The Sports Law & Policy Centre | Blog
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Howzzat! Appeal Process in Sports

By Fatema Merchant Introduction The excitement and frenzy surrounding a sporting event is usually fuelled by contentious umpiring and referee decisions which may whip up mixed reactions depending on whose favour they are in. The referee and other officials presiding over a match more often than not...

What a Racket! Fair Play and the Olympic Games

By Nandan Kamath "The most important thing in life is not the triumph but the struggle. The essential thing is not to have conquered but to have fought well." Baron Pierre Coubertin, founder of the Modern Olympics. Introduction In the recently concluded London 2012 Olympic Games (“Games”), eight female...

In-Competition Dispute Resolution

By Roshan Gopalakrishna Introduction The ad-hoc division of the Court of Arbitration for Sport (CAS) was set up to operate from the venues of major sporting event such as the Olympics, Commonwealth Games etc. with the intention to expeditiously resolve the disputes arising during such games. According...

Taxing Times: Professional Athletes and Tax

By Seshank Shekar and Prabhjyot Chhabra Introduction Professional athletes or sportsmen are perhaps among the most mobile and high income individuals in the world today. The income earned or generated by such individuals is diverse and is spread across various jurisdictions. Apart from direct earnings related to...

Love-all: Indian Olympic Team Selections and Athlete Remedies

By Fatema Merchant Introduction An opportunity to represent the country at international sporting events is a highpoint in every athlete’s career. Athletes commit to training persistently for years in pursuance of this objective. In India, the Indian Olympic Association (“IOA”) performs the crucial function of finalizing athletes...

Player Selection Disputes: Comparative Legal Analysis

By Roshan Gopalakrishna Introduction One of the most challenging tasks for any national or international governing body of a sport is the development of fool proof criteria for team selection. However, a large part of the selection process comprises a subjective element that cannot be quantified. Therefore,...

Gender Determination in Sport

By Nandan Kamath Introduction Historically, female athletes and sportswomen have been subject to an assortment of discriminatory practises that have affected their ability to participate in sporting events. The very first modern Olympic Games organised in 1896 at Athens prohibited women from competing, which restriction was lifted...

Stumped! Breach of Endorsement Agreements

  By Seshank Shekar Introduction Personal brand endorsement agreements are an inherent part of the entertainment and sports industries. Brands spend millions in order to align themselves with a successful and attractive personality in the hope that such association will register a connection with potential customers. Most of...

A Comparative View of Organizers’ Liability for Player Injuries

By Nandan Kamath Introduction The inherent nature of sports tempts the participants to pursue excellence in their quest to reach the pinnacle. However, one of the major challenges faced by the athlete in such a pursuit is injuries. Injuries in sports mostly result from the risks indigenous...

Gridiron Games: Analysing the NFL Concussion Litigation

By Fatema Merchant "Football isn't a contact sport; it's a collision sport. Dancing is a contact sport." -Duffy Daughtery, former American football player and coach Introduction With an average team value of over 1 billion USD, the National Football League (“NFL”) is the most valuable sports business in the world....

Is a Minor Sportsman a ‘Public Figure’ under Privacy Law?

By Vidya Narayanswamy Case Review: Jonathan Spelman v. Express Newspapers ([2012] EWHC 239 (QB), [2012] EWHC 355 (QB)) Introduction  This case concerns the lifting of a privacy injunction awarded to Jonathan Spelman, a minor rugby player. A privacy injunction is an order from the court, in certain special...

TRAI’s Advertising Regulations and the Impact on Sports Broadcasters

By Nandan Kamath Introduction On 14 May 2012, the Telecom Regulatory Authority of India (“TRAI”) issued “Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations, 2012” (“Regulations”). These Regulations will come into effect upon due notification in the Official Gazette of India. TRAI has portrayed...

Autonomous Agreement on the Minimum Requirements for Professional Football Contracts

By Roshan Gopalakrishna Introduction In April 2012, the European Club Association (“ECA”), Union of European Football Associations (“UEFA”) in an observer role, European Professional Football Leagues (“EPFL”) and Federation Internationale de Footballeurs Professionels Division Europe (“FIFPro”) signed the Autonomous Agreement regarding the Minimum Requirements for Standard Player...

Associating with the London 2012 Summer Olympic Games: A Primer

By Vidya Narayanswamy & Fatema Merchant Introduction The Olympics, regarded as the mother of all sporting events, offers a colossal opportunity for commercial entities to associate themselves with it and capitalise on its immense popularity. The London Olympic Games and Paralympic Games Act 2006 (the “Act”) grants the...

‘Illicit Chanting’ and Strict Liability

By Roshan Gopalakrishna Introduction Chanting by fans, often referred to as the ‘12th man’, has been recognised as an integral part of sport and is often seen as entrenched in sports culture. Clubs and teams encourage fans to create an atmosphere that encourages the team they support,...

Liability under tort law for injury to co-participants

By Vidya Narayanswamy Introduction A question that most frequently visits sport is - who is responsible for injuries resulting from sporting accidents? The answer to this question lies in a branch of law known as “tort” law. Unlike other legal words such as “contract” and “crime”, tort...

‘Tebowmania’ – Nike and Reebok face-off

Case review Nike, Inc. v. Reebok International, U.S. District Court for the Southern District of New York No.12-2275. Introduction On March 28, 2012, U.S. District Judge Kevin Castel of the United States District Court for the Southern District of New York passed a temporary restraining order in favour...

Saints or Sinners? Legal Implications of the New Orleans Saints Bounty Scandal

By Fatema Merchant Introduction Acts which cause injury to other players may be exempted from sanctions whether criminal or tortious if they fall within the framework of the sporting activity. However, conspicuous, deliberate and intentional acts of violence causing such injuries may not escape liability. In addition,...

An Overview of Match Fixing in Sport

By Fatema Merchant Introduction The recent averments made by Mohammed Amir that he was blackmailed into bowling no-ball deliveries by Mazhar Majeed and the spot fixing assertions against professional football, volleyball and baseball players of South Korea have brought the much debated issue of match fixing in...