Lex Sportiva As The Contractual Governing Law

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Rescuing The â œSupreme Courtâ š of Sports: Reforming The

for developing lex sportiva, which is a set of principles and rules making up international sports law.35 In the formation of inter-national sports law, CAS is credited with three different func-tions.36 First, CAS develops specific principles of sport and ap-plies general principles of law to sports institutions.37 Over the

MASTER OF LAW IN INTERNATIONAL BUSINESS LAW ENGLISH

such as a lex petrolea (oil law), a lex maritima (maritime law), lex sportiva (sports law), lex electronica, lex digitalis or a lex informatica (law governing information and communications technologies (ICT). It will also discuss the related problems of economic sanctions and the practice of mixed public-private tribunals.

Annals of Applied Sport Science, vol. 4, no. 3, pp. 51-59

KEY WORDS: Sports Law, Lex Sportiva, Legal Pluralism, State Regulation of Sport. INTRODUCTION With the rise of importance of sport as a social phenomenon in recent decades, more public attention has been paid to the issue of the legal nature of the rules governing social relations in sports. Are those just non-binding

Bulletin 2012 1 - Court of Arbitration for Sport

B. CAS awards, lex sportiva, and the displacement of national law 9 Articles et commentaires / Articles and commentaries - 3 Each international or national sports governing body,

Abstract - SSRN

International Sports Law , Global Sports Law and lex sportiva (thus drawing a patent analogy with the lex mercatoria governing international trade).13 2. Global Governance of Sport and the Emergence of A Global Legal System Parallel to the worldwide growth of the sports phenomenon, most

Tribunal Arbitral du Sport Court of Arbitration for Sport

8. In this case the contract specifically states that it is in accordance to 1. Law 2725/99 (English translation). Law 2725/99 is Greek sports law. In our view this is an express choice by the parties of Greek law as the governing law. 9. The Panel must accordingly apply Greek law, subject only to overriding considerations of public policy.

SPORTS LAW - GBV

juridification of sport: the role of law 84 viva sports law - sport and the law rip 88 the emergence of legal disciplines 91 conclusion: the emergence of a lex sportiva 91 key sources yj 3 sport and the role of the state in britain 95 introduction 95 framework of sport in britain %

Introducing the Court of Arbitration for Sport: The Ad Hoc

* Professor Richard H. McLaren, Faculty of Law, University of Western Ontario, London, Canada, a member of the Court of Arbitration for Sport (CAS) since 1994, also a member of the ad hoc Division of CAS at the Winter Games in Nagano, Japan, 1998, and the

Judicial Review of Olympic and International Sports

2006) ( [Tlhe gradual accretion of CAS precedent that is often labeled as Lex Sportiva can more helpfully be understood as comprising several distinct approaches to legal analysis that rely on diverse sources of governing principles. ). 3. Court of Arbitration for Sport, Joint Dispositions - Statutes - Code, Rule 59, available at

Sports legal order and civil liability Comparative law

have recourse to a court, asking damages by the athletic governing bodies28. In Greece, according to the most recent legislation (law 2725/99, as amended by law 3057/2002), [state] courts are competent to judge all issues related to the athletic activity29. Interesting is the issue about whether and how decisions of self-

The Pechstein case: Transnational constitutionalism in action

state or classical inter-national law. Fuelled by the complex dynamic of globalisation and the perceived loss of control of nation states, it is argued that new sites of regulations and complex transnational legal assemblages arise. One of the new sites, orders, regimes or systems cited in this context, is the so-called lex sportiva, the

Horses for Courses : An analysis of equine sports regulation

5.2 What does lex sportiva matter to horse sport? 64 5.2.1 Are sporting rules soft or hard law ? 68 5.2.1.1 Sport and EU law 71 5.2.2 Concluding the soft vs hard debate 74 5.2.3 The coherence of equinae lex sportiva jurisprudence75 5.2.4 The Court of Arbitration for Sport 76

Jack Anderson - GBV

1. Introduction: What is Sports Law? Introduction Sport and the Law: A History What is Sport? Sport as a Diversion Technology, Media and the Development of Sport Socio-Political Aspects of Sport Sport, Law and the Civilising Process Sport and the Law or Sports Law? Conclusion 2. Challenging Decisions of Sports Governing Bodies Introduction

Sovereignty Undermined? Sport & International Relations

umbrella contractual structure of most sports A jus ludorem (law of games) or lex sportiva. Genesis in the early 1980s. (ie. laws governing sports

ASSER International Sports Law Series

valuable contribution to a so-called Lex Sportiva in sport in general and in football in particular. New Delhi, Summer 2011 Amaresh Kumar* * Advocate, Supreme Court of India, Secretary General, Asian Council of Arbitration for Sport, Honorary Visiting Professor of International Sports Law, ASSER international Sports Law

Is There a Global Sports Law?

law. International sports law can be applied by national courts. Global sports law by contrast implies a claim of immunity from national law. Some authors have used the concept lex sportiva in a superficial manner to describe what is happening with the globalisation of sports law. I argue that lex sportiva should be equated to global

Judicial Review of Olympic and International Sports

2006) ( [T]he gradual accretion of CAS precedent that is often labeled as Lex Sportiva can more helpfully be understood as comprising several distinct approaches to legal analysis that rely on diverse sources of governing principles. ). 3. Court of Arbitration for Sport, Joint Dispositions Statutes Code, Rule 59, available at

1st Session SPORTS LAW THEORY: LEX SPORTIVA - OLYMPICA

fi eld of Sports Law on a national and international level it is distinguished in: the regu-lations of lex Sportiva that concern sports law on a national level and also international sports law concerning special regulations originating from international legal entities and international instruments or agreements of governmental entities.

I s Th ere a G l ob al S p ort s Law?

lex sportiva in a superficial manner to describe what is happening with the globalisation of sports law. I argue that lex sportivashould be equated to global sports law To define it thus as global sports law highlights that it is a cloak for continued self-regulation by international sports federations.

IN COOPERATION WITH THE INTERNATIONAL AND OMP AR TIVE LAW

School of Law, this summer abroad program continues the same Nice Summer Abroad Program that was founded and directed by Professor Susan Tiefenbrun 25 years ago. Classes are held at the University of Nice School of Law. Centrally located in the south of France on the banks of the Mediterranean Sea, the University of Nice School of Law offers

Global Arbitration Review The Guide to Advocacy

lex sportiva. A complementary, and perhaps equally important, task is to become familiar with what might be called the cultura sportiva, (i.e., in particular, the unwritten codes of conduct and behaviour that characterise sports arbitration and sports arbitration advocacy). While these

Advocacy in International Sport Arbitration

Jan 14, 2020 Finding the lex sportiva An advocate entering a new jurisdiction is well advised to become acquainted with governing law, which, in the case of the lex sportiva, can be challenging. Organisational rules typically are available electronically, as are the arbitration rules contained in the CAS Code

Module Definition Form (MDF)

* The nature of sports law and its scope * Sports governance * Corruption: doping and match fixing * The relationship between competition law and sport. * Salary caps and Financial Fair Play. * Resolution of disputes using the Court of Arbitration for Sport. * Sport in EU law * Sport and national law. * Lex sportiva. 6c. Key Texts/Literature

Sport law and the Court of Arbitration for Sport

does well is to develop the - what they called the Lex Sportiva, so principles from which apply in a common law or in a civil law system globally, because the rules of sport have to apply globally, so the legal principles do. Certainly it seems to be, let's say, a gradual process of people finding out these issues and

Asser Today / Vol. 5 / Issue no. 3 / April May 2014

sportiva to secure its autonomy. The first strategy, The contractual solution , relies on arbitration to escape the purview of national and European law. The second strategy, is to have recourse to The legislative solution , i.e. to use the medium of national legislations to impose lex sportiva's autonomy.

INTERNATIONAL MASTER IN SPORTS LAW, LLM

MODULE II. LEX SPORTIVA. SOURCES OF SPORTS LAW. WHO AND HOW DRAFT GOVERNING SPORTS LAW. Rules and regulations on international sports institutions. European union law. National sports law. The relationship between different legal sports law systems. FIFA and word antidoping agency as models of sports lawmakers. MODULE III.

SPORTS LAW TODAY

In legal theory regarding the concept of lex sportiva three observations that contradict each other usually are highlighted. First, the notion of lex sportiva, according to its characteristics in content, is a narrower term than sports law, which states is a special branch of law that covers standards of sports system and sporting activities1.

LIBERTATEA CONTRACTUALĂ. LIMITE LEGALE ŞI GARANŢII PROCESUALE

4. Devotion to deetatization of the regulative in the domain of private law 4.1. Strengthening the autonomous regulative and social self-regulation: the new lex mercatoria and lex sportiva In the last years, it is thought about strengthening autonomous regulative and passing a part of legal regulation matter to the so called social self-regulation.

Beyond Dispute: International Judicial - German Law Journal

lex sportiva is used in a broad sense as a synonym of global sports law. The formula global sports law thus covers all definitions so far provided by legal scholarship (such as lex sportiva or international sports law ) 14 in order to describe the

LEX SPORTIVA AND LEX MERCATORIA

Lex sportiva on the other hand rejects any national intervention and possesses all the authority and coercive power needed in order to impose its rules. It emerges therefore as a set of rules of law of a universal nature.

SPORTS LAW THEORY: LEX SPORTIVA OLYMPICA

principles of law, principles that are applied in Sports Law is a necessity, but also a framework of regulations which will enforce international legality in sports and can justify the distinction of: Sports Law- Lex Sportiva , International Sports Law and other respective validated forms of jurisdiction.

Lex sportiva as the contractual governing law

the concept of the lex sportiva to trace a parallel to its closest source of transnational law, the lex mercatoria. From that, following the principle of party autonomy, it will be argued if lex sportiva is already the governing law in some sports-related contracts or if it is desirable, whe-ther lex sportiva can become the governing law to a con-

32048 frt pgs - researchonline.jcu.edu.au

(now referred to as a 'lex sportiva'), along with an outline of the present legal organisational structure governing sport, but within each chapter a comprehensive analysis of a developing jurisprudence for sport. This body of jurisprudence, known as sports law, has developed quickly-a

COPYRIGHTABILITY OF ESPORTS IN INDIA: PERSPECTIVES FROM THE USA

wishes to Prof. Sidharth Chauhan, Asst. Professor of Law, NALSAR University of Law, Hyderabad, for continuously guiding me throughout the last two semesters with regards to academics and my career

Valparaiso University Law Review

all established by contractual agreement to arbitrate disputes when they arise. This consensual basis to the arbitration mechanism must be kept in mind when analyzing decisions. Sports arbitrations only exist because the athlete, the national governing body ( N.G.B. ), and others in the

Module Definition Form (MDF)

* The nature of sports law and its scope * Sports governance * Corruption: doping and match fixing * The relationship between competition law and sport. * Salary caps and Financial Fair Play. * Resolution of disputes using the Court of Arbitration for Sport. * Sport in EU law * Sport and national law. * Lex sportiva. 6c. Key Texts/Literature

THE EMERGENCE OF GLOBAL ADMINISTRATIVE SYSTEMS: THE CASE OF SPORT

Law , Global Sports Law and lex sportiva (thus drawing a patent analogy with the lex mercatoria governing international trade)13. GLOBAL GOVERNANCE OF SPORT AND THE EMER-GENCE OF A GLOBAL LEGAL SYSTEM Parallel to the worldwide growth of the sports phenome-non, most strikingly evidenced by the evolution of the Olym-

International Law and Justice Working Papers

role of CAS in making a lex sportiva, and it will take into account three different functions: the development of common legal principles; the interpretation of global norms and the influence on sports law-making; and the harmonization of global sports law.

Jurisdiction of the CAS The Basics - HENDEL IDR

CAS & Lex Sportiva Based on Rule 61 of the Olympic Charter, which confers upon the CAS exclusive jurisdiction to hear any dispute arising on the occasion of, or in connection with, the Olympic Games , the rules governing the CAS AHD provide for jurisdiction when the dispute arises during the Olympic Games or

THE PLACE OF ARBITRATION IN RESOLUTION OF SPORTS DISPUTES

created a body of Case Law known as the Lex Sportiva upon which Sports Arbitration users can rely. The creation of a consistent body of Case Law has been made possible by the provisions of the Code of Sports- Related Arbitration, the Procedural Rules of the CAS, known as the CAS Code