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Preliminary (Provisional) & Conservatory Measures before the Court of Arbitration for Sport (CAS): Procedure & Practice.

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  An important aspect of procedure and practice before the CAS, relates to the ability of applicants to seek urgent protective measures, in the form of an application for a Stay of execution of the appealed decision. The legal basis for such application can be identified in Article 183 of Swiss Private International Law and R37 of the CAS Code. The latter, provides that the CAS may, upon request of a party, order preliminary or protective measures. According to CAS practice and jurisprudence (See  CAS 2003/O/486; CAS 2013/A/3324; CAS 2013/A/3199; CAS 2010/A/2071. CAS 2001/A/329; CAS 2001/A/324 ), there is a three-stage test that needs to be satisfied for a successful application on such protective measures (provided that the issue of jurisdiction has been settled): The requested measures must be necessary to protect the Applicant from irreparable harm; There must be a likelihood of success on the merits of the claim; The interests of the Applicant in the ...
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The Economics of Football and the Curious Case of Club Governance

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The present post diverts slightly from its usual reference to specific issues of sports law and refers its readers to more generalised concepts of football governance, by focusing on club policy and decision making, regarding  player recruitment/evaluation. Inevitably, the analysis draws on the importance of the doctrine of commodification and considers how such doctrine affects the internal relationships in a club, as well as the club's relationship with its fans and supporters.
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Football Agents & Tapping Up: Business As Usual

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We could all agree that the increasing commercialisation of sport gives rise to a number of opportunities for a quick profit. Football is not different and its commodification and enormous commercial value have created the basis upon which quick deals could be established and millions of pounds could be exchanged between different parties. The  purposeful and efficient application of the regulatory framework could ensure the elimination of illegal and immoral activities such as 'tapping up'. But is such application always an appropriate deterrent?
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