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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 reques
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Harry Maguire's Biggest Defensive Role: The Law of the Land

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  The present post will inevitably divert considerably from its sports law nature and will focus on an analysis of a foreign legal system (Hellas), with reference, mainly, to procedural  matters. Where relevant, the author would touch upon the disciplinary law elements that could allow the reader to formulate a more comprehensive view about the relevant issues, within the wider discipline of sports law. As a disclaimer, the author would like to confirm that he does not currently have a professional relationship with any of the parties in this criminal matter, between the Hellenic Republic and Harry Maguire .  There has been a lot of confusion regarding procedure and practice in this criminal matter and, inevitably, people are left wondering what the true state of affairs is. As a first point in this analysis, it is necessary for the author to confirm that the basis of Hellenic law derives from Roman Law and the modern procedure in the country resembles the Franco-Germanic system. It is
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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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Hyperandrogenism Regulations in Track and Field: Pride & Prejudice or Discrimination in Disguise?

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It was in 2009 when I first had to deal with a matter that touched upon gender verification in sport. I advised the South African track and field federation on the matter of Caster Semenya and I was acquainted with the sensitive and complicated details of this developing area of the sports law discipline. Although the confidential information  of the case could not be made available to the public, a summary of my arguments on the matter were published back in 2009  http://www.cecileparkmedia.com/world-sports-advocate/article_template.asp?Contents=Yes&from=wslr&ID=1172  
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The Case for Banning Greek Football

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The efficacy of football governance in Greece has been put into question many times in the past. It is not a new phenomenon for Greek self-regulation and state involvement and, those close to affairs in Greece, know very well that the root of the problem goes deeper, with socio-political aspects forming the basis for every analysis. The latest events, however, in Thessaloniki  http://www.independent.co.uk/sport/football/european/greek-super-league-suspended-paok-president-ivan-savvidis-gun-invade-pitch-a8252161.html (not Salonica as Media call it), indicate not only the degree of the problem, but, more importantly, the numbness surrounding the Greek authorities.
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The Fiduciary Duty of Football Intermediaries and the Conflict it Creates

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It is more often than not that Media around the world feel obliged to publicise stories involving professionals (a term that may not be applicable to all of those concerned) who have been assigned to promote, safeguard and maximise the employment and commercial opportunities of their football clients.  Such stories tend to focus on the ability of such professionals to make a quick profit for little work involved. Indeed, I suggested in a previous post  https://www.linkedin.com/pulse/20141113135420-55498583-football-agents-tapping-up-business-as-usual/  that football 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 parties. I also argued, in such post, that the purposeful and efficient application of the regulatory framework could ensure the elimination of  illegal and immoral activities such as 'tapping up.' 
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The Froome Matter: A Crossroad for Law and Medicine

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This is another high profile saga in the long list of anti-doping matters of cycling and one that raises several questions as to the true state of events. In line with similar previous cases and because of the application of strict liability, the present matter creates an antithesis with the precepts of fairness and justice in that, the athlete in question, is presumed to be guilty, until he is able to prove otherwise. 
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