ABSTRACT
This chapter will detail how sports law is derived from several sources and that it operates at different levels according to the nature of the case under review. Sports law is used when referring to playing or participating in sport, when regulating the conduct of the participants and/or in ensuring discipline within the sport so that everybody abides by the ‘rules of the game’.
Sports law determines the liability of the participants in a sport when they exceed the legal limits of that particular sport or if they somehow adversely affect the legal rights of others while participating in it. Sports law also deals with the different relationships that arise in the context of the sporting activity, its management and any associated commercial aspects.
The legal principles used in this chapter have been derived mainly from English law and to some extent from EU law. It is recognised and accepted that these principles may not be fully or even partially applicable in the Middle Eastern countries under the relevant domestic laws. However, the legal principles are derived from jurisdictions where the law has been active to give redress to those requiring justice and they are based on real life instances. It is hoped that these principles will aid the shaping of the law in the developing jurisdictions throughout the Middle East. At the very least, the reader will benefit from the legal developments in the field of sport and in sports law and be able to judge for themselves whether the extent to which the law is involved in sport is also necessary in Middle Eastern countries.
88 Case Study 1: Petr Korda
The initial case study in this chapter relates to a series of legal matters concerning Petr Korda, a tennis player. In 1998, Petr Korda made an application to the All England Lawn Tennis and Croquet Club to compete at the Wimbledon Championships, one of the foremost tennis tournaments in the world. In his application he accepted that the Rules of Tennis (‘Rules’) approved by the International Tennis Federation (‘ITF’) would govern the event in question. These included the ITF's anti-doping and drug -testing programme. After losing in the round of 16 (the round immediately prior to the quarter-finals), Korda was required to provide and did offer a urine sample for testing. The sample was tested and it was found to contain a prohibited drug.
The initial decision
The matter was referred to the Independent Anti-Doping Review Board (‘Board’) and it held that Korda was guilty of breaching the ITF's Anti-Doping Programme. The Board imposed the mandatory penalty of one year's suspension and forfeiture of all rankings and prize money earned at the Wimbledon tournament.
Appeal
Korda appealed to the ITF's Appeals Committee (‘Committee’) against the imposition of the suspension and argued that there were ‘exceptional circumstances’ for the presence of the drug in his urine sample. The Committee accepted Korda's submission and set aside the ban. The ITF subsequently lodged an appeal to the Court of Arbitration for Sport (‘CAS’).
English High Court
Korda then applied to the English High Court (Korda v ITF Ltd. 2 ) for an injunction to restrain the ITF from pursuing its appeal to the CAS. He relied upon two grounds: i) that he was not bound by any contract to comply with the Rules; and ii) in any event, the Rules did not provide for an appeal to the CAS. The High Court decided that a contract could be inferred from Korda's conduct although there was no written or oral contract in existence and refused the injunction. The conduct relied upon was: i) submission of the urine sample for testing; ii) his appeal to the Committee against the initial decision of the Board; and iii) his choice to exercise a right of appeal to the CAS if the Committee decided his case against him. Korda then appealed to the English Court of Appeal.
89 Court of Appeal
The Court of Appeal (Korda v ITF Ltd. 3 ) upheld the decision of the English High Court that it had correctly found the contractual relationship between the parties. Further, the Court of Appeal construed the ITF Anti-Doping Programme to include a right to appeal for a full rehearing where there was a dispute between the parties. Since there was a dispute around the meaning of ‘exceptional circumstances’ and on the penalty, ITF had the right of appeal to the CAS.
CAS
The CAS (ITF Ltd. v K 4 ) held that Korda was unable to prove ‘exceptional circumstances’ in this case. Therefore, the CAS reinstated the original penalties that were imposed upon Korda by the Board.
Analysis
The several cases concerning Korda arising out of the factual matrix set out above demonstrates a number of points about sports law:
Korda wanted to establish his right to play the game, asserting that the suspension was wrongly imposed, while the ITF was contending for the suspension to remain in place to enforce discipline in the sport.
The relationship between the player (Korda) and the governing body (ITF) was based on a contract that was inferred by the court from the conduct of the parties although there was no written or oral contract in existence.
The ITF Rules were incorporated into that contract.
The rights and duties of players and governing bodies contained in the ‘rules of the game’ (here, the ITF Rules of Tennis) applied at all times to those who, like Korda, had consented to play the game according to them.
In seeking a urine sample, analysing it and imposing the penalty on Korda, ITF was attempting to ensure compliance with the ‘rules of the game’ by all players and maintain the integrity of the sport.
Dispute resolution procedures are normally agreed in the ‘rules of the game’ and they must be adhered to.
The national courts intervene in appropriate sporting situations to enforce contractual rights and to maintain discipline in the sport.
Players and governing bodies take their respective rights seriously and will take legal steps to abide by the ‘rules of the game’ or to exclude them depending upon what is most beneficial.
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