The University of Buckingham hosted a very interesting public debate last Thursday [19 July 2012] on the issue of performance enhancing substances and methods in sport. I had the honour of chairing this debate and be part of the panel which comprised of my two esteemed colleagues, Professor Geoffrey Alderman and Professor bob Watt [who prefers to use a small 'b' for his first name!]. My two colleagues fully analysed the moral and ethical issues in favour and against the use of performance enhancing substances and answered questions from the public.
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
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.'