Newsletter edited by
S. Civale - M. Colucci - A. Frattini
25 MAY 2018 / N. 5


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Sports Law and Policy Centre




IN THE SPOTLIGHT





Sports Law and Policy Centre (SLPC) and Guizhou Hengfeng F.C.
signed a co-operation agreement for the development of Sports Law in China

PRESS RELEASE



FIFA Circular letter 1628:
Art. 64 of the FIFA Disciplinary Code -
new approach adopted by the FIFA Disciplinary Committee with respect to debtor clubs




INTERNATIONAL CASE LAW REVIEW
by Luca Pastore
Italian qualified lawyer, of Counsel at Lombardi Associates, Edinburgh (UK). E-email: luca@lombardi-football.com

SWISS FEDERAL TRIBUNAL

- Football: Swiss Federal Tribunal confirmed that particularities of sports arbitration cannot entail the extension of the concept of substantive public policy (Swiss Federal Tribunal 4A_312/2017)
An interesting Federal Tribunal Judgment has recently become available in English.
The decision was rendered as a result of the appeal lodged against an award rendered by the Court of Arbitration for Sport, which concerned the commission due by a football club to an intermediary.
The club sustained that the commission was grossly exaggerated if compared to the player's salary, and that the CAS Panel, by endorsing such a commission, violated a public policy principle - namely the prohibition of excessive commissions in the field of recruitment.
The Federal Tribunal rejected the club’s argument, confirming that, even though sports arbitration features some differences compared to commercial arbitration, these particularities should not extend to the concept of substantive public policy.

COURT FOR ARBITRATION FOR SPORT

- Football: CAS imposed a 14-month suspension on Paolo Guerrero for failing to take steps in order to prevent an anti-doping rule violation (CAS Media Release)
The Court of Arbitration for Sport extended the suspension imposed by the FIFA Appeal Committee on Peru captain Paolo Guerrero from 6 months to 14 months.
The Panel considered that although he did not attempt to enhance performance, he had to bear some fault or negligence for failing to take steps to prevent himself from committing an anti-doping rule violation.

- Football: AC Milan referred to CFCB Adjudicatory Chamber (UEFA Media Release)
The Investigatory Chamber of the UEFA Club Financial Control Body (CFCB) referred AC Milan to the Adjudicatory Chamber of the CFCB for breach of the break-even requirement provided by the UEFA Financial Fair Play regulations.

U.S. SUPREME COURT

- Sport Betting: U.S. Supreme Court repealed the federal law that banned sports betting outside of Nevada (16-476 Murphy v. National Collegiate Athletic Assn.)
The U.S. Supreme Court released an important decision, which has struck down a federal law prohibiting sports betting outside of Nevada, saying it unconstitutionally forced states to maintain the prohibition.
The decision opens up sports betting to any other states that choose to allow it.

REGULATIONS

- Football: FIFA Regulations on the Status and Transfer of Players, 2018 edition (FIFA RSTP 2018)
FIFA released a new edition of the Regulations on the Status and Transfer of Players, which applies as from 1st June 2018.
The new regulations include the amendments announced in the FIFA Circular letter no. 1625 issued on 26th April 2018.

- Football: UEFA Executive Committee approved new Club Licensing and Financial Fair Play regulations (Media Release)
On 24th May 2018, the UEFA Executive Committee approved a new edition of the Club Licensing and Financial Fair Play regulations. The current regulations came into force in 2015.
According to the media release, key points of the new regulations are:
- the insertion of the obligation for clubs to publish their financial information, including payments to agents;
- the harmonisation of financial and accounting reporting principles for football-specific transactions, such as transfer of players;
- the introduction of new financial indicators designed to monitor clubs’ budgets;
- the introduction of new requirements to increase protection and education of youth players and to support the development of women’s football in Europe.

DOCUMENTS

- Football: KPMG Football Clubs’ Valuation: The European Elite 2018 (The European Elite 2018)
KPMG released the third edition of “Football Clubs’ Valuation: The European Elite”, providing an indication of the value of the 32 most prominent European football clubs as at 1st January 2018.



EVENTS



INTERNATIONAL ARBITRATION IN SPORT:
THE LATEST DEVELOPMENT ON SPORTS LAW


Milan, 8-9 June 2018

Brochure - Programme - Application Form



Recent Developments in International Sports Law

7 June and 6 December 2018
at the office of De Kempernaer Advocaten in Arnhem, the Netherlands.

Programme



4th LawInSport’s Annual Conference ‘Understand The Rules Of The Game 2018

London, 13-14 September 2018
Royal Institution of Great Britain, Green Park (Mayfair),

Programme



6th AIAF Annual Congress
Footballer's contracts - Making them and Breaking them


Lausanne, 18-19 September 2018

Programme



PUBLICATIONS

INTERNATIONAL ENCYCLOPAEDIA OF SPORTS LAW

Edited by M. Colucci

The International Encyclopaedia of Sports Law deals with international and national sports law.

Following the same table of contents, the Encyclopaedia is composed of 33 national monographs (see flyer).

An introductory part may precede each section. For each level of jurisdiction, a further distinction will be made between public regulation (laws and regulation from governmental authorities) and private regulation (regulation and by-laws from sports organisations, like IOC, FIFA, UEFA, etc.)

Editor - Authors - Outline - Published monographs - Flyer



IEL Sports Law in Italy

Fourth Edition

Kluwer Law International

By
Michele Colucci
Giuseppe Candela
Salvatore Civale
Alessandro Coni



FLYER



FOOTBALL COACH-RELATED DISPUTES
A Critical Analysis of the relevant CAS awards and FIFA Players' Status Committee decisions


By Josep F. Vandellós Alamilla

Michele Colucci (ed.)

International Sports Law and Policy Bulletin 1/2018

ISBN 978-88-940689-8-6 (March 2018)



FLYER - TEASER - ORDER FORM - BOOK REVIEW



DISCIPLINARY PROCEDURES IN FOOTBALL
AN INTERNATIONAL AND COMPARATIVE ANALYSIS


Marc Cavaliero and Michele Colucci (eds.)

International Sports Law and Policy Bulletin 1/2017

ISBN 978-88-940689-7-9 (October 2017)



FLYER - TEASER - ORDER FORM - PRESS RELEASE



THE FIFA REGULATIONS ON WORKING WITH
INTERMEDIARIES
IMPLEMENTATION AT NATIONAL LEVEL


II EDITION

Michele Colucci (ed.)

International Sports Law and Policy Bulletin 1/2016

ISBN 978-88-940689-6-2 (December 2016)



PRESS RELEASE - BROCHURE - TEASER - ORDER FORM

BOOK REVIEW (I Edition) - COMPARATIVE TABLE (updated on 3.12.2017)



JOB VACANCIES



For further information about the INTERNATIONAL SPORTS LAW AND POLICY BULLETIN, please contact the Editorial Board at info@sportslawandpolicycentre.com.

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