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

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25 Jun 2018
Department
Course
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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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Document Summary

Moot: one mark allocated to each group, anti doping topic, written submissions + moot both worth 20% each. Sunday afternoon = 30 min court hearing each. Class in morning, lunch then start moots: study last years matter during course but actual is very different, tribunal not court*** = panel members not judges, other elements during class, cas = own jurisdiction. Read the code and rules for the exercise. Must comply with rules: 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. Bringing the sport into disrepute = create an unfavourable impression/view of the athlete and the sport as a whole damage reputation.

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