The following Arbitration practice note produced in partnership with Daniel Meagher of Winston & Strawn provides comprehensive and up to date legal information covering:
Sports arbitration and dispute resolution will often be governed by specific rules of the relevant sports federation or association. This Practice Note therefore first sets out an overview of the structural organisation of sports regulation and governance, before going on to a high level overview of sports arbitration procedures.
Sports are typically regulated by federations and associations. Each association or federation will have governing body structures and rules by which they are organized and which will very often include provisions for the resolution of disputes arising within that sport.
Certain sports form part of the Olympic Games and the Olympic Movement. The Olympic Movement is the term used to describe ‘all organisations, athletes and other persons who agree to be guided by the Olympic Charter’ (Olympic Charter, 2015, Rule 1.1). The International Olympic Committee (IOC) is the body which oversees the Olympic Movement and generally acts as the supreme governing body of all individuals and entities which come within the Olympic Movement. Among other things, adoption of the World Anti-Doping Code (the WADA Code) is required for membership in the Olympic Movement.
Olympic sports are organized and regulated by International Sports Federations (IFs) which form part of the Olympic Movement. IFs are often divided into the groupings of ‘Summer IFs’ and ‘Winter IFs’ corresponding to the Summer and Winter Olympics.
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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