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
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
Welcome to the World of Sports Law This is my first ever post. I would like to welcome you all to what I hope it will be an exciting, informative and comprehensive blog. Almost 30 years ago, a new legal discipline appeared in the UK. Its presence was embraced with several different views and opinions. Some of them were opinions of excitement and celebration. Others were accompanied with curiosity. And some others with concern and disbelief: "There is no such thing as Sports Law" many uttered.