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By Roshan Gopalakrishna Case review: United States Olympic Committee v. International Olympic Committee (CAS 2011/O/2422) Introduction On October 6 2011, the Court of Arbitration for Sport (‘CAS’) held that the International Olympic Committee (‘IOC’) rule prohibiting athletes suspended for more than six months for doping related violations from participating...
By Nandan Kamath Introduction ‘Club versus country’ has been a subject of intense debate for many years in football. Now with the advent of domestic cricket events, especially in the form of domestic Twenty20 tournaments inviting foreign participation, the debate has recently entered the cricketing arena. A...
By Vidya Narayanaswamy Introduction A player ban is a form of sanction imposed on a player for breaching sporting rules or regulations or any other general code of conduct or ethics applicable to the player. The length of the ban varies based on the seriousness of the...
By Nandan Kamath Background Hockey India (“HI”) recently cracked the whip by slapping a two-year ban on star players Sandeep Singh and Sardara Singh – a ban that has reportedly since been revoked. The ban was purportedly a result of the players attending a function organised by...
By Nandan Kamath Introduction A sports agent is a person authorized to act for a professional athlete or sports organisation when dealing with third parties. In theory, a sports agent is merely an intermediary tasked with ensuring that the supply and demand for labour within sport and...
By Roshan Gopalakrishna Introduction The Ministry of Youth Affairs and Sports has included a few provisions in the new draft sports bill which effectively gives the government the power to regulate sports federations and also intervene in their operations if the government feels that they are being...
By Shaun Star Introduction When one considers India’s ongoing cricket tour of England, while the Indian team comprises exclusively of India born and bred cricketers, the English team has a significant number of members who are either South African or Irish born, and not necessarily citizens of...
By Roshan Gopalakrishna Introduction In most legal systems, an agreement between two parties is legally binding and each party is required to honour the terms of the contract. An exception to this general rule occurs when one of the parties to the contract is a minor. To...
By Vidya Narayanaswamy Introduction The regulation of doping is not a new concept in the area of sports law. However, this area of sporting regulation also has to evolve to keep pace with changes such as technology advances. Moreover, as the monetary value for winning sporting competitions...
By Nandan Kamath Background Given the vast numbers of people who use online social networking in recent times, it is axiomatic that legal issues surrounding sport and social networking websites may arise. According to recently released figures, Twitter boasts a total of 175 million users on its...
Interview with Retd. Justice Mukul Mudgal Could you please tell us a little about your professional journey? What brought you to the legal profession and, more recently, what has motivated your interest in sports law? I graduated in Honours in Chemistry from Hindu College, Delhi University. I...
By Nanda Chalam Regulating the dissemination and consumption of proprietary content on the internet has been an extraordinary challenge for rights holders and law enforcement agencies in recent years. In its short history of a few decades, the internet has grown exponentially into a borderless, virtual...
By Roshan Gopalakrishna The ‘right of publicity’ is a relatively nascent personal right in the Indian context. In brief, the right of publicity is the right of an individual to exercise control over the commercial use of the individual’s name, image, likeness or other distinctive features...
By Vidya Narayanaswamy Introduction The issue of ‘Eligibility criteria for sportspersons’ assumes importance in light of dynamic models of citizenship, nationality and residency such as dual citizenship and overseas citizenship which allow persons who have lived and trained in one country to play for or represent another,...
Andre M. Louw An Interview in 2011 with Dr. Andre M. Louw, Senior Lecturer, Faculty of Law, University of KwaZulu-Natal, Durban, South Africa. Andre, could you tell us a bit about your journey leading up to your current academic position? After completing articles of clerkship with a Cape...
By Vidya Narayanaswamy The Draft National Sports (Development) Bill, 2011 brings into focus an important issue – the legal status of National Sporting Federations (NSFs) and their accountability in courts of law. In this learning module, we describe and summarise the current state of Indian law...
By Nandan Kamath Since its launch in 2008, the Indian Premier League (IPL) has witnessed some of the biggest financial investments in sports in India. In line with international leagues and tournaments, concepts such as player auctions, the franchise model and corporate ownership, have made an...
A 2011 Interview with Stuart Corbishley, Deputy Director General, Legal of the Delhi 2010 Commonwealth Games Organising CommitteeStuart, could you tell us a little about your professional journey leading into your current position?I originally qualified as a corporate & commercial lawyer with CMS Cameron McKenna...
By Roshan Gopalakrishna ‘Sport’ is matter that comes within the purview of Entry 33, List II (State List) of the Seventh Schedule of the Constitution of India. Therefore, in effect, the central government would have no legislative competence to make a central law in relation to...
By Dr. Clinton Free Rapid changes in technology, including increased broadband penetration, the development of online streaming platforms and advances in mobile infrastructure, now mean that live audio-visual content can be viewed on a growing range of devices by a burgeoning number of users worldwide. While...