent submits a reply to the CAS. o Parties can be in different parts of the world and conduct via skype - Following any additional exchange of statements of the case, the parties are listed for a hearing to be heard at the CAS. o Hearing can be set anywhere in the world but majority are in Switzerland unless in other registry - The final award is handed down by the CAS a number of weeks after the hearing, unless announced the same day (common under the appeals procedure). o Fast decision making o Sanctions apply straight away
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