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You can’t put a limit on anything. The more you dream, the farther you get.
-Michael Phelps
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TEAM PLAWYERED
Editorial Board
Gaurav Misra , Publishing Editor , Plawyered
He is currently pursuing B.A. LL.B. (Hons.) from Chanakya National Law University, Patna. A voracious reader and an ardent Arsenal supporter, Plawyered is his way of bringing his love for law and sports on one single platform. .
Tejaswini Ranjan, Managing Editor, Plawyered
She is currently pursuing B.A. LL.B. from Chanakya National Law University, Patna. She is a sports enthusiast and a big fan of cricket. It is her love for sports that made her come up with this portal. Apart from this, she also holds the experience of
working with several legal portals and research journals.
Content Editors
Vishakha Srivastava is currently pursuing B.A. L.L.B. (Hons.) from Chanakya National Law University, Patna. She is an avid reader and has a special corner for fiction. She is also a Student Editor at CNLU Law Journal.
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Ashutosh Kashyap is currently pursuing B.A. LL.B.(Hons.) from Chanakya National Law University, Patna. He is a keen reader and an enthusiast orator. His love for poems can be reflected through his blog.
*The views expressed in the articles are solely the views of the respective authors.
**The copyright of the magazine vests with www.plawyered.com . All communications are to be made at [email protected].
R.I.P all those who died in the plane crash in Columbia. Stay strong , Chapecoense.
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#1 CASE LAWS : CYBERSQUATTING IN SPORTS
TEJASWINI RANJAN
Identical or Confusingly Similar Mark:
1. PGA TOUR, Inc. v. Eka To establish that the domain name at Paramartha1 issue was identical or confusingly similar to PGA‟s trademarks, PGA One of the most recent UDRP relied on its ownership of U.S. decisions in the sports world involved trademark registrations for WORLD a complaint filed by PGA TOUR, Inc. GOLF TOUR and similar marks (“PGA”) against the individual Eka covering golf and entertainment Paramartha of Denpasar, Indonesia related services. PGA argued that its (“Respondent”) relating to registration registrations served as prima facie and use of the domain name
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World Golf Tour, supported PGA‟s Panel also discounted Respondent‟s claim that Respondent was not using claim that he was making a non- the domain in its primary descriptive commercial use of the domain because sense, but rather in a manner that was he was not actively selling products or intended to trade off the goodwill services. The evidence indicated that associated with PGA‟s trademarks. As the Respondent was trying to generate a result, Respondent failed to profit passively based on click-through demonstrate any legitimate interests in revenues for traffic diverted to the site, his registration and use of the which supported a finding of bad faith. domain2. Because all factors weighed in favor of Registered and Used in Bad PGA, the Panel found for PGA and Faith: In determining whether the ordered Respondent to transfer the domain was registered and used in bad domain name. faith, the Panel focused on 2. National Football League v. Respondent‟s admission that the EE Nation3 domain was no longer a priority based on the lack of traffic coming to the The NFL, which aggressively protects website. The Panel found that this its SUPER BOWL trademark, filed a admission supported the contention complaint against EE Nation alleging that Respondent was “only interested that its registration and use of the in the „traffic‟” to the website, which domain
on federal registrations for SUPER 2 Domain Dynasty: The Ongoing Battle Over BOWL and highly similar marks to Presence on the World Wide Web, February 8, 2013, Lewis ROCA, available at http://www.lrrc.com/domain-dynasty-the-ongoing- 3 National Football League v. EE Nation, battle-over-presence-on-the-world-wide-web-02- Case No. D2011-1228 08-2013
P a g e | 7 establish rights in the SUPER BOWL Although Respondent failed to file a trademark. It also presented evidence formal response to the complaint, it of extensive advertising and sent an e-mail requesting guidance on unsolicited media coverage of the how it could modify the domain so as SUPER BOWL mark to demonstrate to not violate the NFL‟s trademark that it has come to be recognized and rights.4 Respondent also stated that relied upon by the public as referring the information provided through the to the NFL and its championship website was not intended to generate football game. The Panel found that profit, but rather was purely based on the evidence submitted, the informational and not intended to NFL had established rights in SUPER “harm anyone” - arguments similar to BOWL, and that Respondent‟s domain those raised in the PGA case. The incorporated SUPER BOWL in its Panel discounted these arguments and entirety, with the only difference the found that Respondent failed to addition of the generic of descriptive present any evidence or arguments as word “concierge,” which was not to why it has a right or legitimate enough to differentiate it from the interest in using the NFL‟s trademark. Thus, the domain
P a g e | 8 focused on the content of Respondent‟s 3. NBA Star Chris Bosh website. NFL supplied evidence that case Respondent‟s website displayed One would think that winning a gold information on NFL stadiums, as well medal, signing a multimillion-dollar as hotel and travel-related links for the contract and being awarded a trip to Super Bowl game. It also contained a the NBA All-Star game would be link for “Super Bowl Packages.” The enough to fill a resume for a few NFL argued that Respondent‟s hotel years. Not for NBA superstar Chris and travel-related services and game Bosh. He has now been named a packages directly compete with the "cyberhero" by Internet sports NFL and the services it offers for its bloggers after winning the rights to championship game. Based on the his own Internet domain name. evidence presented, the Panel found It all started when Bosh went to that “Respondent‟s use of the Domain register www.ChrisBosh.com, only Name to promote Super Bowl-related to discover that it was already services demonstrates that Respondent registered to Luis Zavala in Los targeted [the NFL] and its SUPER Angeles. It turned out that each time BOWL trademark when it registered an Internet user would visit a site the Domain Name” and was used to registered to Zavala, they would be “take advantage of [the NFL]‟s redirected to other Web sites goodwill and to divert users to wherein Zavala would receive Respondent‟s commercial website, advertising commissions from each which offered directly competitive click. services.”5
Accordingly, the panel ordered the domain name Similar to his NBA playing style,
to purchase the domain name, Bosh sued in federal court. Bosh v.
Zavala, No. 08-04851 (C.D. Cal. 5 Ibid.
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Sept. 24, 2009). Zavala never The list of domains contains the showed up in the Los Angeles court names of famous athletes and to answer the complaint or defend entertainers, including Olympic himself, so Judge Florence-Marie gold medalists; NBA All-Stars Cooper ordered that Zavala pay Rashard Lewis (Orlando Magic), $120,000 in damages and turn Danny Granger (Indiana Pacers) over the domain name, and Maurice Williams (Cleveland www.ChrisBosh.com. After a Cavaliers); the NBA's Deron request by Bosh and knowing Williams (Utah Jazz), Tayshaun Zavala would probably never pay Prince (Detroit Pistons), Ronny the $120,000 in damages, the Turiaf (Golden State Warriors), court also ordered Zavala turn over Hedo Turkoglu (Orlando Magic), every domain name in his Michael Redd (Milwaukee Bucks) possession. and J.J. Redick (Orlando Magic), as well as 11 current and former
players for Bosh's own NBA team, In this unusual twist, the court the Toronto Raptors. allowed a plaintiff to recover domain names in satisfaction of a judgment. Specifically, Bosh was From the looks of the list, Zavala given the authority to take over the had also been speculating success, domain names of hundreds of as he had registered numerous basketball stars, a pro wrestler, pro college and high school basketball golfers and other domains held by players that have yet to become Zavala. In fact, nearly 800 domain household names. Zavala even names wrongfully appropriated went outside the sports world and from professional athletes and registered the names of Paris celebrities were handed over to Hilton's ex-boyfriend, a son of Bosh. Britney Spears and Kevin Federline, and even the name of
notorious crime boss John Gotti. Names with no relation to a
P a g e | 10 celebrity or other trademark were name; the registrant's intent to also awarded to Bosh including divert customers from the mark Mixedmartianarts.com, owner's online location that could Hoopology.com, October24.com, harm the goodwill represented by and two cities in Mexico, Curimeo the mark, for commercial gain or and Walamo. Bosh filed suit under with the intent to tarnish or the Anticybersquatting Consumer disparage the mark; the Protection Act, which authorizes a registrant's offer to transfer, sell, or trademark owner to sue an alleged otherwise assign the domain name cyber-squatter in federal court and to the mark owner or a third party obtain a court order transferring for financial gain, without having the domain name back to the used the mark in a legitimate site; trademark owner. The biggest the registrant's registration or difference between the Internet acquisition of multiple domain Corporation of Assigned Names names that are identical or and Numbers and the confusingly similar to marks of Anticybersquatting Consumer others; and the extent to which the Protection Act is that financial mark in the domain is distinctive remedies are only available under or famous. the Act. According to the complaint in the In order to be successful in a claim Bosh lawsuit, Bosh's attorneys under the Act, you must establish argued that the only purpose that the defendant registered, behind Zavala purchasing the traffics in or used the offending domain names was for a bad-faith domain name with a bad-faith intent to profit from each intent to profit. Some of the factors trademark. Because Zavala never in determining whether the responded to the complaint, Bosh domain name registrant has a bad- never had to support the elements faith intent to profit include: necessary to bring his action in whether the domain name contains federal court. Nevertheless, the the registrant's legal or common court found that the domain names
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were purchased by Zavala in bad requesting the transfer of this domain faith and the domain names may name to the Complainant, who had not be used as partial payment to levy authorized the use of this name by a Zavala's property.6 third party. This was, prima facie, a case of so-called „cybersquatting‟; that is, occupying a site in „cyberspace‟ 4. FIFA DOMAIN NAME which lawfully belongs to another, DISPUTE: BACKGROUND without permission and with a view to AND GENERAL selling the domain name to the rightful PRINCIPLES party or even a third party. This is a
form of „unfair competition‟ in a One such dispute recently arose in commercial/economic sense. relation to the domain name (the
Disputed Domain Name), which had been registered by a South Korean and The Complaint, FIFA v Seo Jae Woo7, to which FIFA, not unnaturally, took which was filed on 11 October 2010, exception. A domain name is an was handled by a sole WIPO Domain Internet address and the basis for a Names Panelist who upheld the website, on which the owner is able to Complaint and ordered the transfer of promote its goods, services and the domain name to FIFA on 2 activities. As such, it is a useful December 2010. In fact, under the marketing tool and in the case of a Rules, the Panelist is required to sports body, a kind of „shop window‟ to forward the Decision to WIPO within showcase its particular sport. In the 14 days of being appointed (see domain name dispute under paragraph 15(b) of the ICANN consideration here, FIFA (the (Internet Corporation for Assigned Complainant) filed a Complaint Names and Numbers) UDRP (Uniform against the South Korean (the Dispute Resolution Policy Rules). So, Respondent) with the WIPO Center the procedure is quite speedy!
6 NBA Star Scores Against Cybersquatter, Daily Journal, available at http://www.sedgwicklaw.com/nba-star-scores- 7 WIPO Case No. D2010-1717, FIFA v Seo Jae against-cybersquatter-12-16-2009/ Woo
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In order to win their case, FIFA had to „Common Law‟ trademarks are also prove that, under the provisions of the protected under the Policy8. ICANN UDRP (the Policy) approved on 24 October 1999 and administered by the Center, this was a case of Paragraph 4(b) of the Policy lists four „cybersquatting‟; in other words, the examples of acts, which prima facie abusive registration and unfair use of a constitute evidence of bad faith: domain name. Under the Policy, in i. Offering to sell the domain name to order to obtain the transfer (or the trademark owner or its competitor; cancellation) of the offending domain name, FIFA must prove each of the following basic elements of paragraph ii. An attempt to attract for financial 4(a) of the Policy, namely: i. the gain Internet users by creating disputed domain name is identical or confusion with the trademark of confusingly similar to a trademark of another; service mark in which the Complainant has rights; and ii. Respondent has no rights or legitimate interests in respect iii. Registration of a domain name in of the domain name; and iii. The order to prevent the trademark owner disputed domain name has been from reflecting its mark in a registered and is being used in bad corresponding domain name; and faith.
iv. Registration of the domain name in For the Complaint to succeed, all three order to disrupt the business of the of these conditions must be satisfied. It competitor. is interesting to note, en passant, that as far as the first of these conditions is concerned the trademark need not be It should be noted that this list is not registered. In other words, so-called exhaustive, but merely illustrative of
8 Adobe Systems Incorporated v Domain Oz, WIPO Case No. D2000-0057
P a g e | 13 the kinds of situations that may fall Federation Internationale de Football within the concept of „bad faith‟. In Association v. J.Y. Chung, practice, many domain name disputes Worldcup2002.com, W Co., and are not defended by the Respondent, Worldcup 200210, in which it was held as in the present FIFA case, and this that the use of a number following the fact, along with a failure to respond to name „worldcup‟ and used for the any „cease and desist‟ letter from the purpose of representing the year of a Complainant issued before the WIPO particular FIFA tournament, does not proceedings were commenced, may affect, in the minds of consumers, the constitute further evidence of bad faith association of the name with the on the part of the Respondent .9 Complainant. In other words, the numerator in the present case does not
provide any distinguishing feature for IDENTICAL OR CONFUSINGLY trademark similarity purposes. SIMILAR
The Panel also found that the addition The Case File contained ample of the number „11‟ in the Disputed evidence to demonstrate the Domain Name functions to confirm, if Complainant‟s rights in the registered not heighten, an association between FIFA trademark. The Panel also the Disputed Domain Name and the determined that the Disputed Domain Complainant, based on the past uses of Name is confusingly similar to the the FIFA mark followed by a number Complainant‟s FIFA mark. In this case, to indicate the year of a particular it is clear that the Disputed Domain tournament. Finally, the Panel found Name is composed entirely of the that the top-level domain name suffix Complainant‟s FIFA mark. („.com‟) is not generally taken into Additionally, the Panel agreed with the consideration when assessing decision in ISL Marketing AG and The identicalness or confusing similarity.
9 Bayerische Motoren Werke AG v. (This 10 The Federation Internationale de Football Domain is For Sale) Joshuathan Investments, Association v. J.Y. Chung, Worldcup2002.com, W Inc., WIPO Case No. D2002 0787) Co., and Worldcup 2002, WIPO Case No. D2000- 0034,
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Accordingly, the Panel found that the Complainant has satisfied the first iii. Respondent is making a legitimate element of the Policy. non-commercial or fair use of the Disputed Domain Name, without intent for commercial gain to RIGHTS OR LEGITIMATE misleadingly divert consumers or to INTERESTS tarnish the trademark or service mark at issue.
Paragraph 4(c) of the Policy provides that Respondent may establish rights If the circumstances are sufficient to or legitimate interests in the Disputed constitute a prima facie showing by the Domain Name by proof of any of the Complainant of an absence of rights or following non-exclusive list of legitimate interests on the part of the circumstances: Respondent, the evidentiary burden shifts to the Respondent to show, by plausible, concrete evidence, that it i. before any notice to Respondent of does have a right or a legitimate the dispute, Respondent used, or made interest. Applying the above demonstrable preparations to use, the principlesto the present case, the Disputed Domain Name or a name Complainant has not authorized the corresponding to the Disputed Domain Respondent to use its FIFA trademark Name in connection with a bona fide in any respect. Neither is there any offering of goods or services; or evidence that the Respondent is commonly known by the Disputed Domain Name. Furthermore, the ii. Respondent (as an individual, Respondent‟s use of the Disputed business, or other organization) has Domain Name to sponsor links does been commonly known by the not constitute use of the Disputed Disputed Domain Name, even if Domain Name in connection with a Respondent has not acquired bona fide offering of goods or services. trademark or service mark rights; or
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Finally, there was no evidence that the Respondent is making any legitimate Paragraph 4(a)(iii) of the Policy non-commercial or fair use of the requires that Complainant establish Disputed Domain Name. both bad faith registration and bad faith use of the Disputed Domain Name by Respondent.11 The Therefore, based on the unrefuted Complainant submitted evidence that evidence submitted by the the Respondent may be deriving a Complainant, the Panel found that the financial benefit from web traffic Respondent was not making fair use of diverted through the Disputed Domain the Disputed Domain Name, but is Name to linked websites on the using the Domain Name to attract website to which the Disputed Domain Internet users to the Respondent‟s Name resolves. The Panel, therefore, website and then providing links to accepted that the Respondent has other sites, some of which have little or intentionally attracted Internet users nothing to do with the Complainant. to its website for commercial gain This combination of circumstances through confusion as to the source, sufficiently establishes a prima facie affiliation or endorsement of the case so that the evidentiary burden website or location. This amounts to shifts to the Respondent to prove that evidence of bad faith use under it has some rights or legitimate paragraph 4(b)(iv) of the Policy. interests in respect of the Disputed Further the Respondent, by use of the Domain Name. Having not filed a Disputed Domain Name, is also Response, the Respondent has failed to attracting Internet users away from the discharge this burden. Accordingly, the Complainant‟s websites and/or from Panel found that the Complainant has its authorised licensee‟s websites to its satisfied the second element of the own website at the Disputed Domain Policy. Name, and thus causes harm to the Complainant‟s business. Accordingly,
REGISTERED AND USED IN BAD 11 FAITH World Wrestling Federation Entertainment, Inc. v. Michael Bosman, WIPO Case No. D1999 0001
P a g e | 16 the Panel found that the Respondent alleged cybersquatters were filed at registered the Disputed Domain Name WIPO‟s Arbitration and Mediation primarily for the purpose of attracting Center in 2007. The problem showed Internet users to another site by no signs of abating in the first half of creating confusion and this is evidence 2008. Complainants cover a wide of bad faith under paragraphs 4(b)(iii) spectrum: individuals – authors, and (iv) of the Policy. entertainers, athletes – companies, and non-profit foundations.
Trademark holders from all sectors – Thus, for the above reasons, the Panel biotechnology and pharmaceuticals, found that the Complainant had banking and finance, food and satisfied the third element of the beverages, fashion, Internet, etc. – Policy. Having satisfied all three of the take advantage of the Center‟s required elements, the Panel held that expedited dispute resolution FIFA was entitled to have, as procedures under the Uniform Domain requested, the Disputed Domain Name Name Dispute Resolution Policy (the transferred from the Respondent to UDRP). This article takes a closer look FIFA.12 at the sports sector which has repeatedly found its way to the Center.
One need only look at the recent UEFA OTHER FACETS (Union of European Football Associations) EURO 2008 football
championship to appreciate that sports The WIPO Arbitration and Mediation have evolved into a truly global Center had administered cases industry with multiple stakeholders. pertaining to the 2010 World Cup. A Both the global nature and the record 2,156 complaints against multiplicity of stakeholders in the
12 Eric Fisher, Cybersquatters Blitz Professional Leagues, available at https://www.questia.com/magazine/1G1- 59585377/cybersquatters-blitz-professional-leagues
P a g e | 17 sports industry are also reflected in administered cases pertaining to the sports-related domain name cases.13 2010 FIFA (Fédération Internationale de Football Association) World Cup
and the 2012 PGA (Professional POPULARITY INCREASES Golfers Association) Championship. CYBERSQUATTING Other cases involved the names of competitions such as the Premier
League, the Orange Bowl, the NCAA Sports-related domain name cases (National Collegiate Athletic touch upon a wide range of sports – Association) Final Four and the the more popular the sport, the more London Marathon. Among sports frequently it is the target of authorities, cases have been filed by cybersquatters. Basketball, American the National Football League (NFL), football, golf, football (soccer), National Association for Stock Car Formula One motor racing and hockey Auto Racing (NASCAR) and UEFA. are at the top of the target list. Major sporting events, such as the Super Bowl, the Volvo Ocean Race, the UEFA If many sports-related complaints are Champions League and the Olympic filed by event organizers, others are Games, are also popular targets, and filed by participating sports teams who their organizers have successfully seek to reclaim their name on the challenged domain name registrations Internet. The latter have included through WIPO.14 football clubs AFC Ajax (Amsterdam, Netherlands), Panathinaikos (Athens,
Greece), Juventus (Turin, Italy), Real Disputes over domain names often Madrid (Spain), Galatasaray (Istanbul, start long before the actual events. For Turkey) and Schalke 04 example, the Center has already (Gelsenkirchen, Germany), and also basketball‟s New York Knicks and
13 Scoring Domain Name Wins at WIPO, August American football‟s Carolina Panthers. 2008, WIPO, available at http://www.wipo.int/wipo_magazine/en/2008/04/ar ticle_0003.html 14 Ibid.
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With sports teams figuring event. Similarly, in 2004 when Madrid prominently among WIPO claimants, was one of five cities on the short list it should come as no surprise that for the International Olympic individual athletes also have found Committee‟s host city bidding process their way to the Center. Examples for the 2012 Olympic Games, the include Kareem Abdul-Jabbar, Lance organization responsible for promoting Armstrong15, and Wayne Rooney.16 Madrid‟s bid to host the event obtained The Center has further processed cases a transfer of several domain names, relating to venues, such as Madison such as
more timeless, such as with NASCAR The expedited and cost-efficient case or UEFA) or topical (e.g., the 2010 resolution service offered under the FIFA World Cup or those related to UDRP is a key benefit for all parties upcoming Olympic Games), the UDRP filing cases for alleged cybersquatting, option offers rights owners an as is evident from several sports- opportunity to reclaim their online related cases. For example, on the eve property in an efficient and effective of SuperBowl XLII, the NFL filed a manner without needing to go to court. case that included among other If one of the principal functions of domain names trademarks is to prevent consumer
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#2 WOMEN EURO’17: OVERVIEW
Image Courtesy:faw.cymru
HISTORY winning through. The final proved to
The continued rise of women's be a tight affair, both nations winning football, including an unprecedented their home legs 1-0 before Sweden surge in popularity in the 1990s, was triumphed 4-3 in a penalty shoot-out pre-empted by the creation of the in Luton on 27 May 1984. The duo met inaugural UEFA European again in the 1984-87 competition, this Competition for Representative time at the semi-final stage with Women's Teams in the early 1980s. Sweden again having the upper hand, The inaugural event was played in the progressing to a Nordic final period between 1982 and 1984, when showdown with Norway. The 16 teams competed for the right to Norwegians, mightily impressive in a contest a two-legged play-off final, 2-0 semi-final defeat of Italy, edged Sweden and England eventually
P a g e | 20 another close showpiece 2-1 in Oslo to Norway's big-game experience told in further boost the game in the country. the final as they beat the hosts 1-0 in
Entering the 1987-89 edition Norway Cesena. The 1993-95 final round was again looked the team to beat. again played in Germany and the home However, they were in danger of team made use of a sizeable support to elimination at the first hurdle before defeat Sweden 3-2 in Kaiserslautern. finishing second behind rapidly- Investment in women's football was improving Denmark by defeating paying dividends in Germany and the England 3-1 away in their final group nation duly won the following edition match. Denmark were then eliminated in Norway, beating Italy 2-0 in Oslo on by Sweden, who fell to Norway in the 12 July 1997. That final round was the last four. Meanwhile, West Germany first to involve eight teams, while being had powered into the final where they the last event to be staged every two underlined their growing status by years. It is now played every four years beating Norway 4-1 in Osnabrück in over a two-year period, as well as a July 1989. UEFA qualifying competition for the
The competition was then given FIFA Women's World Cup, staged European Championship status and every four years. the holders, now simply Germany Following their successes of 1995 and following unification in October 1990, 1997, Germany completed a hat-trick again savoured success in the 1989/91 of titles in 2001 by defeating old foes event, Norway reducing the losing Sweden 1-0 thanks to Claudia Müller's deficit to 3-1 in Aalborg, Denmark. golden goal in Ulm. And Germany Despite German dominance, the made it four wins in a row in 2005, women's game was blossoming all over winning all five of their matches as the continent, as the rise of Italy in the including a 3-1 victory over Norway in second UEFA European Women's the final. The finals were expanded to Championship proved. The Azzurre 12 teams for 2009 in Finland but the beat Germany in the last four to set-up result was the same; six German a final meeting with a Norwegian side victories culminating in a 6-2 defeat of smarting from successive final defeats. England. Sweden hosted the 2013
P a g e | 21 edition with record crowds, and finals, from when the competition is a although Germany's path was not straight knockout. smooth they still won again, beating Norway 1-0 thanks to two Nadine FIXTURES Angerer penalty saves. Group stage :
The path to the first 16-team UEFA Sunday, 16 July: Group A Women's EURO final tournament in Netherlands v Norway (Utrecht) 18:00 the Netherlands began with a preliminary round and takes in a Denmark v Belgium (Doetinchem) qualifying group stage and play-offs. In 20:45 the preliminary round, two groups of four teams were played as one-venue mini-tournaments between 4 and 9 Monday, 17 July: Group B April 2015. The group winners Italy v Russia (Rotterdam) 18:00 progressed to the qualifying group stage to join the 38 highest-ranked Germany v Sweden (Breda) 20:45 contenders in eight groups of five sides contested between 14 September 2015 and 20 September 2016. The eight Tuesday, 18 July: Group C group winners and the six best Austria v Switzerland (Deventer) 18:00 runners-up advance to the final tournament, while the other two France v Iceland (Tilburg) 20:45 runners-up went to a play-off from 17–
25 October 2016. Hosts, the Netherlands will join the 15 qualifiers Wednesday, 19 July: Group D in the final tournament in July/August Spain v Portugal (Doetinchem) 18:00 2017. There will be four groups of four teams, with the top two from each England v Scotland (Utrecht) 20:45 section proceeding to the quarter-
Thursday, 20 July: Group A
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Norway v Belgium (Breda) 18:00 Russia v Germany (Utrecht) 20:45
Netherlands v Denmark (Rotterdam) Sweden v Italy (Doetinchem) 20:45 20:45
Wednesday, 26 July: Group C Friday, 21 July: Group B Switzerland v France (Breda) 20:45 Sweden v Russia (Deventer) 18:00 Iceland v Austria (Rotterdam) 20:45 Germany v Italy (Tilburg) 20:45
Thursday, 27 July: Group D Saturday, 22 July: Group C Portugal v England (Tilburg) 20:45 Iceland v Switzerland (Doetinchem) Scotland v Spain (Deventer) 20:45 18:00
France v Austria (Utrecht) 20:45 Quarter-finals:
Saturday, 29 July Sunday, 23 July: Group D Winner A v Runner-up B (QF1, Scotland v Portugal (Rotterdam) 18:00 Doetinchem) tbc England v Spain (Breda) 20:45 Winner B v Runner-up A (QF2, Rotterdam) tbc
Monday, 24 July: Group A
Belgium v Netherlands (Tilburg) 20:45 Sunday, 30 July
Norway v Denmark (Deventer) 20:45 Winner C v Runner-up D (QF3, Tilburg) tbc
Winner D v Runner-up C (QF4, Tuesday, 25 July: Group B Deventer) tbc
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Semi-finals:
Thursday, 3 August
QF1 v QF4 (Enschede) tbc
QF2 v QF3 (Breda) tbc
Final: Sunday, 6 August (Enschede) 17:00
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#3 FOOTBALL CLUB WORLD CUP & NEW LAWS OF THE GAME
Image Courtesy:theifab.com The IFAB is the universal decision- created to draw up a uniform set of making body for the Laws of the Game Laws at a time when each country of association football. Its objectives applied different rules. Once are to safeguard, compile and amend established as the guardians of the the Laws as they apply within the Laws of the Game, The IFAB‟s role was scope of world football as organised by and remains to preserve, monitor, FIFA, which includes ensuring that the study and where appropriate improve Laws are uniformly applied worldwide the Laws. The game of football spread and monitored accordingly, and that rapidly and in 1904 seven nations met organised football is practised in Paris to form FIFA, Fédération consistently. The IFAB was formed Internationale de Football when two representatives from each of Associations, which joined The IFAB in the football associations of England, 1913. The IFAB has overseen many Scotland, Wales and Northern Ireland Law changes since the creation of the met on 2 June 1886. The brainchild of first set of official Laws in 1863. For the English FA, the new body was example, offside is probably the most
P a g e | 25 amended Law e.g. originally a player in along with the most comprehensive front of the ball was offside. The goal revision of the Laws of the Game in area first appeared in 1869, followed The IFAB‟s history. by corner kicks in 1872, and the first PARTICIPATING CLUBS IN FIFA penalty kick was awarded in 1891 - CLUB WORLD CUP until 1902 it could be taken from any point along a line 12 yards from the South Africa's Mamelodi goal. The 1912 decision to prohibit Sundowns beat Egypt's Zamalek goalkeepers from handling the ball 3-1 on aggregate in the CAF outside the penalty area led to an Champions League final to increase in the number of goals and qualify for the FIFA Club World from 1920 players could not be offside Cup Japan 2016. from throw-ins. History of The IFAB 9 Korea Republic‟s Jeonbuk Steadily, The IFAB changed the game Hyundai Motors defeated and the mind-set of those who played United Arab Emirates side Al and watched it. The change prohibiting Ain 3-2 on aggregate in the AFC goalkeepers from handling deliberate Champions League final and „back-passes‟, introduced after the will represent Asia at the FIFA 1990 FIFA World Cup Italy™, and the Club World Cup Japan 2016. 1998 ruling that red cards be awarded They are also joined by for serious tackles from behind are Japanese J1 League champions good examples of that shift in attitude. Kashima Antlers. In October 2010 The IFAB Real Madrid beat Atletico reconsidered the introduction of goal Madrid (1-1, 5-3 pens) in the line technology (GLT) and agreed to a UEFA Champions League final two-year period of comprehensive on Saturday, 28 May in Milan, testing. In July 2012 The IFAB made Italy, to secure a spot at the the historic decisions to approve GLT FIFA Club World Cup Japan and the use of Additional Assistant 2016. Referees. March 2016 was also an CONCACAF's spot at Japan historic AGM when a testing phase for 2016 will be occupied by Club Video Assistant Referees was approved America of Mexico, who won
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the region's Champions League • Logos/emblems of FAs, 4-1 on aggregate over Tigres. competitions etc... allowed on corner New Zealand's Auckland City flags (no advertising) FC defeated Team Wellington Law 02 – The Ball (3-0) in the 2016 OFC Champions League final on 23 None April to qualify for the FIFA Law 03 – The Players (new title) Club World Cup Japan 2016. Colombia's Atletico Nacional • A match may not start/continue if a defeated Ecuador's team has fewer than 7 players Independiente del Valle 2-1 on • Substitutes may take a restart but aggregate in the Copa must first step onto the field Libertadores final and will represent South America at the • Clarifies situation when a player is FIFA Club World Cup Japan sent off before/after kick-off 2016. • Direct FK (or penalty) if a
substitute/team official interferes with CHANGES IN LAWS OF play THE GAME Law 01 – The Field of Play • If something/someone (other than a player) touches a ball as it goes into • Artificial and natural surfaces may the goal the referee can award the goal not be combined on the field if the touch had no impact on the
• Competitions may determine field defenders size for their competitions (within • If a goal is scored with an extra Law) person on the field and referee has • All commercial advertising on the restarted play the goal stands and ground must be at least 1m (1yd) from match continues boundary lines Law 04 – The Players’ Equipment
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• Any tape or other material • Player injured by RC/YC foul can be on/covering socks must be same quickly assessed/ treated and stay on colour as the sock field
• Player losing footwear/shinguard • The equipment a referee can or may accidentally can play on until next be allowed to use stoppage • Diagrams of referee signals included • Undershorts must be colour of (from Guidelines section) shorts or hem; team must all wear Law 06 – The Other Match same colour Officials (new title) • Electronic communication with • More details about the duties of the substitutes is forbidden assistants, AARs, fourth official • Player can return during play after • Diagrams of assistant referee signals changing/correcting equipment, once included (from Guidelines section) equipment has been checked (by referee, fourth official or AR) and Law 07 – The Duration of the referee signals Match
Law 05 – The Referee • More reasons for additional time (e.g. medical drinks breaks) • Decision cannot be changed if play restarted or referee has left the field Law 08 – The Start and Restart of (HT+FT) Play
• If several offences occur at the same • All restarts included (previously only time the most serious is punished kick-off and dropped ball)
• Referee can send a player off from • Ball must clearly move to be in play pre-match pitch inspection onwards for all kicked restarts
• Referee can only use RC + YC after • Ball can be kicked in any direction at entering the field at start of the match kick-off (previously had to go forward)
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• Referee can not „manufacture‟ • Players‟ arms not considered when outcome of a dropped ball judging offside position (including goalkeeper) Law 09 – The Ball in and out of Play • Offside FK always taken where offence occurs (even in own half) • If a ball rebounds off a match official it is in play unless it has wholly passed • Defender off the field only „active‟ over a boundary line until defending team clear ball or play stops Law 10 – Determining the Outcome of a Match (new title) • As above for attacker returning; before that re-entry point is the offside Kicks from the penalty mark: position • Referee will toss a coin to choose the Law 12 – Fouls and Misconduct goal (unless weather, safety, etc.) • Foul with contact is a direct FK • Player temporarily off the field (e.g. injured) at final whistle can take part • Advantage for a RC – indirect FK if offender then gets involved in play • Both teams must have same number of players before and during the kicks • Change of wording for handball so that not every handball is a YC • Clear statement of when a kick is over • Some DOGSO offences in the penalty area are punished with a YC • Kicks not delayed if player leaves the field; if not back in time kick is • Attempted violent conduct is a RC, forfeited even if no contact
Law 11 – Offside • Striking on head/face when not challenging an opponent is a RC • Halfway line „neutral‟ for offside; (unless negligible) player must be in opponents‟ half
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• Offence against substitutes, team • An opponent in the penalty area officials, match officials etc. is now a when the goal kick is taken cannot play direct FK the ball first
• Foul off the field penalised with a Law 17 – The Corner Kick direct FK on boundary line (penalty in • If CK kicked into own goal it is a own penalty area) corner kick to opponents Law 13 – Free Kicks
• Difference between „stopping‟ a FK and „intercepting‟ the ball after FK taken
Law 14 –The Penalty Kick
• Indirect FK + YC if wrong player deliberately takes the penalty
• Indirect FK if ball kicked backwards
• If „illegal‟ feinting occurs it is always an indirect FK (and YC)
• Goalkeeper YC if infringes and PK is retaken
Law 15 – The Throw-in
• New wording makes it clear that ball must be thrown with both hands
Law 16 – The Goal Kick
• If GK kicked into own goal it is a corner kick to opponents
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#4 FIFA ANNOUNCES ARENAFOODS CATERING AS PUBLIC FOOD & BEVERAGE CONCESSIONAIRE FOR 2018 FIFA WORLD CUP RUSSIA AND FIFA CONFEDERATIONS CUP RUSSIA 2017
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FIFA announced today that the and the FIFA Confederations Cup Moscow-based company Arenafoods Russia 2017. Catering has been chosen as the Public Arenafoods was chosen following an Food and Beverage Concessionaire for international public tender process the 2018 FIFA World Cup Russia™ that included submissions from 15 food and beverage companies based in
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Russia. The project will be one of the Arenafoods to provide this service. The most complex food and beverage size and scale of the public food and operations in Russia and Eastern beverage programme for the 2018 Europe, including approximately 400 FIFA World Cup and the FIFA concessions or more than 2,200 points Confederations Cup 2017 is significant of sale at 12 venues, and will create and we are confident that ArenaFoods approximately 8,000 staff positions for will provide an interesting menu and the 2018 FIFA World Cup, and deliver a successful operation to approximately 86 concessions and up football fans from around the world.” to 3,000 staff at the FIFA “We are honoured to have been Confederations Cup next June/July. selected by FIFA to manage the food ArenafoodsCatering belongs to and beverage concessionaire Shokoladnitsa Group, which was programme for the 2018 FIFA World founded in 1994 and is one of the Cup Russia and FIFA Confederations largest food and beverage operators in Cup Russia 2017,” said Vlad Reutov, Russia, employing more than 30,000 CEO of Arenafoods. “We now look people and operating more than 920 forward to working in close food and beverage outlets. It currently collaboration with FIFA and the Local has exclusive catering rights at the Organising Committee to leverage our Spartak Stadium, one of the 2018 FIFA experience, scale and expertise to World Cup venues. bring an expertly crafted culinary experience for football fans attending “Providing football fans with a world- the matches.” class in-stadium experience is critical to FIFA and the Local Organising The FIFA Public Food and Beverage Committee,” said FIFA‟s Commercial Concessionaire Programme will be Chief Officer, Philippe Le Floc‟h. “A responsible for overseeing food and top-quality food and beverage beverage catering for general public programme is a vital component of the ticket holders for both tournaments. stadium experience and we are thrilled The tender process focused on to have such a reputable partner in ensuring that the chosen firm would
P a g e | 32 provide high-quality products of an events, close to 3 million tickets will be international and local flavour across available to the public for matches at all venues. The menu will cater for the 12 FIFA World Cup stadiums and international spectators but will also approximately 780,000 tickets for offer typical Russian food such matches at the four FIFA as kulebyaka (a traditional Russian Confederations Cup venues. The pie). programme will also provide Fans can apply for tickets for the FIFA temporary employment for thousands Confederations Cup of local Russian workers in the eleven on FIFA.com/tickets. Across both Host Cities. At the 2014 FIFA World Cup™ in Brazil, more than 9,000 temporary jobs were created for Brazilian workers at the public concession stands with over 3.1 million food and beverage transactions taking place at the stadiums over the course of the competition.
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#5 RECORD TICKET SALES FOR ICC WOMEN’S WORLD CUP 2017 FINAL: FIRST FOUR TEAMS CONFIRMED
Image Courtesy:amazonaws.com Ticket sales for next year‟s ICC sale and week-long ticket ballot which Women‟s World Cup Final have took place during October, the first already beaten previous attendance time this has taken place for the records, eight months ahead of the women‟s tournament. This already showpiece match at Lord‟s, reflecting surpasses the attendance figures for all the growing popularity of the women‟s previous ICC Women‟s World Cup game. So far over 5,500 people have Finals, including the 1993 Lord‟s Final, grabbed the opportunity to watch putting it on track for a record some of the world‟s best cricketers breaking tournament. battle it out at Lord‟s through the pre-
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ICC Chief Executive, David Richardson for under 16s. Fans can apply for up to said that the popularity of women‟s 10 tickets. cricket has been increasing at a fast Chair of the ICC Women‟s Committee, pace and the enthusiasm to buy tickets Clare Connor said that they are pleased for the ICC Women‟s World Cup 2017 with the initial response we have had is testimony to that. I‟m confident we from fans wanting to be part of the ICC will have a highly competitive Women‟s World Cup 2017 Final. With tournament as the best teams in the ticket sales already higher than world go head to head to win the attendances for previous Finals, this biggest prize in the sport. reflects the growth of the women‟s The remaining tickets for the ICC game and there is clearly a strong Women‟s World Cup 2017 Final, which appetite for watching the world‟s best will be played at Lord‟s on Sunday 23 players in action and we still have July, will go on general sale via several months to build on this. As www.icc-cricket.com/tickets on at tickets for the Semi-Finals go on sale 10am on 28 November. Ticket prices next week and group matches early start at £20 for adults, £10 for next year, she has no doubt that fans students (aged between 17 and 23- will get behind the teams and to help years-old) and £5 for under-16s. Any us make this a record breaking children that attend will be given a free tournament. bat and ball. Fans can apply for up to Australia won the ICC Women‟s six tickets. Tickets for the two Semi- Championship even before its last leg Finals, which will be played at The of matches against South Africa with County Ground, Bristol on Tuesday 18 an unassailable 30 points. Australia July and The County Ground, Derby eventually finished with 36 points and on Thursday 20 July, will also go on was followed by England (29), New sale for the first time via www.icc- Zealand (26) and West Indies (22) in cricket.com/tickets. Ticket prices start that order. at £15 for adults, £5 for students (aged between 17 and 23-years-old) and £2 The bottom four sides from the ICC Women‟s Championship– India, South
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Africa, Pakistan and Sri Lanka – will Monday 26 June and will be held need to qualify through the 10-team across county grounds in Bristol, ICC Women‟s World Cup Qualifier Derby, Leicester and Taunton. The 2017 in Sri Lanka‟s capital Colombo eight teams will take part in a single- from 7-21 February. The other teams league format, with each side playing in the Colombo tournament will be each other once, meaning each venue regional qualifiers Bangladesh, will host seven matches. The top four Ireland, Papua New Guinea, Thailand, teams in the league at the end of the 28 Scotland and Zimbabwe. matches will then progress to the Semi-Finals that will be played in Four teams from the Colombo event Bristol and Derby. The full match will advance to the ICC Women‟s schedule and ticket information will be World Cup 2017.Returning to England announced in March once qualification and Wales for the first time in over 20 has finished. years, the tournament starts on
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#6 FAF DU PLESSIS APPEALS AGAINST THE SANCTION; HEARING TO TAKE PLACE ON 19TH DECEMBER’16
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The ICC confirmed the hearing date for telephone. The ICC will publish the Faf du Plessis‟ appeal will be Monday result of the hearing through its usual 19 December. Michael Beloff QC has channels and will not be making any been appointed Judicial Commissioner further comment until that time. to hear the appeal. Legal counsel for BACKGROUND both parties will attend in Dubai, whilst Mr du Plessis will join via
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South Africa captain Faf du Plessis has Andy Pycroft of the Emirates Elite been charged for breaching Article Panel of ICC Match Referees held a 2.2.9 of the ICC Code of Conduct after preliminary hearing and heard the television footage appeared to show submissions of the parties as regards him applying an artificial substance to when the hearing in relation to the the ball during the fourth day‟s play in charge laid against South Africa the second Test in Hobart. The charge captain Faf du Plessis should take relates to changing the condition of place. Du Plessis has been charged for the ball in breach of Law 42.3 and has breaching Article 2.2.9 of the ICC Code been laid by the ICC Chief Executive of Conduct after television footage David Richardson who has exercised appeared to show him applying an his right to do so according to Article artificial substance to the ball during 3.1.3 of the Code. Du Plessis has the fourth day‟s play in the second Test pleaded not guilty to the charge and, as against Australia in Hobart. The such, the matter will now be heard by decision was based on the evidence Andy Pycroft of the Emirates Elite given from the umpires, who Panel of ICC Match Referees. Details of confirmed that had they seen the the hearing will be announced in due incident they would have taken action course. The alleged incident immediately, and from Mr happened on Tuesday morning when Stephenson, who confirmed the view TV footage appeared to show du of MCC that the television footage Plessis applying saliva and residue showed an artificial substance being from a mint or sweet, an artificial transferred to the ball. In summing up substance, to the ball in an attempt to his decision Mr Pycroft referred to his change its condition. All level 2 role as requiring him to make a breaches carry an imposition of a fine determination based on the ICC Code between 50 per cent to 100 per cent of of Conduct, the Laws of Cricket and, in the applicable match fee and/or up to particular, the preamble to the Laws of two suspension points, and three or Cricket and the role of the umpires as four demerit points. the sole judges of fair and unfair play.
ICC’S STATEMENT
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The ICC is disappointed that Faf du current practice of charging players Plessis has chosen not to accept the when the evidence shows an obvious findings of Match Referee Andy breach will continue. Pycroft and will instead exercise his right to appeal. A Judicial Commissioner will now be appointed to hear the appeal at the earliest opportunity. Mr du Plessis was found guilty of breaching Article 2.2.9 of the ICC Code of Conduct after television footage appeared to show him applying an artificial substance to the ball during the fourth day‟s play in the second Test against Australia in Hobart. The ICC will wait until the completion of the appeal before making full comment, but at this stage it is important to clarify the Laws of cricket. These state that a player should not use artificial substances to shine the ball. The ICC‟s understands that to include, but is not limited to, sunscreen, lip ice and residue from sweets.The ICC does not wish to prevent players from using these substances for legitimate purposes, however, any deliberate attempt to apply such substances to the ball, as was the case here, will not be acceptable. This will continue to be reported and the ICC confirms that unless the Laws are changed, the
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#7 VENUES APPROVED FOR TOKYO 2020 ADDITIONAL EVENTS AS HOST CITIES REPORT TO IOC EXECUTIVE BOARD
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The INTERNATIONAL OLYMPIC 2020 Organising Committee using the COMMITTEE (IOC)‟S EXECUTIVE new flexibility given by Olympic BOARD (EB) approved the venues for Agenda 2020 for host cities to propose the five sports - baseball/softball, events only for their edition of the karate, skateboarding, sport climbing Games. and surfing – that had events approved The IOC EB agreed to the following during the ioc session in Rio de venue proposals from the Tokyo 2020 Janeiro this year for the Tokyo 2020 organisers: programme only. These additional events were proposed by the Tokyo
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The baseball/softball This brings the total number of venues competitions will be held in the for the Tokyo 2020 Games to 39, Yokohama Stadium (Yokohama, including 8 new permanent venues, 22 Kanagawa Prefecture), which is existing sites and 9 temporary venues, one of Japan‟s best-loved most of which are located in two zones baseball venues. of the city -the Heritage Zone and the Karate will take place at the Tokyo Bay Zone. These two zones will Nippon Budokan (Chiyoda offer a unique look at Tokyo and Japan Ward, Tokyo), which is already to spectators attending the Olympic hosting judo in 2020 and, as Games Tokyo 2020. Japan‟s mecca for martial arts, In addition to updating the EB on is a legacy venue from the 1964 operational matters and the new Games. venues, the Tokyo delegation also Skateboarding and sport spoke about the success of their climbing will be hosted at the participation in the Olympic Games Aomi Urban Sports Venue, Rio 2016, with 300 staff taking part in which will be a dynamic and the observer programmes run by the innovative temporary facility IOC and IPC; Japan House with its situated in a spectacular 82,000 visitors; and an acclaimed location with Tokyo Bay as a handover segment. The homecoming backdrop. parade of Japan‟s 87 Rio medallists Finally, surfing competitions was also seen by a record 800,000 will be located on Tsurigasaki people on the streets of Tokyo, which Beach, which is situated at the underlined further the support of the southern end of the Kujukuri Japanese people for the Games. Beach in Chiba prefecture. The beach is a popular surfing The Rio 2016 Organising Committee destination and has hosted a made its first presentation to the IOC number of international and EB since the “Marvellous Games” came national surfing competitions. to a close this August. In particular, they spoke about the legacy of the Games with 200,000 passengers per
P a g e | 41 day now using Metro Line 4 and the snow and ice already this season in 450,000 being carried on the three the Republic of Korea. new BRT lines built using the Games Finally, Beijing 2022 gave an as a catalyst. In addition, according to impressive report on their progress, as reports published after the Games, Rio the Organising Committee takes shape 2016 also delivered an economic with 176 staff now in place - 50 of impact of USD 21.66 billion, created whom participated in the Rio 2016 1.79 million jobs and had an important Observer Programme. The Committee tourism impact with 1.2 million underlined the efforts being made to visitors during the Rio Olympic develop winter sports in China and Games, who spent USD 304.1 million. promote the Games. With 428 days to go until the Opening Ceremony of the Olympic Winter Games PyeongChang 2018, the President of the PyeongChang 2018 Organising Committee (POCOG), Hee- beom Lee, presented the status of Games preparations in the next Olympic host city. President Lee reported about the large number of activities taking place in PyeongChang this winter, including the World Press Briefing, the World Broadcaster Meeting, the Chef de Mission meeting, the One-Year-to-Go celebrations, the numerous visits by the National Olympic Committees (NOCs) and International Federations (IFs), and the 24 test events that will see some of the world‟s best winter athletes take to
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#8 BOXING FEDERATION OF INDIA (BFI) BECOMES A NATIONAL SPORTS FEDERATION (NSF) : RULES OF COMPLIANCE
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The Ministry of Youth Affairs and a) The Office bearers of the Federation Sports agreed to recognize Boxing shall invariably be appointed by Federation of India (BFI) as National election as per the Model Election Sports Federation (NSF) for the sport Guidelines issued by the Ministry. The of boxing in India with immediate various instructions issued by the effect. The recognition means granting Ministry, from time to time, including a major role to Boxing Federation of the age and tenure criteria, for holding India, for development of the Boxing the elective offices of the Federation sport in India. The recognition was shall be scrupulously followed. No granted subject to continued person shall be allowed to hold the observance of the following terms and offices of President, Secretary and conditions:- Treasurer (by whatever corresponding
P a g e | 43 designation they are known) for more holding National Championships, than the period prescribed in the players grievance system, Ministry's instructions. representation of athletes in the management of the federations, etc. b) The Federation shall give at least two months' advance notice to the f) The Federation shall have Union Government for any change in corresponding States/UT bodies its constitution. a copy of the existing affiliated to it in all the State/UTs Constitution and the proposed changes within two years from the date of this should invariably be sent along with recognition. the notice. g) The Federation should also abide by c) The Federation must maintain its the directions of the Union Govt. accounts as per the Mercantile System issued, if any, in the interest of of accounting. The Accounting year promotion of sports among physically should be from 1ST April to 31ST challenged sportspersons or its players March. The books of accounts shall or Public in general. always be open to inspection by h) The recognition can be reviewed by authorized representatives of the the Govt. in case Memorandum of Union Government. Association (MoA) of the Boxing d) The accounts of the Federation must Federation of India or its practices be audited by a practising Chartered come into conflict with the Govt. Accountant. Audited Statement of guidelines as amended from time to account should be sent to the Union time. Government within six months from i) The Ministry's guidelines for the date of expiry of the accounting selection procedure shall be followed year. by Boxing Federation of India. e) The Federation must scrupulously Tournaments shall be held by the abide by the guidelines of the Govt. Federation for Men & Women at all issued from time to time for the levels i.e. National, State, District level conduct of national Championships, for Senior, Junior and Sub-Junior drawing of advance calendar for categories.
P a g e | 44 j) The Federation shall scrupulously f) the concerned international follow the Ministry's guidelines on Federation cancels affiliation or RTIapplicability and suo-moto derecognizes or disaffiliates the disclosure of information on its Federation. website and appointment of a Public This grant of recognition is subject to Information Officer and an Appellate compliance of the same, as modified Authority. from time to time, by the federation at k) The Federation shall ensure strict all times including displaying compliance of the Government information on their website. guidelines to prevent unethical Assistance may be provided to the practices in sports such as age fraud, Federation subject to the availability of prevention of sexual harassment of funds, submission of the relevant women in sports, doping, issuanceof documents, fulfilment of the terms & identify cards to sportspersons etc. conditions/ guidelines etc., as may be prescribed from time to time. AlBA, The Boxing sport is placed in the 'High the international body for Boxing, has Priority' category. The recognition may informed the President, lOA that on be withdrawn if: 25/09/2016, the Indian Ad-hoc a) any of the terms and conditions of Committee held elections for the newly the recognition are violated; formed Boxing Federation of India. AlBA fully recognised the results of b) its own Constitution is violated; these elections which were witnessed c) directions issued by the Union Govt. by their appointed observer and Vice are not complied with as required; President and were in accordance with AlBA statutes and bye-laws. Therefore, d) in the opinion of the Union Govt., AlBA fully recognises Boxing the Federation is not functioning Federation of India as the only properly; National Sports Federation for e) the recognition has been obtained promotion of Boxing sport in India. by submitting false information or by With a view to facilitating misrepresentation of facts; participation of Indian athletes in
P a g e | 45 various international events including Olympics/Asian/Commonwealth Games, Boxing Federation of India has been granted recognition with the approval of the competent authority as National Sports Federation for promotion of Boxing sport in India in relaxation of the existing condition that the Federation/Association must have actively existed for more than 3 years on the date of application for recognition and should have had the recognition of lOA. The recognition is, however, subject to the condition that bye-laws of the Federation relating to age and tenure limits of the office bearers will be amended to bring the same in line with the National Sports Development Code of India-2011, by incorporating the following, at the earliest but in any case before completion of two terms by the present office bearers of the Federation: President can hold office for 3 terms or 12 years whichever is less and during the cooling off period Secretary and Treasurer should not hold any post in this body.
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#9 VARS & VIDEO REVIEW USED FOR PENALTY DECISION IN FIFA CLUB WORLD CUP JAPAN 2016 SEMI-FINAL
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Following a high number of requests with FIFA‟s Football Technology from the global football community Innovation Department drafted a and considering further technological detailed experiment protocol for live advances in the sports broadcast video assistance experiments and industry in recent years, The IFAB presented it at the Annual General agreed in 2014 to analyse how video Meeting on 5 March 2016. The IFAB assistance for match officials could agreed in principle that video potentially be used in football. Based experiments based on the drafted on discussions with its various bodies protocol would be the best way to as well as initial data collected since understand the pros and cons of video 2014, The IFAB, in close partnership assistance in full.
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The IFAB consulted with football The IFAB, FIFA and over a dozen associations and leagues, particularly interested competition organisers those that have made efforts to analyse (associations and leagues). The main the various steps and implications of purpose of these meetings has been to implementing video assistance inform the interested competition experiments in a competition, namely organisers about the requirements that the Dutch Football Association they will need to meet in order to take (KNVB) and the USA‟s Major League part in the experiments. At the Soccer (MLS). The results were beginning of June, competitions in presented and discussed by The IFAB Australia, Brazil, Germany, Portugal, and its bodies, including the Technical the Netherlands and the United States Advisory Panel (TAP) and the Football became the first to agree to the Advisory Panel (FAP), the Technical requirements drawn up by The IFAB Subcommittee and the Board of and FIFA to 2/3 participate in the Directors. The IFAB also looked at experiments. At the same time, it was various sports already using video announced that the FIFA Club World assistance, including rugby, American Cup Japan 2016 in December is set to football (in the NFL), and basketball serve as a dress rehearsal before The (in the NBA), to name a few. IFAB authorises “live” tests in 2017. The IFAB remains in close contact with The overall objective is to answer the a number of other associations and question of whether the leagues from all over the world that are implementation of video assistant eager to host the experiments. They referees (VARs) would improve the still have time and The IFAB expects to game. In addition, The IFAB wants to be able to officially confirm additional understand the impact on the game for participants in the coming months. all stakeholders including referees, The IFAB does not select competition players, coaches, officials, and fans. In organisers; instead, those that wish to which competitions will the conduct experiments will be allowed to experiments be conducted? A number do so, subject to the competition of information meetings and organiser‟s willingness and capacity to workshops have taken place involving run the experiments as per the
P a g e | 48 approved protocol as well as project match and will either review an management factors such as the incident on request (by the referee) to implied costs, available human help the referee make the best possible resources, required technological decision, or advise the referee infrastructure, risk assessment for the proactively of an incident that he/she competition and time schedules for may have missed. If there is a very implementation, which are still to be clear incident, the VAR can advise the finalised. referee directly, i.e. tell him/her which decision needs to be taken. If the VAR An offline experiment represents a dry is in doubt, the referee can review the run whereby VARs can familiarise replay him/herself, on the side of the themselves with the setup, assess video field. replays and practice making calls on match-changing incidents but without The protocol was drawn up by the communicating with the referee. This Technical Subcommittee (TSC) of The means there will be no impact on the IFAB together with FIFA‟s Football game, unlike during a “live” Technology Innovation Department, experiment when the match officials based on the first key findings of the do communicate with each other and Dutch Football Association (KNVB) the referee can take decisions based on during their offline experiments, which information provided by the VAR. have been conducted since 2013. Input for the protocol was also provided by The IFAB believes that the the various bodies of The IFAB, experiments should be kept as simple including the Football Advisory Panel, as possible. Therefore, it has been the Technical Advisory Panel, the TSC decided to carry out only one type of and the Board of Directors. In experiment. In order to ensure a addition, feedback from other leagues, scientific approach, The IFAB will test associations, and experts in football as different factors within the well as other sports was taken into experiment, with the aim of answering account. all questions related to the use and impact of VARs. A VAR will have Only match-changing decisions may be access to video replays during the reviewed: 1. Goal scored – Revision of
P a g e | 49 potential infringements of the Laws of The IFAB will supervise each the Game in the build-up to a goal, experiment closely with the support of including offside, foul, hand ball or any FIFA‟s Football Technology Innovation other relevant infringements or Department. This will include a offences 2. Penalty decision – Revision research study involving the of potential infringements of the Laws participating competition organisers, of the Game within or near the penalty technology providers and a selected area, resulting in a (potential) penalty independent institute or university to kick, or in case a penalty kick has been focus not only on the refereeing awarded incorrectly 3. Direct red-card outcomes but also the effect on the incident – Revision of potential game itself including the impressions infringements of the Laws of the Game of the various stakeholders. The IFAB‟s resulting in a (direct) red card 4. bodies will receive regular updates on Mistaken identity 3/3 Will the the experiments and will be able to competitions involved be ones that are provide feedback throughout this televised? Yes. The key requirement process. for the use of VARs is a television setup A detailed project plan is currently in the stadium. Feeds from multiple being established to cover all necessary broadcast cameras (giving different steps and timelines. Its angles) are required, and only those implementation will be gradual. feeds may be used for VARs. No Participating competition organisers additional cameras aside from the are being invited to workshops where existing ones that are part of the they will have an opportunity to adopt standard broadcast plan are required. VARs with the guidance and support of However, additional cameras could be The IFAB in order to understand all added for the VARs, provided that the procedures and experiment details. broadcasters have access to them and The first workshop was held in the the footage is also used/shown in case Netherlands in May 2016. The the VAR or referee uses these specific preparation phase will also include camera angles for his/her decision. referee and staff training sessions, the installation of systems, “offline” tests
P a g e | 50 to help with training in the use of the club champions Atletico Nacional in video replay systems and “live” Osaka, Japan. On the half-hour mark, experiments, which will take place in after receiving information about a friendly matches initially. missed incident from Video Assistant Referee Danny Makkelie, referee The experiments started in 2016 in two Viktor Kassai made the signal to phases : indicate that he would conduct an on- Phase 1: use of the VARs in season one field review of footage via the pitch- (“offline” experiments initially and side monitor. Prior to that, the then “live”experiments at a time assistant referee had correctly applied agreed by The IFAB and competition the „wait and see‟ technique with organisers, which is not expected regard to the offside position of the before 2017). Following a review of player who was fouled. The player was phase 1, The IFAB and FIFA will look deemed to not be offside, having been to further optimise the protocol for unable to challenge the opponent for phase 2 (if required based on the the ball, and the Hungarian referee findings from phase 1). The results subsequently pointed to the penalty from phase 1 and a potentially updated spot, having judged from the replay protocol are due to be presented at the that Daigo Nishi was tripped inside the 131st IFAB AGM in February/March penalty area by Atletico‟s Orlando 2017. Berrio. Shoma Doi successfully converted the penalty kick, with the Phase 2: use of the VARs in season host club going on to win 3-0. two. The results from phase 2 and a final report are due to be presented at Goals the 132nd IFAB AGM in The role of VARs is to assist the referee February/March 2018. to determine whether there was an Video replay technology has been used infringement that means a goal should in the awarding of a penalty for not be awarded. As the ball has crossed Japan‟s Kashima Antlers during their the line, play is interrupted so there is FIFA Club World Cup Japan 2016 no direct impact on the game. semi-final win over South American
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Penalty decisions
The role of the VAR is to ensure that no clearly wrong decisions are made in conjunction with the award or non- award of a penalty kick.
Red card incidents
The role of the VAR is to ensure that no clearly wrong decisions are made in conjunction with sending off or not sending off the player.
Mistaken Identity
The referee cautions or sends off the wrong player, or is unsure which player should be sanctioned. The VARs will inform the referee so that the correct player can be disciplined.
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#10 DRAFT RESOLUTION: COUNCIL OF EUROPE MOBILIZED IN SUPPORT OF CLEAN SPORT
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The World Anti-Doping Agency Gabriella Battaini-Dragoni, (WADA) President, Sir Craig Reedie, acknowledged the ongoing debate highighted the central role that concerning anti-doping. Ms. Battaini- governments play in promoting clean Dragoni referenced what must be done sport as he addressed the 14th Council in practice as it relates to anti-doping of Europe Conference (CoE) of in order to help restore the integrity of Ministers responsible for Sport in sport; including, how to ensure fully- Budapest, Hungary, on 29th of independent testing; and, how to November 2016. clarify and regulate sanctions.
Opening the meeting, which addressed Reiterating their support for anti- a range of topics related to sports doping and WADA as the international integrity, Deputy Secretary General,
P a g e | 53 regulatory body overseeing clean Recognising the need for the sport: governments to assess and, where necessary, revise their • Ministers adopted a resolution policies in order to ensure the during the conference aimed at effectiveness of actions aimed at addressing emerging challenges in the fighting doping in sport at fight against doping in sport at national level; national and international levels; and Recognising the important • the CoE signed a Memorandum of contribution of the Council of Understanding (MOU) with WADA Europe Anti-Doping aimed at strengthening the fight Convention to the against doping in Europe. WADA and international fight against the CoE have agreed on co-operation doping in Europe and beyond; in such areas as: monitoring and Praising the role of the Ad Hoc compliance; standard setting; and as it European Committee for the relates to national anti-doping World Anti-Doping Agency programmes. (CAHAMA) in fostering Role of the governments in addressing effective co-operation between emerging challenges in the fight European countries and against doping in sport at national and promoting their co-ordinated international level The Ministers position in the World Anti- responsible for Sport, meeting in Doping Agency (WADA) Budapest, Hungary, for the 14th statutory bodies and Council of Europe Conference on 29 recognising the importance of November 2016: sharing this experience beyond Europe; Acknowledging the Recognising considerable important role performed by the challenges that recently European representatives in the threatened the integrity of the WADA Executive Committee international anti-doping and Foundation Board; system;
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Re-asserting its support to Memorandum of WADA as the only international Understanding between the two regulatory body in the anti- organisations; doping field; Acknowledging the importance Welcoming considerable efforts of the guidance provided by the made by WADA to promote T-DO, through its compliance of the signatories recommendations, to the state with the 2015 World Anti- parties of the Anti-Doping Doping Code and encouraging Convention in amending their countries to support WADA‟s policy and practice with a view actions to ensure compliance to supporting the with the Code; Recognising the implementation of the 2015 crucial role of National Anti- World Anti-Doping Code and Doping Organisations (NADOs) encouraging countries to give in the implementation of the practical effect to these 2015 World Anti-Doping Code recommendations; and the need to ensure their Supporting the principles for independence in operational the improvement and decisions and activities; strengthening of the world anti- Recognising the necessity to doping system as agreed at the improve co-ordination between meeting of public authorities‟ public authorities worldwide representatives in the WADA and welcoming the initiative to Executive Committee and organise regular meetings of the Foundation Board held in public authorities‟ London on 17-18 November representatives in the WADA 2016; statutory bodies; Recognising that all anti-doping Welcoming increased co- organisations must comply with operation between the Council the rules of good governance of Europe and WADA and and the principle of particularly the signing of the proportionality, while
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respecting the fundamental representatives of other rights of the individuals continents, to continue to work subjected to the anti-doping towards strengthening the regulations, particularly when it world anti-doping system on the comes to data protection; basis of the core values of the Being aware that athletes must Council of Europe and the be protected from the forced or principles of good governance, encouraged doping schemes in particular through: and be subjected to a proper Promoting the independence of anti-doping education; the doping control, result Encourage member States of the management and disciplinary Council of Europe to assess and, procedures from the sports where necessary, revise their organisations; o Reinforcing the national anti-doping policy and role played by the public practice in such a way that authorities in the development would improve their and implementation of the effectiveness and help respond world anti-doping programme; to emerging challenges as well o Safeguarding the independent as to ensure that the role of WADA as the global anti- governments‟ actions doping regulator responsible for complement those of national standard-setting and and international anti-doping monitoring; organisations. Strengthening the governance Call for strengthening the ability of WADA with a view to of WADA to respond to current ensuring that it is operating in and emerging challenges in the full conformity with the anti-doping field. Ask the principles of good governance; European representatives in the Fully respecting the WADA Executive Committee independence of the NADOs in and the Foundation Board, in their operational decisions and co-operation with the activities;
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Supporting the efforts to outside Europe, for the strengthen WADA‟s capabilities, improvement of the global anti- including by implementing the doping system. newly adopted framework of Consider promoting further proportionate and graded autonomy of NADOs with a sanctions for Code view to expanding their scope of noncompliance, including the responsibilities and providing adoption of strong deterrent them with the resources needed sanctions for large scale to implement the Code. Ask the subversions of the anti-doping Monitoring Group to the Anti- system; Doping Convention (T-DO) to Supporting WADA in the explore the need and possibility implementation of the newly of reviewing the Council of adopted whistleblower Europe Anti-Doping program, ensuring greater Convention with a view to protection for them. Support considering making the Council of Europe in its recommendations to the efforts to facilitate the Committee of Ministers of the development and establishment Council of Europe regarding its of a permanently functioning possible revision. and dynamic mechanism of co- Encourage the Monitoring ordination and information Group to the Anti-Doping exchange between public Convention (T-DO) to continue authorities from all continents its standard-setting work in in WADA and on WADA-related order to offer practical guidance issues. to the state parties on Instruct the Ad hoc European addressing emerging anti- Committee to the World Anti- doping issues in compliance Doping Agency (CAHAMA) to with the Council of Europe Anti- continue providing active Doping Convention, including support to the efforts of the on the principles of public authorities inside and independence of NADOs.
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Call on member States to continue strengthening co- implement the operation with UNESCO, Recommendation on particularly in assisting to Information Sharing between promote compliance with the Public Agencies and Anti- UNESCO International Doping Organisations in the Convention against Doping in Fight against Doping, adopted Sport. by the T-DO in May 2016. Encourage governments to Endorse the institutionalisation continue providing their due of the co-operation between the share of their financial Council of Europe and WADA obligations to WADA and through the signing of the providing national anti-doping Memorandum of organisations with appropriate Understanding. Encourage the core funding to enable them to Monitoring Group to the Anti- fulfil their agreed tasks. Doping Convention (T-DO) to
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#11 WADA PUBLISHES 2015 TESTING FIGURES REPORT
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Report highlights in- and out-of- 2014 (13,553 from 283,304) to 6.98% competition testing data for first year in 2015 (21,176 of 303,369). under the 2015 World Anti-Doping • Significant rise in testing for the key Code prohibited substances of: Growth Key 2015 Report Highlights: Hormone (GH), Growth Hormone Releasing Factors (GHRFs) and • A 7.1% increase in the overall number Erythropoiesis Stimulating Agents of samples analyzed: 283,304 in 2014 (ESAs), as encouraged by the to 303,369 in 2015. Technical Document for Sport Specific • Relative increase in number of Analysis (TDSSA). Adverse Analytical Findings (AAFs) The World Anti-Doping Agency from overall samples analyzed: 1.11% (WADA) publishes its 2015 Testing (3,153 AAFs from 283,304) in 2014 to Figures Report (2015 Report), which 1.26% in 2015 (3,809 AAFs from summarizes the results of all 2015 303,369). samples analyzed by WADA-accredited • Relative increase in overall number laboratories, as reported in WADA‟s of blood samples analyzed: 4.78% in Anti-Doping Administration and Management System (ADAMS). This
P a g e | 59 includes in- and out-of-competition known as positive tests – from 1.11% urine, blood and Athlete Biological [of overall samples analyzed] in 2014 Passport (ABP) blood data, and the to 1.26% in 2015; and that there was a subsequent AAFs and Atypical relative increase in the number of Findings (ATFs) reported. The 2015 blood samples collected from 4.78% Report represents the first set of global [of overall samples analyzed] in 2014 testing data since the 2015 World Anti- (13,553 from 283,304) to 6.98% in Doping Code (Code) came into effect 2015 (21,176 of 303,369). on 1 January 2015. 2015 was the first year that ADOs were Alongside areas of activities such as required to incorporate the Technical education, investigations and Document for Sport Specific Analysis information sharing, testing is a (TDSSA) into their testing programs, critical tool in anti-doping which is intended to ensure that three organizations‟ (ADOs) commitment to particular groups of prohibited working towards fair competition and substances -- which are deemed to be clean sport, said WADA President, Sir at risk of abuse in certain Craig Reedie. This 2015 Report sports/disciplines -- are subject to an represents figures from the first year appropriate and consistent minimum under the enhanced Code that ADOs level of analysis by all ADOs. practice worldwide; and, interestingly, Interestingly, the 2015 Report the findings highlight an increase in illustrates that there was a significant the number of samples analyzed and increase in testing by ADOs in three an increase in the number of Adverse groups with: an 82% increase in Analytical Findings reported. Growth Hormone (GH) Isoforms testing compared with 2014; a 14.5% The 2015 Report highlights a 7.1% increase in Erythropoiesis Stimulating increase in the number of samples Agents (ESAs) testing in urine and an analyzed from 2014 to 2015 (283,304 84% increase in blood testing; and, a samples analyzed in 2014 to 303,369 91.7%1 increase in Growth Hormone in 2015). The findings also show that Releasing Factors (GHRFs) testing. there was a relative increase in Adverse When compared to 2014, there was an Analytical Findings (AAFs) - widely
P a g e | 60 increase in AAFs across two of the been approved by WADA to conduct three groups: three additional AAFs for blood analysis exclusively for the GH; and eight additional AAFs for purposes of the ABP blood module. GHRFs. In reading the 2015 Report, it is The 2015 Testing Figures Report important to note that: provides powerful data that will help • One single result does not necessarily anti-doping organizations, including correspond to one athlete. Results may WADA, gain a better understanding of correspond to multiple findings testing patterns and existing gaps, and regarding the same athlete or adapt their anti-doping strategies measurements performed on the same accordingly. The 2015 Report does not athlete; such as, in the case of illustrate statistics on Anti-Doping longitudinal studies of testosterone. Rule Violations (ADRVs), which are reported via a separate Anti-Doping • The number of AAFs in the Report Rule Violations (ADRV) Report -- the may not correspond with the number 2015 version of which will be released of ADRVs reported by ADOs. This is in 2017. The ADRV Report reveals because all results are subject to a analytical and non-analytical cases and results management process the outcomes of results management. conducted by ADOs, which includes matching results with Therapeutic Use
Exemptions (TUEs), longitudinal The 2015 Report includes data from studies, which can result in no case to 403 different Testing Authorities answer or no sanction. (TAs)2, a slight increase from the 385 The analysis of GHRFs reported in 2014 due to additional (GHRH/GHS/GHRP) was not stakeholders that were identified as compiled in the 2014 Testing Figures TAs. The figures include all analyses Report since it was not available for conducted in 2015 by the 35 WADA- Laboratories to record in ADAMS accredited laboratories and by the throughout 2014. In addition, not all three additional laboratories WADA-accredited laboratories had the („approved laboratories‟) that have capacity to analyze GHRFs in 2014. As
P a g e | 61 defined in WADA‟s International Standard for Laboratories, a TA is „The organization that has authorized a particular sample collection, whether (1) an Anti-Doping Organization (for example, the International Olympic Committee or other Major Event Organization, WADA, an International Federation, or a National Anti-Doping Organization); or (2) another organization conducting testing pursuant to the authority of and in accordance with the rules of the ADO (for example, a National Federation that is a member of an International Federation).
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#12 FIXTURES THIS MONTH
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December 2016
13-19: Equestrian - London International Horse Show, Olympia
15-2 Jan: Darts - PDC World Championship, London
16-20: Cricket - England's tour of India: 5th Test, Chennai, 04:00 GMT
26: Horse racing - King George VI Chase, Kempton
January 2017
2: Darts - PDC World Championship final, Alexandra Palace
6-9: Football - FA Cup third round
7-15: Darts - BDO World Professional Championships, Lakeside
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12-29: Bowls - World Indoor Championships, Hopton-on-Sea
14 Jan-5 Feb: Football - Africa Cup of Nations, Gabon
14: Boxing - James DeGale v Badou Jack, IBF and WBC super-middleweight world title fight, New York
15-22: Snooker - Masters, Alexandra Palace
15, 19 & 22: Cricket - India v England, ODIs
15: Basketball - BBL Cup finals, Birmingham
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#13 COURT OF ARBITRATION FOR SPORT
Image Courtesy:insidethegame.biz COURT OF ARBITRATION FOR SPORT (CAS) DISMISSES THE APPEAL OF JOSEPH S. BLATTER
The Court of Arbitration for Sport February 2016 remains in force and (CAS) has issued its decision in the Mr Blatter remains banned from arbitration procedure between Joseph taking part in any football-related S. Blatter and the Fédération activity at national and international Internationale de Football Association level for six years as from 8 October (FIFA). The appeal of Joseph S. Blatter 2015 and must pay a fine of CHF has been dismissed. As a consequence, 50,000. In March 2016, Mr Blatter the decision rendered by the FIFA filed an appeal at the CAS in which he Appeal Committee (FIFA AC) on 16 requested that the FIFA AC‟s decision
P a g e | 65 be reversed; that he be acquitted of all of CHF 2 million to Mr Platini in 2011 ethics charges and that his ban be for the balance of work carried out vacated. The arbitration procedure was under the alleged oral agreement, Mr conducted by a panel of CAS Blatter breached the FIFA Code of arbitrators, composed of Mr Manfred Ethics since the payment amounted to Nan, President (Netherlands), Mr an undue gift as it had no contractual Patrick Lafranchi (Switzerland) and basis. The Panel further found that Mr Mr Andrew de Lotbinière McDougall Blatter unlawfully awarded (Canada/France). The Panel heard the contributions to Mr Platini under the parties at a hearing which took place at FIFA Executive Committee retirement the CAS headquarters in Lausanne, scheme which also amounted to an Switzerland on 25 August 2016. The undue gift. Turning to the sanction, the Panel found that the written Panel noted that Mr Blatter requested employment contract established the annulment of the ban but did not between Mr Platini and FIFA in 1999 request a reduced penalty. In any voided any oral agreement concluded event, the Panel determined that the between Mr Blatter and Mr Platini in sanction imposed was not 1998 that the latter would be paid CHF disproportionate and therefore 1 million per year for his work at FIFA. confirmed the Appealed Decision in Accordingly, by approving a payment full. ELECTION OF A NEW PRESIDENT FOR THE ORDINARY ARBITRATION DIVISION OF THE COURT OF ARBITRATION FOR SPORT (CAS) AMENDMENTS TO THE CODE OF SPORTS-RELATED ARBITRATION
On the occasion of its 46th meeting, (France) as President of the CAS held in Sydney, Australia, the Ordinary Arbitration Division. Ms International Council of Arbitration for Malinvaud is a partner in an Sport (ICAS), the governing body of international law firm in Paris, France, the Court of Arbitration for Sport where she co-heads the international (CAS), elected Ms Carole Malinvaud arbitration practice, Chair of the
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International Chamber of Commerce arising from decisions taken by the French international arbitration internal bodies of sports organisations. commission (ICC France), former chair The position of President of the of the Comité Français de l'Arbitrage. Ordinary Arbitration Division was Ms Malinvaud is a specialist in previously held by Dr Nabil Elaraby international commercial law and (Egypt); a former Judge of the international arbitration. She holds International Court of Justice in The degrees from Paris II University and Hague, former Foreign Minister of Harvard law School, and is a member Egypt and former Secretary General of of both the Paris and New York bars. the League of Arab States. Dr Elaraby The CAS is composed of two divisions: requested to step down from the role the Ordinary Arbitration Division and but remains a member of the ICAS. the Appeals Arbitration Division. The Furthermore, the ICAS has amended Ordinary Division conducts arbitration some provisions of the Code of Sports- procedures arising from commercial related Arbitration, as well as the contracts linked to sport whereas the schedule of arbitration costs. Appeals Division handles disputes
THE COURT OF ARBITRATION FOR SPORT (CAS) ISSUES DECISIONS IN THE CASES OF TATYANA CHERNOVA, EKATERINA SHARMINA AND KRISTINA UGAROVA
The Court of Arbitration for Sport three athletes have been found to have (CAS) has issued decisions concerning committed an Anti-doping Rule the Russian track and field athletes Violation (ADRV) pursuant to Rule Tatyana Chernova, Ekaterina 32.2 of the International Athletics Sharmina and Kristina Ugarova. All Federation (IAAF) Competition Rules
P a g e | 67 after analysis of their Athlete annulled and the athlete will forfeit Biological Passports (ABP) showed any titles, awards, medals, points and evidence of blood doping. Tatyana prize and appearance money obtained Chernova is sanctioned with a period during this period. The collection of of ineligibility of three years and eight the blood samples for these athletes months, beginning on 5 February started many years ago (dating back to 2016. Ms Chernova‟s period of 2009 for Ms Chernova, to 2011-2012 suspension from 22 July 2013 until 21 for the others), but the analysis of the July 2015, previously imposed by the blood values and of the Biological Russian Anti-doping Agency Passports was conducted in 2015. In (RUSADA), is to be deducted from this February 2016, the IAAF, with the sanction. All results achieved by agreement of the athletes, referred the Tatyana Chernova between 15 August cases to the CAS in order for it to act as 2011 and 22 July 2013 are annulled a first instance decision-making and the athlete will forfeit any titles, authority, substituting for the All- awards, medals, points and prize and Russia Athletics Federation (ARAF), appearance money obtained during which was suspended at the time these this period. Ekaterina Sharmina is matters were ready to be adjudicated sanctioned with a period of ineligibility (and which remains suspended). of three years, beginning on 7 December 2015. All results achieved by Ekaterina Sharmina between 17 June 2011 and 5 August 2015 are annulled and the athlete will forfeit any titles, awards, medals, points and prize and appearance money obtained during this period. Kristina Ugarova is sanctioned with a period of ineligibility of two years, beginning on 7 September 2015. All results achieved by Kristina Ugarova between 26 June 2012 and 25 December 2012 are
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#14 CASE LAW ALERT
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Sibel Özkan Konak v. International Olympic Committee
PARTIES championships and prizes, both before and after the Beijing Olympiad of 2008 1. Sibel Özkan Konak (“the including an Olympic silver medal at Appellant”) is a professional that Olympiad. Until the event international weightlifting hereinafter described she had been athlete. tested on many occasions, including at 2. The International Olympic that Olympiad, always with negative Committee (“the Respondent”) is results. On 18 May 2016 she was the world governing body of informed by the Turkish National Olympic Sport. Olympic Committee that her urine sample tested at that Olympiad had The Appellant, born in 1988, has had a been reanalysed and now showed the successful career in weightlifting (-48 presence of Stanozolol metabolite, a kg event), winning many international
P a g e | 69 prohibited substance, both then and accordance with Article R51 of the now under the Word Anti-Doping Code. On 3 October 2016 the Code (“WADC”). The B Sample Respondent filed its answer in analysis carried out on 27 May 2016 accordance with Article R55 of the confirmed that positive result. Code. On 12 October 2016 the Sole Arbitrator invited the parties to answer In consequence of the above the certain questions arising from their Respondent set up a disciplinary respective pleadings by 19 October commission, to which the Appellant 2016. The parties duly replied on the made written representations. 8. On 21 latter date. On 27 October 2016 the July 2016 the IOC DC handed down its Sole Arbitrator invited the parties to decision finding the Appellant guilty of file any comments on those replies by an anti-doping rule violation (“ADRV”) 2 November 2016. The parties did not by use of Stanozolol, contrary to avail themselves of that opportunity, Article 2.1 and 2.2 of the Rules and the Sole Arbitrator, in particular applicable to the Games of the XXIX since he had given the Appellant every Olympiad, Beijing 2008, disqualifying chance to make good her case, deemed her results obtained at the Beijing himself in a position to resolve the Olympiad, and ordering her to return appeal without the need for an oral her silver medal, pins and diploma hearing. Both parties signed the Order obtained thereat. of Procedure for the present matter, PROCEEDINGS BEFORE THE expressly confirming that their right to COURT OF ARBITRATION FOR be heard has been respected in this SPORT (“CAS”) way.
On 11 August 2016 the Appellant filed SUBMISSIONS OF THE PARTIES her statement of appeal against the The Appellant‟s submissions, in Decision in accordance with Articles essence, may be summarized as R47 and R48 of the Code of Sports follows: - The Appellant had limited related Arbitration, 2016 edition (“the financial resources and relied on her Code”). On 29 August 2016 the experienced coach, Mr Talat Unlu, to Appellant filed her appeal brief in advise her on vitamin and medications
P a g e | 70 which she could take in compliance contaminated and faked with doping with the WADC. substances”.
- The Appellant always additionally -The low level of Stanozolol in the checked such vitamins and Sample - a concentration of 2.5.pg/mL medications against the WADC list and - could not have been of assistance in purchased them from a well-known increasing her sporting performance. laboratory. - The Appellant‟s ingestion of - The Appellant always informed the Stanozolol was involuntary, not Doping Control Officer on her Doping deliberate. - In all the circumstances Control Form (“DCF”) including at the she was not at fault or negligent at all, Beijing Olympiad of what she had or, if, contrary to her primary taken. contention, she was held to be so, her degree of fault was minimal; “any - The Appellant has sought, despite the sanction to be imposed must be passage of time and limited financial measured against the reality of the resources, to identify the source of the harm caused and the totality of the Stanolozol. circumstances of the case bearing in - The Appellant has concluded that mind the purpose of the anti-doping “the only way for the Stanolozol to rules”. have entered the Appellant‟s organism - The Appellant has already suffered was through the very likely loss and damage to her reputation, and contaminated source of the if she loses her silver medal, she will supplement, namely a Whey protein lose sponsorship and her career will be supplement she could have taken on a prematurely ended. regular basis before and during the Beijing games”. She relies for that - The Appellant also offers to provide purpose on a scientific paper (“the substantial assistance to the Paper”) in the Journal of Mass Respondent by disclosure of sensitive Spectrometry 2008 pp.892-902 information about the Turkish “Nutritional supplements cross- Weightlifting Federation in exchange
P a g e | 71 for a possible agreement with the consequence of the finding under Respondent to dispose of this case. Article 8.1 of the Rules. Without prejudice to the foregoing The Appellant sought the following relief that: - The appeal be admitted. - - The Appellant has provided no The decision is set aside. - The evidence of the contamination by Appellant be allowed to keep her silver Stanolozol of the whey protein medal awarded during the Beijing supplement said to be taken by her Olympiad as well as her results, pin during the Beijing Olympiad; the and diploma. Paper contains no evidence to that effect. - The Respondent reimburses any and all costs of the Appellant including - There are other supplements costs relating to the document recorded on the relevant DCF which package, testing etc. are likelier candidates for such contamination. - The IOC be ordered to pay the Appellant a contribution towards legal - In any event warnings against use of costs and fees in an amount to be unreliable supplements have been determined by the Sole Arbitrator. published for many years.
The Respondent‟s submissions, in - The Appellant‟s own evidence reveals essence, may be summarised as no due diligence, still less absence of follows: any fault.
- The analytical results of the - The use by the Appellant of “a Appellant‟s sample are not challenged classical doping substance for its by her. straightforward purpose does not appear to be the most unlikely - The admitted presence of Stanolozol hypothesis”. renders automatic a finding of an ADRV under Article.2.1 of the Rules. - The offer of substantial assistance was not a matter for the Respondent - The sanctions imposed by the IOC and sat oddly with the Appellant‟s DC are an equally automatic denial of the case against her.
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The Respondent sought the following Article R49 of the Code provides as relief that: follows: In the absence of a time limit set in the statutes or regulations of the - The appeal of the Appellant be federation, association or sports- dismissed. related body concerned, or of a - The Respondent is granted an award previous agreement, the time limit for for costs. appeal shall be twenty-one days from the receipt of the decision appealed JURISDICTION against. After having consulted the Article R47 of the Code provides as parties, the Division President may follows: An appeal against the decision refuse to entertain an appeal if it is of a federation, association or sports- manifestly late. As appears from III related body may be filed with the CAS above, the appeal was filed within insofar as the statutes or regulations of twenty-one days of the Decision. It is the said body so provide or as the therefore admissible. Admissibility is parties have concluded a specific not disputed by the Respondent. arbitration agreement and insofar as APPLICABLE LAW the Appellant has exhausted the legal remedies available to him prior to the Article R58 of the Code provides as appeal, in accordance with the statutes follows: The Panel shall decide the or regulations of the said sports- dispute according to the applicable related body. regulations and the rules of law chosen by the parties or, in the absence of Article 12.2 of the Rules and Article 61 such a choice, according to the law of of the Olympic Charter confer the country in which the federation, jurisdiction on CAS. The jurisdiction of association or sports-related body the CAS is not disputed by the which has issued the challenged Respondent and is confirmed by the decision is domiciled or according to parties‟ signature of the Order of the rules of law, the application of procedure. which the Panel deems appropriate. In ADMISSIBILITY the latter case, the Panel shall give reasons for its decision. The applicable
P a g e | 73 rules are the Rules. Subsidiarily Swiss samples with the benefit of advanced law applies as Switzerland is the techniques, reflected in this case, is a domicile of the Respondent. valuable weapon in the battle against doping in sport and should further MERITS deter athletes from deliberate cheating In the light of the arguments raised by and further encourage them to take the parties and in view of the care not inadvertently to ingest applicable rules, the present case is prohibited substances. straightforward. Article 2.1 of the
Rules makes the presence of a metabolite of a prohibited substance in COSTS the Athlete‟s system an ADRV. Article R65 of the Code applies to this Stanozolol is such a substance. Article appeal against the IOC DC‟s decision. 8 of the Rules makes disqualification 31. In accordance with Article R65.2 of and forfeiture of medals, points and the Code, these proceedings shall be prizes an automatic sanction for such free. The fees and costs of the Sole an ADRV. The appeal must therefore Arbitrator, together with the costs of be dismissed. CAS are borne by CAS. Issues of how and why the Stanozolol Furthermore, pursuant to Article was in the Appellant‟s system or the R65.3 of the Code, in determining existence or degree of fault, if any, on whether to exercise his discretion to the part of the Appellant for its grant the prevailing party, here the presence, are therefore irrelevant to Respondent, a contribution towards its the outcome of the appeal. The Sole costs and expenses, the Sole Arbitrator Arbitrator sees no need to address must take into account not only the them or to resolve the competing outcome of the proceedings, but their arguments of the parties on such issues complexity as well as the conduct and nor, in his view, would any useful financial resources of the parties. The purpose be served by his so doing. proceedings were not complex; the The Sole Arbitrator would, however, Appellant did not misconduct herself comment that the ability to reanalyse in her presentation of the appeal, vain
P a g e | 74 though it was; and the disparity between her resources, not least in the aftermath of the Sole Arbitrator‟s decision, and that of the Respondent is vast. The Sole Arbitrator therefore declines to order her to pay any part of the Respondent‟s costs and expenses.
The Court of Arbitration for Sport ruled that:
1. The appeal filed by Ms Sibel Özkan Konak on 11 August 2016 against the decision rendered on 21 July 2016 the IOC Disciplinary Commission is dismissed.
2. The award is pronounced without costs, except for the Court Office fee of CHF 1‟000 (one thousand Swiss Francs) paid by Ms Sibel Özkan Konak, which is retained by the CAS.
3. Each party shall bear her/its own costs and other expenses incurred in connection with this arbitration.
4. All other motions or prayers for relief are dismissed.