Ketchum’s Post

With one week to go until the Euro 2024 tournament kicks off in Germany, football is on the minds of many. Our international Sports Law team, led by former footballer David Winnie, has the expertise and specialist knowledge to work across the whole spectrum of sports law, from commercial agreements to sports disputes and arbitration. Find out more about our sports law offering here: https://lnkd.in/ewsGgjbT #SportsLaw

Governing the Game: Practical Insights in Sports Law What do sporting events such as the EURO, the Olympic Games, Wimbledon, the Tour de France or the F1 Monaco Grand Prix have in common? They are meticulously governed by a vast field known as sports law and any related disputes generally resolved by sports arbitration. In this first blog of the series, MLL’s Sports Law Practice shall be giving you a tour of some essentials of sports arbitration and why Switzerland plays a major role in this field.   Read the lates article on "Unlocking sports arbitration: the essentials revealed" from Jean Marguerat, Tomás Navarro Blakemore, Ada Sofie Altobelli 👉 Link: https://lnkd.in/dVzjNFj6   #SportsArbitration #CAS #DisputeResolution, #SportsLaw #InternationalSports

(continuation of my previous post on the "Diarra" matter) The risk of such weightily changes is lower if: - no restriction at all is found to exist (very unlikely); - a restriction by effect is found to exist: then the “Wouters” exception would be applicable and a justification could be argued. Furthermore, the following aspects could, in my view, impact the decision of the CJEU: - how much weight is given to the fact that sporting sanctions can only be imposed if the contractual breach occurs during the protected period (cf. point 7. of the Definitions section of the RSTP)? - how much weight is given to the fact that, in practice, sporting sanctions are applied by the various decision-making bodies very seldom and only if particularly severe circumstances exist, even if the contractual breach occurred during the protected period (cf. relevant jurisprudence of the FIFA Football Tribunal and of CAS). This applies to players and clubs, including sanctions for inducement to breach of contract; - how much attention is paid to a possible change of the CAS jurisprudence in relation to the calculation of the compensation due by a player to a club in case of breach of contract? Several relatively recent CAS awards seem to indicate an increased acceptance by CAS of the calculation method applied by the FIFA Football Tribunal: - CAS 2019/A/6337 https://lnkd.in/eS7VXWcZ - CAS 2020/A/7029 - CAS 2020/A/7145 - CAS 2021/A/8477 & 8492  - CAS 2023/A/9578 & 9579 & 9580: https://lnkd.in/etb9SQTv This tendency would, at least partially, weaken the argument that, contrary to the compensation due by a club to a player, the compensation due by a player to a club is not predictable, with a hinderance effect on the player’s possibility of free movement. As said, these are just some general thoughts. On 4 October 2024 we will know more. In case you would like to share further thoughts or would need advice in the future, please feel free to reach out to me Omar Ongaro or Morgan Sports Law

Thank you for the invitation to the panel “Beyond the Final Whistle: A Playbook for Sports Arbitration Success” (8th CARTAL Conference) #sportslawyer #sportsmanagement #sportsbusiness #football #legal #entertainment #sports #chambersandpartners #sportslaw #entertainmentlaw #footballlaw #sportsarbitration #arbitration

Gytis Rackauskas from Lithuania and Juan Yu from China published in Middle East Sports Law an insightful study about the Termination of the contracts of Football Players and Coaches . #middleeastsportslaw #study #FIFA #CAS #SFT #Football #Players #Clubs #Coaches #Contracts #Termination The Study is available in three languages on the following link: https://lnkd.in/dksa_EWS?

🌟 Agent Spotlight: Meet Marco Vittorio Tieghi 🌟 Discover the fascinating journey of Marco Vittorio Tieghi, an Italian football agent with a distinctive blend of legal expertise and sports management prowess. From Tokyo to Milan, his global experience shapes his innovative approach in the sports industry. Dive into his story and explore his impact on sports law, player contracts, and the digital sphere. #TheAgentsWeek #SportsLaw #FootballAgent #SportsManagement

The FFAR's litigation map continues to be an impressive affair. For a brief look at the main European cases before the summer transfer window, see the Morgan Sports Law article below https://lnkd.in/dWjMWJv3. It includes updates in England, France, Germany, Italy, Spain, Switzerland and the Netherlands. For the South American cases, see here in Brazil https://lnkd.in/dPGJqX_h and here in Argentina https://lnkd.in/dTTiectq. It seems that football agents in Africa, Asia, Australia and North America have not challenged the FFAR in court. Dialogue is the key. #ffar #sportsbusiness #footballregulation #sportslaw #footballlaw #football #footballnews #footballagent #footballbusiness #fifa #uefa #conmebol #concacaf #caf #afc #ofc #ffaronline #transparency #knowledge #hub #litigation #competition #competitionlaw #england #france #germany #italy #spain #switzerland #netherlands #brazil #argentina

Royal Antwerp is unlikely to prove a Bosman-like moment for EU football law, but this does not mean that it is without legal or practical interest. In this Op-Ed for EU Law Live, Sergio Íñiguez and I dissect three key aspects of the Court's judgment - the fate of Article 165 TFEU, the competition analysis, and the free movement assessment - and explore its place in the ever-growing jigsaw puzzle that is EU football law. https://lnkd.in/dTaPK34c

📖 The Tribunal set up under The Football Association Rule K has issued its award following the conclusion of a lengthy 5-day proceeding which involved a challenge to the legality of its National Football Agent Regulations. ❌ The FA Rule K Tribunal found the proposed Fee Cap and Pro Rata Payment Rules to be in breach of the Competition Act, 1998. 📊 This article will explore the recently published arbitration Award and its broader significance within the sports ecosystem. This week's blog has been co-authored by LawInSport mentees Thomas Anderton and Namit Halakhandi. They analyse the FA Rule K award on the implementation of FIFA's Football Agent Regulations and its implications ahead of the Transfer Window. #FIFA #footballlaw #football #soccer #sportsbiz #sportslaw #sportlaw #FA #law #footballtransfer #transfer #studentblog #sportsblog #agent #sportsagent #footballagent #CAS

Calling all sports law professionals and arbitration enthusiasts! The latest CAS Bulletin has just been released, featuring essential updates on sports dispute resolution, new legal precedents, and insightful arbitration content. Stay informed and elevate your sports law expertise. Access the CAS Bulletin here: https://lnkd.in/eNJ6vhTW #CAS #SportsLaw #Arbitration #LegalInsights