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“Persistence can change failure into extraordinary achievement.”

– Marv Levy

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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.

Authors Ashish Gupta is a 4th Year Law Student, CPJCHS-SOL New Delhi Affiliated to GGSIPU, Delhi, academically interested in writing research papers & articles. His papers on different aspects of law published in various National and International reputed Journals and one piece of Blog titled "Eunuchs Identity in Indian society" published on Law Vedic Blog Website.

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Sarthak Bhattamishra is a 4th year law student from Hidaytullah National Law University, Raipur. He prefers rum over whiskey.

Archit Sahu is a Programmer Analyst at Cognizant India by profession.Member of FMSCI & IMMC governing body related to Indian Motorsport. He is a Sports enthusiast, ex-secretary at Galgotias Youth parliament and ex-president Rotaract Club Galgotias University and a budding entrepreneur.

Sourav Kumar is currently a student of 2nd year B.B.A LLB (Hons.) : An integrated five years graduation degree in law from Chanakya National Law University, Patna (Bihar).

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].

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# 1 SPORTS VENUES AS A PLATFORM FOR TERRORISM: SOME PROTECTIVE MEASURES SOURAV KUMAR

Image Courtesy: media.central.ie

Sports have been an integral many countries like Germany and U.K, component of human beings since time sports provide employment to about immemorial. Activities that need 1,146,234 and 632,400 people. With physical efforts or skills done for the proliferation of various forms of pleasure, following fixed rules are media, it has become one of the largest usually regarded under sports. It’s like profitable industries in the planet. It is defamation for sports if we define it as sure that it will grow with a faster pace a mere personal entertainment in the future. But if we examine because it is now turned into a global critically, it is evident that the industry incorporating considerable preachers of amusement and contribution to the world trade.1 In brotherhood i.e. Sports have also been facing the deadly hurdles through the

1 threats like Terrorism. http://ec.europa.eu/sport/library/studies/stu dy-contribution-spors-economic-growth-final- rpt.pdf (accessed on August 1,2016) .

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Terrorism is the unofficial and opposing the Swedish bid for 2004 intentional use of violence and Olympic Games at Stockholm which intimidation to achieve the political sternly damaged the Olympic Stadium. and social aims. The goals are to inflict A Uganda bomb blast that killed 74 the utmost amount of humiliation and people and injured about 70 lives on to create a sense of fear among July 11, 2010 was occurred during the peoples. The highly crowded areas are screening of Football match in always targeted and therefore, Sports Kampala. After then, the unpleasant venues’ being one of them attracts the incident in which an Oklahoma terrorists to get a bigger platform to student impulsively detonated a bomb gain recognition. The most strapped to his body outside a football unforgettable and insane terrorists stadium packed with 84,000 in attack was killing of 11 Israeli Olympic October 20053 and the threat of a dirty team members at the 1972 Summer bomb attack on several NFL stadiums Olympics as the terrorists, belonging to in October 20064, emphasizes the fact the Palestinian group ‘Black that sports venues are an eye-catching September’ were demanding for the target for potentially catastrophic release of the 200 Palestinian consequences. The recent one is the prisoners held by Israel. This was the attack on the Sri-Lankan cricket team first time when world sports had by terrorists in Lahore while they were become a victim of terrorism. This about to appear at the stadium. The attack awakened the organizers and umpires and Sri-Lankan coach were after then, the sports had been also attacked in the mini-bus resulting conducted in presence of high into the grievous injury to the local securities but this was the beginning as umpire and death of the driver. Other once again on July 27, 1996 explosion serious attacks includes bomb of bomb at Atlanta Games Olympic explosion just before an IPL game in parks resulted into killing of two Bangalore in 2010 that injured eight peoples and injuries to 120 peoples.2 peoples , the bomb explosion in Then again, in 1997, a bomb was Afghanistan killing 16 spectators etc. exploded by the terrorist group

2 3 Stacy Hall, Lou Marciani, Walter E. Cooper & http://content.time.com/time/specials/packa Robert Rolen, ‘Introducing a Risk Assessment ges/article/0,28804,1882967_1882966_1882 Model for Sports Venues’. 952,00.html (accessed on August 1, 2016) . 4 Ibid.

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Every attack has brought some reforms consequences of attacks always and alterations in the planning of the overreach the investment costs in Organizers as there has been an organising any sports event. Any attack increase in the security during matches causes a huge destruction to man, and sporting tournaments. Nowadays, matter and material. It also negatively almost all the sporting venues are affects the future attendance of the equipped with heavy security by the spectators and their excitement and Police, CISF, CIA, SWAT Tact team subsequently decreases the ticket sales, forces etc. The security is also made by tourism, demand for dining and air and restrictions are being imposed recreation services. Moreover, the to the airways near 50 miles of the affected site faces the problems of sporting venues. Not only this but also, recreation and rescheduling of the sharpshooters are sometimes, placed entire sports programs. In case of any on top of terraces and mountains in big event, it ultimately halts the billion order to protect the specific gaming dollar profits of the organizing sites. country. The targeted sites also lose its recognition and preference in the eyes SOME PROTECTIVE of the audiences. Therefore, it is a dire MEASURES:- need of the hosting committee to take As every sport venue experiences a security measures that include huge crowd, it is the responsibility of resources and procedures framed to organizers and government to ensure defend the events against their safety. Terrorists are ambitious to intimidations and to mitigate the gain recognition and spread their consequences of an attack. The terror among the peoples, in order to framework of the securities for any big exert a pressure for accomplishment of event is made in accordance and with their goals. Time and again threats the aid & advice of the Department of have been given by the terrorists to the Homeland Security. Besides this a no. organisers of sports events like the of associations like NFL (National threat to explode the football stadiums Futures Association), NBA (National by ‘Al-Qaeda’s Manual of Afghan Basketball Association), NCAA Jihad’ in 2002, biological attacks on a (National Collegiate Athletic sports arena in United States in 2005 Association), ICC (International etc. It is very evident that the Cricket Council), FIFA, Olympics,

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Asian games etc. have also designed well as the potential lethality of an their individual security measures to attack. For example intelligence combat terrorist attack. Sports specific communities in US like the CIA security measures adopted by (Central Intelligence Agency), the Department of Homeland Security Defence Intelligence Agency and the include: (1) conducting security state department’s Bureau of assessments, (2) increasing perimeter Intelligence and Research supervise security, (3) enhancing detection the foreign origin terrorist threat to the monitoring capabilities, (4) United States. establishing access control, and (5) Vulnerable assessment is a process reinforcing employee procedures to that aims to recognize the weaknesses ensure knowledge of emergency and limitations that may be exploited protocol.5 by terrorists and try to eliminate those In order to combat the terrorist weaknesses. This assessment is able to attacks, risk management tool is used. reveal the flaws in the security Risk management is a systematic and systems. These types of assessments analytical course to consider the are performed by the team of experts possibility that a threat will jeopardize in fields such as engineering, security, an asset, individual or the whole information system etc. For example, functions. Its main aim is to at many military bases, it has been implement actions to diminish the loss found that the short distance of and alleviate its hazardous outcomes. parking lots from the building leads to There should be the presence of three the huge destruction, therefore, to basic elements; (1) Threat assessment, mitigate this threat, engineers are (2) Vulnerability assessment, (3) advised to increase the distance Criticality assessment as far as a good between the parking lot and building. risk management is concerned. Threat Criticality assessments are done to assessment has its significance in provide a basis for prioritizing which assisting organizations to plan the assets, structures or framework need security program. It aims to categorize the special protection from an attack. and estimate threats based on various For example, large sports stadiums aspects like ability and intentions as when in use by large crowd may represent an important target for 5 http://www.thesmartjournal.com/venues.pdf (accessed on August 2, 2016).

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Page | 9 causing the maximum impact on terrorists and to mitigate the heavy innocents and VIP’s. damage of life and property. The whole world cannot forget ever the 9/11 The Department of Homeland Security disaster and various catastrophic has identified three types of risks; (1) attacks, that resulted into the flow of Mission or function risks – avert an blood and tears at a mass level. Sports, organization from accomplishing a being the counsel of brotherhood mission (2) Asset risks - harm to should be kept safe and secure from organization’s physical assets (3) these types of disturbances. Thus all Security risks – able to cripple actual the sports organizations must move in data and people.6 The ideal follower of a competently and cautious manner by the risk management can easily fulfilling their legal responsibility to identify the vulnerabilities and thus protect the players, spectators and provide protections to physical officials. Also the Sports organisations systems. and associations should never become CONCLUSION:- complacent and content with their current security systems. They should The sports event has witnessed the be very well prepared for any possible development in its security through threat and consequential damages. The the Sport Event Security Assessment organizers must be familiar to sports Model when the Department of venue vulnerabilities and possible Homeland Security in collaboration security measures improvements for with the Mississippi Emergency successful conduct of sporting events. Management agency, dispensed the However, there will always be the research grant of $568,000 to the fundamental question whether or not University of Southern Mississippi in the reasonable measures taken to order to create a research-based model avoid an incident with respect to the for the security management of availability of security measures, the university sport venues. The recent industry ‘standards’ for security, and developments are the path for the potential threat of terrorism7. discarding the possibility of the manmade disasters inflicted by the

6The Vulnerable Assessment Report, 2003, p.11 available at https://www.ncjrs.gov/pdffiles1/206046.pdf (accessed on August 3, 2016). 7 Supra note 5.

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#2 MALLAKHAMB – MYSTERIOUS AUTHENTIC INDIAN SPORT ASHISH GUPTA

Image Courtesy:reuters.com sport requires the dexterity, suppleness of Mallakhamb is known as “The mother body, speed of reflexes, coordination of sport of ancient India”. Mallakhamb is the most exploratory old specialty of making various muscles, quality, adaptability for the body swift, supple, agile and healthy. the entertainers to execute turn, contort, Mallakhamb is no special case for this extend, and adjust practices on the pole of Indian Traditional culture. At present, fifth Mallakhamb amid training and era of Mallakhamb is conveying forward competition. Mallakhamb is a pure Indian and bringing about developing ubiquity in game. It enhances the focus, helps India as well as all through the world. This improving invulnerability control, builds

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Page | 11 the aggressive soul, and to battle the push British occupant of Pune. He was levels in a sorted out and better ways. additionally the mentor of Mallakhamb to ORIGIN SOURCE OF kings of Vadodara and Sir Jummadada of MALLAKHAMB IN INDIA Indian Military. The origin of Mallakhamb can be followed During the First National Gymnastics to the twelfth century, where it is specified Championships was held at the Paharganj in Manas-Olhas - an exemplary by Railways Stadium now Karnail Singh Chalukya in 1135 A.D. In seventeenth Stadium, Delhi, in the year 1958. century Shri. Balambhatta Dada Deodhar Gymnastics Federation of India proposed introduced this game to others. There are to recognize and include game of numerous sorts of Mallakhamb as Pole, Mallakhamb in subsequent National Rope, Hanging, Niradhar (without Gymnastics Championships. In 1962, support), on cane, on floating platform, Gymnastics Federation of India organized Mallakhamb with weapons and so forth. In the official First National Championships any case, at competitive level only pole, of Mallakhamb at Gwalior, Madhya rope and hanging Mallakhamb are being Pradesh as a part of National Gymnastics performed by Mallakhamb players. The Championships. However, in the year boys are performing on pole, rope and 1968 – 1969, the game of Mallakhamb hanging Mallakhamb and girls on rope was included and introduced in the All Mallakhamb. For seven centuries, the art India Inter-university Gymnastic lay dormant, till it was revived by Championship. The National Balambhatta Dada Deodhar, the sports and Championships of Mallakhamb were fitness instructor to Peshwa Bajirao II, organized until 1976. After dissociation of who ruled amid the during the first half of Mallakhamb from Games Federation of the nineteenth century Deodhar was India, recognized National Championships wrestler from the Peshwa court in Pune. of Mallakhamb were not organized from He developed Mallakhamb as a 1977 to 1980. preparation help for wrestlers throughout Mr. Rajesh and Rakesh Shrivastava, Dr. the years and involved in gymnastics. Bamshankar Joshi and some other lovers DEVELOPMENT OF of Mallakhamb at Ujjain (Madhya MALLAKHAMB Pradesh) instituted an All India Level Mr. Takejamal was the first performer to Association on 21/11/1980, which was exhibit the specialty art of Mallakhamb to later called Mallakhamb Federation of the foreigner Sir. Elphniston. He was the India. First All India Invitational National

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Mallakhamb Championships were held at Government of India under [Pursuant to Ujjain from 27 to 29 January, 1981. sub-section (2) of section 7 of the During this Mallakhamb championship, Companies Act, 2013 and rule 8 of the they instituted the “Mallakhamb Companies (Incorporation) Rules, 2014] in Federation of India” on January 29, 1981. 3/11/2014 and its head quarter situated in From that point forward, various state Pune, Maharashtra, India. associations of Mallakhamb affiliated to Mallakhamb Confederation of World, Mallakhamb Federation of India are Asian Mallakhamb Federation, and South organizing the national Mallakhamb Asian Mallakhamb Federation, were championships in different age groups of founded by Dr. Jaydeepsinh Jadhav as Boys, Girls, Men and women. president, Uday Deshpande as secretary INTERNATIONAL PLATFORM general, Vinayak Rajmachikar as technical Mallakhamb increased wide reputation committee chairman, Dr. Ashish Mehta as publicity and extensive popularity among treasurer and Geetanjali Shitole as the youth of India. This sport is gradually member. acknowledged in the USA, Germany, and MALLAKHAMB FOR SPORTS Japan as well. In the United States, every Training on Mallakhamb helps to develop year players perform demonstrations and speed, reflexes, concentration and conduct summer camps to promote this coordination in the players of Wrestling, great sport. International Mallakhamb Judo, Gymnastics, Athletics, Horse Riding Championships are being conducted for and Tennis and so on. Most of the last five years in different countries viz. wrestlers use the shoulder vault on Argentina, Brazil, Portugal, Spain and Mallakhamb as a shadow practice in the Italy and recently, the International game. Training on Mallakhamb will Mallakhamb Federation has also been strengthen a gymnast’s shoulder girdle for formed. In 1936, a troupe of 35 acrobats Roman Ring furthermore helps to develop from a small town in Central India traveled the flexibility, grace, quickness and to the Berlin Olympic Games to rhythm of a successful gymnast. demonstrate the ancient sport of Mallakhamb builds the endurance, strength Mallakhamb. and stamina of the athlete needed for Asian Mallakhamb Federation was athletic events. constituted on 1 January 2011 and its head MALLAKMAMB FOR HEALTH quarter situated in Pune Maharashtra, Mallakhamb turns out to be of gigantic India. The federation was incorporated by value of diseases or disorders like

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Page | 13 insomnia, anemia, chronic pains in the The Mallakhamb pole is immovably firmly body, abdominal problems, kidney fixed into the playground. Castor oil is troubles, headache, migraine, chest pain, applied to it, with a specific end goal to respiratory or lung troubles, rheumatism decrease contact and avoid grating wounds and other types of irregularities of hygienic to the body of the player. The player disturbances. Mallakhamb is a systematic mounts over the tower, performing and scientific mode of physical exercise. numerous poses and postures, which cover The controlled and cadenced breathing and different awkward twists, turns, hooks, smooth balanced movements help to grips, catches and hanging positions. Other develop the mental and physical resources than these, various asana postures and of our body. The arm holds and the upper aerobatic feats are additionally performed. handgrips help to develop powerful wrists, Mallakhamb player perform Ninety second strong forearms and muscular biceps and routines packed with intricate skill triceps. The clinging grips of the fingers, combinations as a panel of three judges palms and toes render the nerves and assesses each competitor’s speed, grace, muscles strong and powerful. The and difficulty on one of the sport’s three acrobatic nature of the feats improves the apparatuses: pole Mallakhamb, hanging sense of judgment and the hectic swings, Mallakhamb, or rope Mallakhamb. jumps or somersaults promote toughness Mallakhamb Federation of India organizes and fearlessness. By the hanging and the national competitions every year. swinging actions, neuromuscular co- TYPES OF COMPETITIVE ordination is enhanced. The light jerks and MALLAKHAMB jumps gradually tone the lungs and 1. Pole Mallakhamb - A vertical wooden pole enhance the proficiency of the respiratory is fixed in the ground. The wood used is organs. The forward and backward bends usually teakwood or sheeshum, preferred amid the display help to accomplish the because of its twin characteristics of healthy functioning of the kidney, liver toughness and smoothness. The pole pancreas and urinary systems. The stands 225 cm above ground level. It has a balancing exercises like lifting and resting circumference of 55 cm at its lower end, the body at different angles tone the 45 cm in the center, and 30 cm at the upper ligaments of the spine, vertebral column, end. The height of the neck is 20 cm, and knees, elbows, ankles, neck and shoulders. its circumference is 15 cm, and radius of CODE OF MALLAKHAMB the upper knobe is 13 cm. The pole Mallakhamb form involves grappling

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movements executed on a smooth oiled time limits. This requires the athlete to teak pole which is fixed to the ground. The complete as many separate postures or pole is tapered from roughly the size of a skills as possible in a two minute period. wrestler’s thigh at the bottom to the size of 3. Rope Mallakhamb - A cotton rope which a forearm at the top, with a narrower high is two point five centimeter thick, replaces neck above that. At the very top of the the wooden pole. The performers are relied neck is a rounded knob the size of a upon to strike different yogic poses, clenched fist and the shape of the without knotting the rope in any way. apparatus is in fact very phallic. The pole Rope Mallakhamb is the form practiced by itself is very heavy and weighted with a females but which is also practiced by few heavy metal base with outriggers for men and young men. The Mallakhamb stability. It is sufficiently steady to support rope is typically viewed as the god group pyramid formations. The oiling of Hanuman’s tail. The rope sequences the wood gives the pole a smooth surface feature the extreme use of flexibility, which decreases changing on the body and daring falls and catches. An extraordinary permits the body to pursue smoothly toe grip is employed which issued for around the apparatus. climbing and holding the rope. This is 2. Hanging Mallakhamb - A littler version of because the sole of the foot is forbidden to the fixed Mallakhamb, it is suspended with touch the rope at any time as this would be the aid of hooks and chains. The swinging considered disrespectful to Hanuman. and revolving motion of this type of Toward the end of the apparatus or “tail” Mallakhamb renders the exercises quite the inner core of the rope is exposed and difficult and exacting. The hanging plaited to actually resemble a monkey’s Mallakhamb is generally only practiced as tail and this is a symbolic visual reference an advanced variation as it is exceptionally to Hanuman. troublesome due to the effect of the pole TYPES OF RECREATIONAL continually swinging away from the MALLAKHAMB bodyweight of the practitioner. This form, 1. Revolving Bottle Mallakhamb - This is a as a variation of the pole form, is again recent advancement, innovation and only practiced by men. As a sport, the comprises of 32 glass bottles placed on a choreography of Indian Mallakhamb wooden stage, with the Mallakhamb schedules needs to fit in with competition balanced on top. In no time, it is used for rules. Competition sequences follow a demonstration purpose only. Western gymnastic model of set skills and

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2. Grease Mallakhamb - On the event of Krishna Janmashtami, A Hindu festival, it is used for the entertainment purpose in some states of India. An ointment, called Grease is applied on the Iron Pole and prepare for climbing a person on it. A pot made up of soil loaded with few fruits, rupees, coins and so on is hanged at the highest point of Iron pole. Individual can climb in any fashion at the top of the pole and win prize from the coordinator. CONCLUSION – THE WAY FORWARD The contemporary Indian physical practice of Mallakhamb is a special epitome of a perplexing and hybrid history which sees the influences of North Indian wrestling, yoga and British colonial gymnastics combine to evolve into a physical form which has emerged as both a national sport and a rising arts practice which is presently educating the work of contemporary aerial dance choreographers. Mallakhamb is still an interesting, strange and mysterious sport to the vast majority of the World. Perhaps one day Mallakhamb will be practiced in different nations and it could even become an Olympic Sport one day.

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# 3 SUCCESSFUL SOLUTION TO SPORTS STRIFES- MEDIATION IN SPORTS LAW

SARTHAK BHATTAMISHRA

Image courtesy:leblanclaandmediation.com

There is no business like the sports might comprise of, including but not business. Professional sporting is limited to, highly valued trademarks, hardcore & competitive, at times cruel industrial designs, copyright and in being so. It comes with its own rules related rights, patented technologies, & edicts, though it demands for one & sports broadcasting and media and only one thing – excellence. For, the simulcasting, licensing and winner stands alone. Sports disputes merchandising rights for major sports can be quite quirky & convoluted. A events, commercial exploitation of the common strife in the sports sector image rights of athletes or lockouts

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Page | 17 and labour impasses or salary And, this is where things get ugly – un- disputes, to name a few. And, above & necessarily, rather so. beyond the multi-faceted dynamism So, what do we about it? that sports disputes bring along to the table, one must not forget the stake- Simple. Take it to Mediation! holders associated with such an Let me take you back in time to the altercation, for Sports law is such an chilly winters of January 2013. The intricate field wherein there can be a National Hockey League (NHL) of the myriad of parties involved. To a United States was on the brink of dispute of, say, a sportsperson alleging cancelling its entire season in lieu of a that he is wrongfully treated against – logjam between team-owners and the sportsperson is not the only person players over a new Collective whose career in peril, it can also be the Bargaining Agreement (CBA). To add coach, the manager as well as the to the headache that the game was management of the franchise to which suffering from already, part of the the athlete belongs to, on whose head season had already been cancelled for the sword may hang. Similarly, a the team owners, headed by NHL dispute might also involve the agents, commissioner Gary Bettman, had broadcasters, the club or the domestic announced an impasse of the members team, the donors, event organizers, of the player’s union. This discord service providers, software developers, arose because a new CBA could not be sponsors, sports goods manufacturers arrived at after the last one expired on & distributors, sports organization & September, 2012. The clog was so federations, the telecom providers & labyrinthine that the two sides were the TV and Media companies, et al. nearly $200 million apart on the So, with so many chefs in the pantry, proper percentages of revenue sharing often more than not, the broth does get and seemed unwilling to even talk with spoiled. And, given the innate nature each other. Critics were already all- of Man to believe that the fault lies guns-blazing cynical, fans had already entirely with the other party, what started losing confidence, sponsors ensues next is a concatenation of had been looking at other avenues & condemnations against each other. the game was in utter doldrums and, yet, none of the parties were willing to

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Page | 18 budge. It seemed like this was going to Initially, fans were sceptical about be yet another ’04-’05 season, which Mediation in sports – and for obvious had been cancelled due to a similar reasons. For, one, it was the first of its dispute – but, experts were sceptical if kind – Mediation in sporting was the game can recover, even sparsely, seldom used in pro-sports in America, this time. Another setback and pro voluntary or otherwise. But, since hockey would fall from grace from then, Mediation has become an active being a Major American sport to a agent in resolving disputes in various fringe sport. After negotiations facets of pro & collegiate sports in between both sides broke down for the America – be it Baseball or Basketball umpteenth time and with “less than a or Football, with cases seldom going week to reach a new [CBA] to save” the for the adversarial system. season from outright cancellation, But, you may ask – the Indian context federal government officials offered to is completely different from the help resolve the conflict. American. I could always move the Enter Scot L. Beckenbaugh, a mediator Courts & adjudicate at a judicature of from the U.S. Federal Mediation& law. Why should I mediate? And, Conciliation Service (FMCS). After what’s so great about Mediation in so spending approximately twelve hours far as conflicts in Sports are shuttling back and forth between the concerned? league offices in Manhattan and a I’ll answer by giving you a brief idea as nearby players’ union hotel suite, the to what Mediation is. mediator got representatives from both the team owners and players’ Mediation is a process of ‘negotiation’ union to meet face-to-face at the facilitated by a trusted neutral third union’s hotel suite. And, finally, after a party who does not hold any decision- nerve-wracking twenty-eight long making power. Like any other hours of mediating & negotiating, negotiation, it is a voluntary process. players & owners hammered a deal of a The mediator is an experienced legal new 10-year collective bargaining deal, professional who facilitates an which ended a 113-day lockout. agreement. Towards this end, he/she may don many hats during the course And, that sunny Sunday morning, of Mediation including acting as a winter left lastly.

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Page | 19 convener, an educator, a process Management (of the team). Often advisor, a communication facilitator, a more than not, every case, if translator and a catalyst. scrutinised well enough, says a story – a story where sentiments have been Mediation is a facilitative process, and hurt & emotions meddled with. hence, the Mediator should not be looked upon as your everyday Judge Which, Mediation identifies, as it did who has the authority to decide on the in the January ’13 logjam of NHL course of the rest of your life; rather, players & team owners. he/she should be considered more of a Not only does this modernistic friend. The Mediator is present for the mechanism of resolving disputes give simple reason of providing help & the parties the autonomy to fix upon guidance to the disputing parties to their mediator of choice, but also a find an amiable solution to the issue at competent mediator will be able to hand, just like your best bud. Such a help the parties explore alternatives solution is more impactful as against that they might not have considered the verdict pronounced by a Lord before. And, above all, Mediation Justice for the simple reason that provides for an absolute & total control Mediation believes that no one can over the outcome of this conflict understand your problem better than resolution process. yourself. See, I’ll be honest with you. My For any dispute arising out of Sports, primary objective, as a sports-person the parties have a lot to lose if things or as the management of a company or go south – be it a sportsperson with a firm entangled in a sports-strife his/her career at risk, or a franchise or alike, would be the following two a team with its name, popularity & fan- things: base at stakes; disputes in Sports isn’t all about money, even though that is One, a speedy settlement of the what meets the eye prima facie. It is dispute. For, if a case lingers on for about aspects bigger than the long, it shall affect my chances of pecuniary ones like, say, the efforts put appearing in the field and performing. in & the perseverance of an athlete or, This, in turn, will reflect badly & on the other hand, investments, in subsequently affect the openings that I cash or kind, made by the might get in the future. Or, on the

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Page | 20 flipside, a dawdling dispute will attract Court, the 24 high courts and various scorn from my investors & stake- subordinate courts? holders and, in turn, will give me a bad So, what do we do about it? name. Also, it will decrease the chances of others who might have been Simple. Take it to Mediation! mulling over investing in my company See, two of the basic canons of or firm as well. Now, you can hope (or, Mediation are ‘Confidentiality’ & claim) that you were a gold-egg-laying- ‘Conduciveness’. No participant to a goose and, hence, be give a higher mediation-session can divulge any priority; but, blame your stars my information that has been shared friend, for Lady Justitia is blind. within the four-walls to a person Two, a protection of my name & outside of it without your permission. my repute.And, once the Courts start This is rudimentary in preserving the process, it’s all out in the open. trust, if not enhancing it, and in People will know that you are a part of maintaining the working relationship a lawsuit and your prestige will between two conflicting parties. certainly go for a toll – Secondly, Mediation is conducive for notwithstanding whether you are its prompt nature & effective accuracy innocent or not. The society shall look at identifying key issues that paved down at you, time & again,with way for differences to convert into belittling eyes and the media shall do conflicts at the first instance. Taking the rest of the job of making your way lesser a time to settle a image go in tatters. Like it or not, we disagreement than the adversarial are a judgmental society and love system would, Mediation aims at jumping to conclusions and making prioritizing ‘needs’ as compared to the half-informed decisions – and, we can latter’s prioritizing of ‘facts’. And, the be quite caustic at that. brownie point being Mediation’s In such a scenario, if I choose my symbolic trait of preserving personal & playing field as the Courtroom, I am business relationships. The world of losing on both fronts. Oh, fun fact – sports is a small one, with pretty much did I mention that there are nearly 3 everyone knowing someone or the crore cases pending before the other – hence, making preservingof judiciary, including the Supreme

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Page | 21 associations with others & maintaining past – with the parties exchanging your status more imperative than ever. pleasantries. Warner was also quoted saying, "It was important to all Let’s take another instance of Richie concerned to have brought this matter Woodhall, a former Brit WBC super- to a speedy conclusion. We have middleweight title holder &a shaken hands and look forward to celebrated Olympian (who also had an resuming our successful partnership. " astounding 26 wins out of 29 fights, with a total 16 wins by KO) & his bitter See, don’t get me wrong. As a person of clash with Frank Warren, a rather well law, I have the utmost regard & known boxing manager & promoter reverence for its guardians. But, the (who also backs our very own pugilist queue of equity is very, very long. And, Vijender Singh). In 1999, Woodhall by the time your number comes, started proceedings against Warren in maybe, just maybe, it would have been the High Court of London. And, like too late already. So, do you want to any other dispute, neither of them take that risk & put everything – your wanted to take the defensive, albeit ambitions, dreams, zeal, and being fully aware that the adversarial persistence – in peril or, instead, go for process shall be time-taking & a proven way of resolving conflicts expensive & disparaging to their which is a win-win scenario for respective images. At the same time, everybody? Woodhall wanted to bet back in the The foreign world beyond our borders ring & wished to fight for his has either a proper set of mediation in mandatory defence of his world title in sports’ disputes in place or is catching a very short span of time. Hence, the up fast in implementing the same. question arose – given the nature of With the American Arbitration the dispute & the necessity for Association boasting for over 80% of resolving it promptly; would the Court all its cases getting settled by be the best forum? mediation& the Court of Arbitration in Hence, the Centre for Effective Dispute Sports (CAS), which is the supreme Resolution took upon itself the authority when it comes to resolving initiative to settle the case. And, sports conflicts, coming-up with its surprisingly, in not more than 72 Mediation Rules, which apply to hours, the dispute was a thing of the disagreements arising out of any sport

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Page | 22 that the CAS recognizes and with several disputes being solved on a daily basis in Australia, Ireland, the United Kingdom & Germany – Mediation is slowly garnering momentum from being an ‘alternative’ answer to disputes to being a ‘primary’ method of resolution. And, believe me, the only thing that stands between you and the other entity in the dispute is often a misconception and the unwillingness to take the first step forward. No matter how big the issue, each & every strife in sports can be mediated. And, unlike what you may think, it doesn’t take forever.

As a mutually beneficial model, Mediation sends everyone home happy. To put it in Sun Tzu’s words, ‘the best General who never fights’.

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#4 FAN ARTICLE THE FATE OF INDIAN MOTORSPORT! ARCHIT SAHU

India and motorsports do not go hand corporate/private boxes which had all in hand! Despite this, JAYPEE tried to the facilities including a personal change India’s image by bringing the chauffer. world’s costliest sport Formula1 racing Formula One (also Formula 1 or F1 and championship in October 2011 on a 5 officially the FIA Formula One World year contract to our backyard. Championship) is the highest class of Formula1, a privately owned & a single-seat auto racing that is company run by the rich, for the rich sanctioned by the Fédération with minimum ticket prices starting Internationale de l'Automobile (FIA). from INR2500 and shooting up to The FIA Formula One World 10Lakhs to 50Lakhs for Championship has been the premier

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Page | 24 form of racing since the inaugural have been a part of all the F1 hosted in season in 1950.The F1 season consists India (2011-2013) and have followed of a series of races, known as Grand F1 closely since I was a child and to Prix (from French, meaning grand become a part of it was truly amazing. prizes), held worldwide on purpose- I have done it all from volunteering big built F1 circuits and public roads. celebs to flag Marshall to chief-of-post Bernie Ecclestone owner of FIA, is the , it truly was an amazing time for me, person responsible for making F1 what as I was doing what I loved. In this it is now. journey, I have met a lot of drivers, engineers and celebrities; all curious to India hosted F1 Indian racing know how we used to conduct the race. championships in Buddh International circuit in years 2011, 2012, 2013 only Politics, we can say, has ruined Indian to face setback from the government motorsport. Though the government later and never to return despite cannot handle the expenses of hosting having a 5 year contract. Though the the F1, as the cost of running one race future looked bright for Indian goes somewhere around motorsport when Jaypee decided to USD200million. The cost of managing build the racing arena but after a long a F1 team comes around 650-800 haul its future is again in the dark with million USD .FMSCI & BIC had tried all our upcoming talents being forced to convince the previous government to either practice abroad or race on on this, but politics, law and taxing not-so-competitive tracks. We could regulations got better of them. Race only produce two racing maestros disappeared; and there is no hope of it “Narain Karthikeyan”&“Karun returning any-time soon. The officials Chandhok” both got a chance to are trying hard to make a comeback compete in F1 championships. but chances are bleak. Nobody can predict as to how long this wait and the F1 excites me! Who wouldn’t be excited fight will go on but one thing is sure by fast and expensive cars racing out the Indian racing arena stands still in neck to neck or, better described in the midst of nowhere waiting to be racing language, wheel-to-wheel, fuelled by someone giving Indian fighting their way up the podium to racing another chance to shine bright gain maximum points advantage on in the world. the drivers in competition with them. I

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#5 FIXTURES THIS MONTH

Image Courtesy.mirror.co.uk

October

20-24: Cricket - England's Tour of Bangladesh - 1st Test, Chittagong, 04:30 BST

21-23: Formula 1 - USA Grand Prix, Austin

28-1: Cricket - England's Tour of Bangladesh - Nov 2nd Test, Mirpur, 04:30 BST

28-30: Formula 1 - Mexican Grand Prix, Mexico City

28: Rugby League - Four Nations - Australia v Scotland, KC Lightstream Stadium, Hull, 20:00 BST

28-30: Motorsport - Wales Rally GB

29: Rugby League - England v New Zealand, John Smith's Stadium, Huddersfield, 14:30

November

5: Rugby Union - Wales v Australia, Ireland v New Zealand

5: Rugby League: Four Nations - England v Scotland, Ricoh Arena, Coventry, 17:30

5: Rugby League: Four Nations - New Zealand v Australia, Ricoh Arena, Coventry, 20:00

9-13: Cricket - England's tour of India: 1st Test, Rajkot, 04:00

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11: Football: World Cup qualifiers: England v Scotland, N Ireland v Azerbaijan, 19:45

11: Rugby League: Four Nations - New Zealand v Scotland, Zebra Claims Stadium, Workington, 20:00

11-13: Formula 1 - Brazilian Grand Prix, Sao Paulo

12: Football - World Cup qualifiers: Austria v Rep Ireland, 17:00 , Wales v Serbia, 19:45

12: Rugby Union - England v South Africa, Scotland v Australia, Ireland v Canada, Wales v Argentina

13: Rugby League: Four Nations - England v Australia, Olympic Stadium, 14:00

15: Football: International Friendly - England v Spain, 20:00

14-20: Tennis - ATP World Tour Finals, London

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#6 HERO INDIAN SUPER LEAGUE (ISL) 2016

Image Courtesy:indianexpress.com

The Hero Indian Super League (ISL) is India’s unrivalled football championship which kicked off on 12 October 2014. The inaugural winners of the league were Atlético de Kolkata, while Chennaiyin FC were the winners of the second season. The third edition of the Hero ISL is set to begin from October 1, 2016 with the final taking place on December 18, 2016. Owned by IMG-Reliance and STAR India, the Hero ISL is being covered on a variety of platforms. For India, STAR India is the official and exclusive broadcaster. LIVE action commences at 7 PM on match days and can be watched on Star Sports 2/HD2 and Star Sports 3/HD3. Additionally, the match telecast is also available on Star Gold. For fans on the move, starsports.com and hotstar (website and app) provide live streams of the game.

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DATE MATCHES

01 Oct Saturday 19:00 IST Match 1 NorthEast United FC vs Kerala Blasters FC

02 Oct Sunday 19:00 IST Match 2 Atlético de Kolkata vs Chennaiyin FC

03 Oct Monday 19:00 IST Match 3 FC Pune City vs Mumbai City FC

04 Oct Tuesday 19:00 IST Match 4 NorthEast United FC vs FC Goa

05 Oct Wednesday 19:00 IST Match 5 Kerala Blasters FC vs Atlético de Kolkata

06 Oct Thursday 19:00 IST Match 6 Chennaiyin FC vs Delhi Dynamos FC

07 Oct Friday 19:00 IST Match 7 Mumbai City FC vs NorthEast United FC

08 Oct Saturday 19:00 IST Match 8 FC Goa vs FC Pune City

09 Oct Sunday 19:00 IST Match 9 Kerala Blasters FC vs Delhi Dynamos FC

11 Oct Tuesday 19:00 IST Match 10 Mumbai City FC vs Atlético de Kolkata

12 Oct Wednesday 19:00 IST Match 11 FC Pune City vs NorthEast United FC

13 Oct Thursday 19:00 IST Match 12 Chennaiyin FC vs FC Goa

14 Oct Friday 19:00 IST Match 13 Kerala Blasters FC vs Mumbai City FC

15 Oct Saturday 19:00 IST Match 14 Delhi Dynamos FC vs NorthEast United FC

16 Oct Sunday 19:00 IST Match 15 Atlético de Kolkata vs FC Goa

17 Oct Monday 19:00 IST Match 16 FC Pune City vs Kerala Blasters FC

18 Oct Tuesday 19:00 IST Match 17 Delhi Dynamos FC vs Mumbai City FC

20 Oct Thursday 19:00 IST Match 18 NorthEast United FC vs Chennaiyin FC

21 Oct Friday 19:00 IST Match 19 Mumbai City FC vs FC Goa

22 Oct Saturday 19:00 IST Match 20 Atlético de Kolkata vs Delhi Dynamos FC

23 Oct Sunday 19:00 IST Match 21 FC Pune City vs Chennaiyin FC

24 Oct Monday 19:00 IST Match 22 FC Goa vs Kerala Blasters FC

25 Oct Tuesday 19:00 IST Match 23 Atlético de Kolkata vs Mumbai City FC

27 Oct Thursday 19:00 IST Match 24 Delhi Dynamos FC vs FC Pune City

28 Oct Friday 19:00 IST Match 25 NorthEast United FC vs Atlético de Kolkata

29 Oct Saturday 19:00 IST Match 26 Chennaiyin FC vs Kerala Blasters FC

30 Oct Sunday 19:00 IST Match 27 FC Goa vs Delhi Dynamos FC

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02 Nov Wednesday 19:00 IST Match 28 Chennaiyin FC vs Mumbai City FC

03 Nov Thursday 19:00 IST Match 29 FC Pune City vs FC Goa

04 NovFriday19:00 IST Match 30 Delhi Dynamos FC vs Kerala Blasters FC

05 Nov Saturday 19:00 IST Match 31 NorthEast United FC vs Mumbai City FC

06 Nov Sunday 19:00 IST Match 32 FC Pune City vs Atlético de Kolkata

08 Nov Tuesday 19:00 IST Match 33 Kerala Blasters FC vs FC Goa

09 Nov Wednesday 19:00 IST Match 34 Delhi Dynamos FC vs Chennaiyin FC

10 Nov Thursday 19:00 IST Match 35 Mumbai City FC vs FC Pune City

11 Nov Friday 19:00 IST Match 36 FC Goa vs NorthEast United FC

12 Nov Saturday 19:00 IST Match 37 Kerala Blasters FC vs Chennaiyin FC

13 Nov Sunday 19:00 IST Match 38 Delhi Dynamos FC vs Atlético de Kolkata

15 Nov Tuesday 19:00 IST Match 39 Chennaiyin FC vs FC Pune City

16 Nov Wednesday 19:00 IST Match 40 FC Goa vs Mumbai City FC

17 Nov Thursday 19:00 IST Match 41 Atlético de Kolkata vs NorthEast United FC

18 Nov Friday 19:00 IST Match 42 FC Pune City vs Delhi Dynamos FC

19 Nov Saturday 19:00 IST Match 43 Mumbai City FC vs Kerala Blasters FC

20 Nov Sunday 19:00 IST Match 44 Chennaiyin FC vs Atlético de Kolkata

22 Nov Tuesday 19:00 IST Match 45 NorthEast United FC vs FC Pune City

23 Nov Wednesday 19:00 IST Match 46 Mumbai City FC vs Chennaiyin FC

24 Nov Thursday 19:00 IST Match 47 FC Goa vs Atlético de Kolkata

25 NovFriday19:00 IST Match 48 Kerala Blasters FC vs FC Pune City

26 Nov Saturday 19:00 IST Match 49 Chennaiyin FC vs NorthEast United FC

27 Nov Sunday 19:00 IST Match 50 Delhi Dynamos FC vs FC Goa

29 Nov Tuesday 19:00 IST Match 51 Atlético de Kolkata vs Kerala Blasters FC

30 Nov Wednesday 19:00 IST Match 52 NorthEast United FC vs Delhi Dynamos FC

01 Dec Thursday 19:00 IST Match 53 FC Goa vs Chennaiyin FC

02 Dec Friday 19:00 IST Match 54 Atlético de Kolkata vs FC Pune City

03 Dec Saturday 19:00 IST Match 55 Mumbai City FC vs Delhi Dynamos FC

04 Dec Sunday 19:00 IST Match 56 Kerala Blasters FC vs NorthEast United FC

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10 Dec Saturday 19:00 IST Semi-Final 1 (1st Leg)TBC vs TBC

11 Dec Sunday 19:00 IST Semi-Final 2 (1st Leg)TBC vs TBC

13 Dec Tuesday 19:00 IST Semi-Final 1 (2nd Leg)TBC vs TBC

14 Dec Wednesday 19:00 IST Semi-Final 2 (2nd Leg)TBC vs TBC

18 Dec Sunday 19:00 IST FinalTBC vs TBC

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#7 BCCI’s ANNUAL REPORT : GREEN CRICKET, IPL & CRICKET CONCLAVE

Image Courtesy:ibnlive.in

1. GREEN CRICKET Board is looking at are: Rainwater Harvesting THE BCCI has impressed upon affiliated state units to implement Sewage Water Treatment Plant (STP) 4 green initiatives at their international Harnessing Solar Energy stadiums and other grounds and the Implementing rainwater harvesting Working Committee approved the and building sewage water treatment setting up of a corpus of Rs 100 crore plants will help the state units for this. Three Important areas that the overcome the problems faced by shortage of water, particularly during

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Page | 33 drought conditions. (This year, the September, 2016. STP KSCA installed Honourable High Court of Bombay 200 KLD wastewater recycling plant passed an order to shift all IPL using STP (MBBR) technology for matches outside the state of treating sewage water and reuse. Maharashtra due to severe drought.) Treated water will be used for The BCCI is in the process of entering sprinkling the lawns and for watering into an MOU with Solar Energy the pitches and outfields of cricket Corporation of India Ltd, a grounds. Government of India Enterprise to SOLAR POWER help state units to set up grid- connected rooftop photovoltaic As a power saving measure and to systems. Some of the state units have enhance the lighting levels on the already implemented these schemes periphery of the M. Chinnaswamy and the Karnataka State Cricket Stadium, 50 500-watt halogen lights Association (KSCA) deserves were replaced by 60-watt LED lights. appreciation for having pursued all The total power usage for lights has these initiatives successfully. come down from 25KW to 3KW. This was done in 2015. A 400 KW KSCA’S INITIATIVES photovoltaic system was installed at SUB-AIR DRAINAGE SYSTEM the Chinnaswamy Stadium on the rooftop of the eastern stand in 2015. This ensures quick draining out of The system generates 1,700 units per water during rains to dry the outfield day totaling to an average of 5,90,000 within minutes to enable re-start of units per annum. It helps to meet 40 matches. The equipment consists of a per cent of the stadium load. In the last cross-section of perforated pipes for one year, KSCA has made a saving of suction of water; a suction unit to 50 per cent on its electricity bills. drain out water and to conserve it;an air blowing unit which facilitates blow WASTE MANAGEMENT of moist air to the roots of grass for At the Chinnaswamy Stadium, KSCA healthy growth; a sprinkler irrigation has been carrying out scientific and system. The cost of the project is environmentfriendly waste approximately Rs 4 crore and it is management for eight years now. All expected to be completed by waste is being segregated at source.

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Wet waste is used to produce bio-gas. KW, which generates about 6,833 A 500 kg bio-gas plant has been units of electricity per month. installed. Bio-gas is being used in the GOA : The rainwater harvesting plant canteens. was commissioned in 2011. A tender Notable initiatives being implemented for a solar power plant has been by some other state units include the floated. following: 2. INDIAN PREMIER LEAGUE MAHARASHTRA : At the Maharashtra THE INDIAN PREMIER LEAGUE Cricket Association (MCA) Stadium in (IPL), which completed its ninth Pune, rainwater is being collected from season in 2016, is the biggest brand the field through a drain network and ever in cricket history. In 2015, the pumped into the storage tanks. This valuation appraisal firm Duff & Phelps water is later utilised to irrigate the estimated the IPL brand to be worth outfield and for landscaping. The $4.5 billion (Rs 27,000 Crores). surplus water is discharged into the According to the Broadcast Audience Pawana river. The MCA now plans to Research Council of India, total TV install a sewage treatment plant with a viewership of IPL 2016 calculated by capacity of 480 CuM per day. The impressions stood at 102 Crores. A treated effluents on match days will be report by management consultancy recycled and stored in underground firm KPMG puts the total impact of treated water tanks and reused for IPL 2015 on the Indian economy at Rs gardening and landscaping. 1,150 Crores, more than 0.6 per cent of VIDARBHA : Rainwater harvesting the country’s GDP. But the full impact and a sewage treatment plant are of any major international sporting already in place and the water event on the host country goes beyond collected is used to irrigate the economic effects measurable in outfield. SAURASHTRA A rainwater financial terms. The IPL serves a far harvesting system in the Rajkot greater cause. The simple format and stadium keeps recharging two water the shorter time taken— approximately wells on the premises. A solar power three hours—has made the game plant has been installed and attractive to a vast new audience, commissioned with a capacity of 50 especially women and children. This

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Page | 35 will shape the future of cricket in India THE BOARD organised a Cricket and the world. The IPL directly Conclave in Dharamshala from 21st to employs a large number of people and 24th June, 2016 with the help of the also generates additional workforce Himachal Pradesh Cricket Association. demand in a variety of other sectors in The following activities were held apart the economy. It has also put India in from a night cricket match between the the spotlight on the global sporting President's XI and the Hon. Secretary's map. Now the league is followed across XI at the HPCA Stadium: MEDIA the world and has fans in many WORKSHOP Media representatives of countries. The popularity of the IPL the affiliated units of the BCCI has enhanced the image of India as a attended a full day workshop which country globally, increasing its appeal included topics such as role and to tourists. Images of famous responsibilities of the media manager destinations across India were often during the domestic and international included during TV broadcasts, matches, minimum standards required supporting this cause. IPL matches for the media at each venue, need for provide Tier-2 cities with an every association to have a website and opportunity to gain media exposure to the information to be uploaded on the people and businesses across India as site, and the importance of social well as abroad. Endorsed by numerous media to highlight the activities of the celebrities, sportsmen and political State Associations and reach out to the personalities, the IPL encourages more younger generation. Representatives of young people to play cricket. It Facebook and Twitter spoke to the provides an invaluable platform for members. CAPTAINS AND COACHES not-so-famous players to showcase MEETING The Captains and Coaches their talent and potentially build a of the teams participating in the Ranji career at the highest international Trophy attended the meeting to share level. The IPL has literally been a game their views on point system, gap changer for world cricket and one of between two rounds, ball used, the BCCI’s proudest achievements. The umpiring standards and above all the league has truly taken the sport to the wicket preparation at the venues people. participating in the premier national tournament. They also made some 3. CRICKET CONCLAVE good suggestions to further improve

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Page | 36 the conduct of the Ranji Trophy WORKING COMMITTEE: The Tournament. The recommendation of Working Committee is the decision the Technical Committee of BCCI to making body of the Board and play the Ranji games at neutral venues members deliberated on several was debated and majority view was to important issues concerning Indian try this on experimental basis in 2016- Cricket and took a number of 17. Apart from the Office Bearers, Mr. decisions. The Cricket Conclave was a Sourav Ganguly attended this meeting huge success, thanks to the support and spoke to the Captains and and hospitality extended by Himachal Coaches. Pradesh Cricket Association.

IPL GOVERNING COUNCIL: The IPLGC discussed the feedback from the management team on the IPL-2016. The IPL-2016 was a huge success in terms of the quality of cricket played, the television viewership and the success of fan parks. The event had its share of challenges and the most prominent was the order of the Bombay High Court to shift the matches outside Maharashtra State after 1st May, 2016.

AFFILIATION COMMITTEE: The Committee met and deliberated on the issue of affiliation to Uttarakhand State and Mizoram State. JUNIOR CRICKET COMMITTEE The Committee discussed the present Junior Cricket Structure in India and made some useful suggestions to further strengthen the same.

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#8 DECLARATION OF THE 5TH OLYMPIC SUMMIT

Image courtesy:img.rt.com

The leading representatives of the conference saw the IOC President, UN Olympic Movement met in Lausanne Secretary General Ban Ki-moon and for the fifth Olympic Summit, Pope Francis give welcoming speeches convened and chaired by IOC ahead of the three-day conference, President Thomas Bach. The Summit which aims to put “sport at the service agreed on in-principle proposals of humanity”. The inaugural concerning a full review of the WADA conference is described by organisers anti-doping system. Leaders of sport, as a “chance for a new drive to religion and politics came together in promote and extol the virtues of Faith the Vatican for the first Global and Sport in our lives.” Conference on Faith and Sport. Before the conference, IOC President Thomas The meeting was organised under the Bach was received for a private six principles “shared by faith and audience by Pope Francis. The sport” of compassion, respect, love,

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Page | 38 enlightenment, balance and joy. After President had meetings with IOC the conference, the IOC President held Members Craig Reedie, Angela a meeting with the UN Secretary Ruggiero, Sam Ramsamy, Alexander General to discuss the cooperation Zhukov and Lawrence F. Probst as well with the IOC and the UN with regard as IAAF President Sebastian Coe. to refugees and the Sustainable Development Goals. IOC Honorary James L. Easton was awarded the President Jacques Rogge, IOC Vice Olympic Torch Trophy by the United Presidents John Coates, Juan Antonio States Olympic Committee in Samaranch and Uğur Erdener, and recognition of his contribution to the IOC Members Franco Carraro, Mario Olympic Movement and promotion of Pescante, Sovereign Prince Albert II, the Olympic ideals.Carlos Arthur Sam Ramsamy, Philip Craven, Prince Nuzman has been re-elected Feisal Bin Al-Hussein, Kirsty Coventry President of the Brazilian NOC for the and Nita Ambani also attended the period 2017-2020. He has been conference.. The IOC President President of the Brazilian NOC since welcomed the President of the Chinese 1995. NOC, Liu Peng, who is also Director General of the Organising Committee COMMISSIONS of the Beijing 2022 Olympic Winter Games, accompanied by IOC Vice- The Coordination Commission for President Yu Zaiqing. They discussed the Olympic Winter Games the first meeting of the Coordination PyeongChang 2018 wrapped up its Commission for the Beijing 2022 seventh visit pleased with the progress Winter Games, which will soon be of venue construction. The travelling to the Chinese capital. Commission, led by IOC Executive President Thomas Bach met the Board Member Gunilla Lindberg, President of the International assessed every aspect of Games Triathlon Union, IOC Member Marisol preparations during three days of Casado, and discussed the success of venue visits and collaborative the Olympic Games Rio 2016 and the discussions with the PyeongChang smooth running of the Olympic 2018 Organising Committee. The triathlon event as well as the Games organisers reported that, on protection of clean athletes. The average, the new venues in

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PyeongChang and nearby Gangneung (DG Home Affairs) joint are 90 per cent complete in advance of project “Keep crime out of 26 test events scheduled between this sport” (KCOOS). The IOC, November and April 2017. as an official partner in the Representatives from all seven winter KCOOS Project, made a IFs also joined the discussions in presentation to PyeongChang. representatives of law enforcement and justice,  On 29 September, Interpol ministries, betting and the IOC led a operators, betting workshop on “Sports regulatory authorities and integrity – training the the sports movement from trainers” in Zagreb Austria, Bosnia- (Croatia), for Croatian Herzegovina, Croatia, sports federations. The Germany, Hungary and workshop strengthened Ukraine. The seminar understanding of the comes after the recent threats to the values of International Conference sport caused by unethical on the Manipulation of behaviour such as match- Sports Competitions held fixing. It also reinforced in Strasbourg (France) at knowledge and the Council of Europe understanding of the headquarters on 20 and 21 international response to September. match-fixing, including the

Olympic Code on the  The IOC has launched a Prevention of revamped edition of its Manipulation of Olympic Values Education Competitions. The Programme (OVEP) workshop was followed on toolkit. The IOC has 27 and 28 September in updated its series of free Zagreb by a regional and practical learning seminar of the Council of resources – the OVEP Europe / European Union toolkit, version 2.0 –

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which blends sport with INTERNATIONAL SPORTS education and cultural FEDERATIONS expression so as to make  A record number of entries learning fun and dynamic have been received for the and to form well-rounded World Rowing Coastal individuals. Championships, which are

due to take place from 21  To provide a level playing to 23 October in Monaco. field for all clean athletes Nearly 700 athletes from at the Olympic Games Rio 30 countries will take part, 2016, the IOC put special including a number of measures in place, rowers who recently including targeted pre- competed in the Olympic tests and the re-analysis of Games. For the fifth stored samples from the consecutive year, the Olympic Games Beijing International Centre for 2008 and London 2012, Sports Studies (CIES) and following an intelligence- the International gathering process that Basketball started in August 2015. As Federation (FIBA) have part of this process, the joined forces to produce IOC announced on 6 the International October that Anna Basketball Migration Chicherova of the Russian Report (IBMR). The 2016 Federation has been edition is accompanied by disqualified from the an additional Evolution Olympic Games Beijing Report which focuses on 2008, in which she trends since the inception competed in the women’s of the IBMR in 2012. In high jump event, ranked the presence of the third and was awarded the President of bronze medal. the International Boxing

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Federation (AIBA), IOC  The International Judo Executive Board Member Federation (IJF) has Ching-Kuo Wu, the AIBA launched its fifth Referees Judges and educational tour in India, Technical Rules after successful events in Commissions (see photo China, Northern Canada, above) convened in Oceania and Australia. The Lausanne, from 3 to 5 tour, organised jointly by October, to reflect upon the IJF and the Indian the Olympic Games Rio Judo Federation, opened at 2016 and plan affirmative the iconic Taj Mahal in actions to build on during Agra, in the presence of the new Olympic cycle. 100 judokas Over the next Several crucial two weeks a delegation of recommendations were Indian officials led by made in the areas of federation president referees and judges, the Mukesh Kumar and IJF education of boxers and representatives will travel coaches, and improving the throughout northern India dialogue with National to promote the educational Federations. values of judo. The IJF  The International delegation includes Nicolas Hockey Messner, IJF Media and Federation (FIH) has Communication Director confirmed that England, and Judo for Peace Belgium and South Africa Director and, for the first will host the Hockey World time, Olympic and world League semi-finals from 15 championship medallist June to 23 July 2017. The Ungvari Miklos of two men’s and two Hungary. After Agra the women’s semi-finals will tour will move on to be qualifiers for the Haridwar, Dehradun, Hockey World Cup 2018. Jalandhar, Gurdaspur, Sonipat, Rohtak and

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Narnaul, before the final Singapore (Singapore) in stage in New Delhi. The 2015. Nearly 1000 athletes IJF delegation will then from around 100 countries continue on to Nepal to are expected in meet the judokas who were Indianapolis in 2017. affected by the 2015 earthquake.  The International  The top 18-and-under Modern Pentathlon swimmers in the world will Union (UIPM) and the go to Indianapolis (USA) International Military for the Sports Council (CISM) 2017 International incorporated the first-ever Swimming Coaches Clinic into the Federation (FINA) World 44th CISM Military World Junior Swimming Modern Pentathlon championships. The event, Championships in hosted by USA Swimming Warendorf (Germany). and United States Aquatic Strong links remain Sports, will take place in between the modern August (dates to be pentathlon and the confirmed) at the Indiana military, as can be seen by University Natatorium on the fact that two of the Rio the Indiana University – 2016 Olympic women’s Purdue University medallists – Elodie Clouvel Indianapolis campus. (France, silver) and These championships were Oktawia Nowacka (Poland, launched in 2006 in Rio de bronze) competed in the Janeiro (Brazil), and were World Military subsequently held in Championships, along with Monterrey (Mexico) in current men’s world 2008, Lima (Peru) in 2001, champion Valentin Belaud Dubai (United Arab of France. Emirates) in 2013 and

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 World Rugby’s and fully completes the committees and board transition from the members met in Buenos International Sailing Aires (Argentina) for a Federation (ISAF) to week of meetings. Agenda World Sailing which items included a review of commenced in November the closed law trials 2015. The new brand will currently operational in come to life at the IF’s competitions around the Annual Conference in world, player welfare Barcelona (Spain). The injury-prevention federation will lay down strategies, mass plans for a healthy, participation and high sustainable future for the performance strategies, a sport, as well as the more review of Rio 2016, Rugby specific subject of World Cup 2019 sustainability in the waters preparation, Rugby World of the world. The dialogue Cup 2023 host selection and engagement will be process and further centred on an overarching consideration of the global theme of 'Our Sustainable calendar. World Rugby Future'. President Bill Beaumont and Vice-President Agustín WINTER IFS Pichot also met Argentina’s The International Skating President, Mauricio Macri. Union (ISU) has launched its ISU

Online Shop, which will feature ISU

publications including A History of the  World Sailing has International Skating Union – launched a new brand Seasons 1991/92 through identity. This new visual 2014/15 published on the occasion of identity is accompanied by the 2016 ISU Congress which took a new vision and mission place in Dubrovnik (Croatia). which put sport, nature and technology at its core

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NATIONAL OLYMPIC COMMITTEES governance in sports organisations.  In accordance with the  The Legends’ Race – 39th recommendation of Biathlon Stars for Peace Olympic Agenda 2020, on festival took place on 18 23 September the NOCs of September at the National Albaniaand Macedonia o Olympic Centre in rganised a joint seminar on Raubichi. The President of Advanced Sport Belarus, Alexander Management (see photo Lukashenko, met the above) in Ohrid, participants (see photo Macedonia. The purpose of above) in the event, which the seminar was to is targeted at retired exchange knowledge and professional athletes. A learn from the experiences number of Olympic of other countries in the champions were present in field of sports Raubichi, where management, as well as the Belarusian NOC also getting to know and provided family leisure strengthening the sports activities including managers’ network in the archery, mini-golf and region. The participants curling. The event was were greeted by Angel jointly organised by the Janev, Deputy Mayor of Belarusian Biathlon Ohrid, Vasil Tupurkovski, Federation, the Ministry of President of the Sports and Tourism, the Macedonian NOC and NOC, the President’s Viron Bezhani, President Sports Club, the City of of the Albanian NOC. Minsk and the Minsk Sixteen participants (eight Region Executive from each country) Committees. attended the seminar on  On 4 October, Carlos the theme of good Arthur Nuzman and Paulo Wanderley Teixeira were

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re-elected respectively as President Alejandro Blanco President and Vice- was present at the President of the Brazilian ceremony, along with NOC NOC for the period 2017- Treasurer Manuel Parga, 2020. The composition of the Director General of the the Supervisory Board has Foundation, Javier also been announced. For Collado, and Foundation the Olympic cycle, until Technical Director José the Olympic Games Tokyo María Párraga (see photo 2020, the NOC intends to above). The aim of the consolidate the sporting programme is to promote a legacy of the Olympic series of actions to Games Rio 2016 in order to promote the adoption of ensure sustainable growth new technologies and for elite sport in the improvement of existing country. On this occasion, technologies, with the aim Carlos Arthur Nuzman of supporting business announced that Agberto initiatives within the Guimarães, Olympic sports community in athletics and 800m Pan- Spain. American champion, will  In Tel Aviv, the Olympic be the new COB Executive Committee of Director of Sports. Israel held the 44th  The Spanish NOC and the annual ceremony in INCYDE Foundation memory of the 11 victims signed a memorandum of of the attack during the understanding on Olympic Games Munich developing the “Build your 1972 (see photo above). future” (Construye tu Hundreds of people futuro) programme, as part attended the ceremony, of a scheme for young including NOC President entrepreneurs jointly Igal Carmi and NOC CEO financed by the European Gilad Lustig, IOC Member Social Fund (ESF). NOC Alex Gilady, the German

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Ambassador to Israel, regions, who competed at Clemens von Goetze, several levels including representatives of the school and regional Israeli Government and Tel competitions. 300 finalists Aviv Municipality, Munich from all over Ukraine took survivors, families of the part in a week-long series 11 victims with their of sports competitions and grandchildren and great- creative contests. Some grandchildren, as well as thirty champions including Olympic athletes and 15 Olympic medallists members of a Rio 2016 shared their life stories delegation and many other with the children (see guests. In his speech, Igal photo above). In November Carmi recalled the selection for the Olympic memorial ceremony held at Stork 2017 will be the Olympic Village at the launched in every school in Olympic Games Rio 2016 the country. in the presence of the IOC President. ORGANISING COMMITTEES FOR  The International “Artek” THE OLYMPIC GAMES Youth Centre in Kyiv PYEONGCHANG 2018 hosted the grand final of the 6th annual “Olympic The Organising Committee of the Stork” project, an Olympic Winter Games initiative of the NOC of PyeongChang 2018 has ended its Ukraine. The objective is volunteer recruitment drive after to promote the Olympic receiving four times more applicants values, an active lifestyle, than the number of volunteers needed friendship, respect and for the Olympic Winter Games. More patriotism among school than 91,000 candidates from 145 kids aged between 10 and countries offered to help the 12. The qualification PyeongChang 2018 Organising process involved thousands Committee deliver successful Games. of children in all 25 The Organising Committee expects to

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Page | 47 select about 22,000 volunteers to Matsuno Hirokazu, and President of assist with a variety of tasks, from the Japanese Olympic Committee and medical services to helping spectators IOC Member Takeda Tsunekazu. find their seats at sports venues. RECOGNISED ORGANISATIONS TOKYO 2020 The President of the Association of An enthusiastic crowd estimated at IOC-recognised International 800,000 filled Tokyo’s downtown Sports Federations (ARISF), streets on 7 October to give 87 Raffaele Chiulli, and ARISF Council Japanese medallists from the Rio 2016 member Anna Arzhanova were invited Olympic and Paralympic Games an to the European Parliament to talk ecstatic homecoming (see photo about the Universal Language of Sport. above). The parade proceeded for Anna Arzhanova underlined the about 2.5 kilometres from the Ginza increasingly important role of women district, Tokyo’s world-famous in sport and Raffaele Chiulli stressed shopping and dining area, to the ARISF’s support for all sport initiatives traditional Nihonbashi district, the designed to promote participation, city’s historical centre. The event, physical activity, dual careers for which provided a taste of the kinds of athletes, good governance, integrity scenes the world’s athletes can expect and social inclusion. when the Japanese capital hosts the Olympic and Paralympic DECLARATION OF THE 5TH Games in 2020, was preceded by an OLYMPIC SUMMIT opening ceremony. Attending it were Protecting clean athletes is an absolute three-time Olympic wrestling priority for the entire Olympic champion and Rio 2016 silver Movement. The worldwide fight medallist Saori Yoshida and against doping is the responsibility of Paralympic wheelchair tennis bronze the World Anti-Doping Agency medallist Yui Kamiji, who respectively (WADA), founded on the initiative of carried the Olympic and Paralympic the IOC in 1999. Governments of the flags for the occasion. Joining them world and the Olympic Movement are were a number of dignitaries, among sharing equally the engagement in and them Japanese Minister of Education funding of WADA. Within WADA the

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Olympic Movement is coordinated by discussion. In this context the Olympic the IOC. The discussions today are a Summit is making the following in- milestone in the implementation of principle proposals for a more robust, Olympic Agenda 2020 and subsequent more efficient, more transparent and decisions by the IOC and the Olympic more harmonised WADA anti-doping Summits. Olympic Agenda 2020, system. The Olympic Summit which was approved in December appreciates the commitment of the 2014, called for “novel approaches”, WADA President to take these which are “needed from all proposals into consideration at the stakeholders”. One of the novel WADA Foundation Board meeting in approaches was discussed already in November. 2015 by the 3rd Olympic Summit and More Independence approved by the IOC EB. Following recommendation 15 of Olympic 1. The anti-doping system to Agenda 2020 it was suggested: be independent from sports organisations. • “To make anti-doping testing • This proposal follows the independent from sports conclusions of the 3rd organisations” Olympic Summit in • Sanctions to be “pronounced by the October 2015. • A new Court of Arbitration for Sport (CAS)” anti-doping testing authority within the • A “professional intelligence gathering framework of WADA to be unit” to be established within WADA. established. The IOC Session in Rio de Janeiro • Sanctions related to 2016 fully supported all these doping cases to be measures. The cooperation between delegated to the Court of the Olympic Movement and the Arbitration for Sport governments is vital. The Olympic (CAS). Summit offers the governments and intergovernmental organisations close 2. The anti-doping system to coordination with respect to the be more independent from approval, implementation and national interests. financing of the WADA reforms under

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• WADA to be given officials, to be held stronger authority over the criminally responsible for National Anti-Doping facilitating doping. Organisations (NADOs). • The United Nations • Effective supervision by Educational, Scientific and WADA of national anti- Cultural Organisation doping programmes. (UNESCO), with the help • Fully transparent of WADA and the Olympic national Test Distribution Movement, to provide Plans (TDPs) in model legislation and to compliance with encourage adoption for a international standards. worldwide harmonisation • Cross-border testing in this respect. More around the world to be made more effective. Transparency and better Governance More Harmonisation

1. WADA to establish one 1. WADA to continue to centralised worldwide have the regulatory role anti-doping system. in the world-wide fight • Standard level of testing against doping setting to be harmonised per sport the standards for in close cooperation with compliance, and the relevant International carrying out the Federation (IF) to ensure assessment of all that athletes from all antidoping nations are treated organisations. equally. • Increasing the level of 2. The new anti-doping targeted testing. testing authority to be established within the 2. The entourage of athletes, framework of WADA. including coaches, doctors, • Clear segregation of physiotherapists and other duties between the

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regulatory and the testing contribute to an increased financing bodies. along with its partners, the • Intelligence and governments. The increase in investigation capability to financing depends on the be built. implementation of the reforms by WADA and is based on the results

provided by WADA after the review of 3. WADA to strengthen its governance the anti-doping system. The Olympic structure. • Ensure compliance with Summit also discussed inviting the the highest ethical standards in governments to consider a similar particular with regard to the resolution coordination to the Olympic of conflicts of interests and integrity. • Movement by pooling their Approve a policy for the participation through a UN Agency encouragement and the protection of such as UNESCO. This may lead to whistleblowers. • Ensure the stronger and broader government participation of elected athlete representation within WADA. representatives. • Increase the transparency and accountability towards its various stakeholders. • Strengthen education programmes. 4. The respective responsibilities of WADA, NADOs, the IOC, International Federations (IFs), National Olympic Committees (NOCs), National Federations (NFs), event organisers and governments to be made absolutely clear and transparent. Increased Security WADA to significantly improve its information security standards to comply with the international data privacy regulations and to prevent data leakage of critical information. Increased Financing The Olympic Movement is ready to

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#9 FIFA 2.0: NEW ROADMAP OF THE GAME?

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FIFA President Gianni Infantino has its players and its future; we will today unveiled “FIFA 2.0: The Vision innovate to improve the player and for the Future” – the first time in fan experience; and we will take FIFA’s history that it has published a greater ownership of the business roadmap for how to most effectively operations for our showcase events. grow the game, enhance the football This will enable us to deliver on our experience for fans and players and commitment to the game and its build a stronger institution. billions of fans.”

“Our vision – to promote the game, President Infantino said the work protect its integrity and bring the planned under the new vision game to all – will set the path forward demonstrates the far-reaching nature for our work. A three-part strategy of the change underway at FIFA. As supports this vision,” said the FIFA part of this work, FIFA will: President. “We will invest in the game,

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• Invest USD 4 billion over the next football and FIFA. “This is a living decade in football development document, and we look forward to through FIFA’s 211 member engaging with the member associations under the FIFA Forward associations, the confederations, our Programme and additional funding commercial affiliates and other initiatives. stakeholders as we continue our work to fulfil our mission,” said the • Increase total participation in Secretary General. “With the football – players, coaches, referees organisational improvements we have and fans – from 45 to 60 percent of the made and the reforms we are global population. implementing, FIFA is a stronger • Set the goal of doubling, to 60 institution today than it was a year ago million, the number of female football – and it will be even stronger a year players worldwide by 2026 through the from now. This vision will further development and execution of a energise the FIFA administration as we strategy to bring women’s football to plan for the future.” the mainstream. President Infantino laid out a number • Change the current model to take of actions that will be taken to achieve more direct control of critical business FIFA’s three key objectives: operations, including FIFA World Cup ticketing and FIFA World Cup Grow the game – FIFA today organising activities, and establish announced: working groups to evaluate the process • That as part of the USD 4 billion of bringing the operations in house, to budgeted for the FIFA Forward better ensure optimal financial returns Development Programme, FIFA will and customer satisfaction, as well as provide its member associations with the highest standards of transparency more than USD 100 million on an and good governance. annual basis to professionalise football administration, which will include Speaking at the launch of the vision, critical investment in governance, FIFA Secretary General Fatma compliance and operations to ensure Samoura said that the administration best-in-class efficiency and is eager to work with the football performance. community on the restructuring of

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• Over the next decade, FIFA will new ticketing subsidiary that will be commit up to USD 315 million for under FIFA’s control, fundamentally member associations to incentivise changing how ticketing has historically investment in the development of the been managed. FIFA has today created women’s game, including funds for the a working group to consider the most successful organisation of girls’ efficient and effective structure ahead leagues, womens’ professional leagues, of the 2022 FIFA World Cup in Qatar. and the creation of a development • FIFA will work to implement a new, strategy for the women’s game. This is more efficient operating model for the in addition to the resources committed organisation’s highest-profile event, through the new and fully developed the FIFA World Cup, moving from a Women’s Football Division. local organising committee (LOC) managed by different in-country staff • FIFA will work with the for each FIFA World Cup, to a confederations on club licensing, a set centralised management operating of minimum operational standards in structure. A working group has been key areas such as stadium safety and established to liaise with all youth development, all ultimately stakeholders and the group’s focused on helping grow and recommendations will be applied as of professionalise club football around the 2022 FIFA World Cup. the world. • As part of this work, FIFA will also Enhance the experience – FIFA reassess the current World Cup today announced: bidding process and recommend • FIFA will change the ticketing concrete changes, building upon recent operations for FIFA competitions as a improvements in the process, to means of developing closer ensure an efficient and transparent relationships with the fans, ensuring bidding competition featuring sound the quality of the fan’s ticketing technical analyses and open experience, and realising the full engagement with the relevant potential of the gate revenues stakeholders. associated with FIFA’s showcase • FIFA will study the concept of a competitions. FIFA will either bring “FIFA venture fund” and determine the operations in house or establish a the best path forward related to

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Page | 54 potential investments in emerging  Modernising the FIFA app to technologies central to the future of improve the football experience, the game. These technologies would not only for fans who experience impact on FIFA’s delivery of its world- football inside and outside the class competitions and the overall stadium and at home, but also for football experience – both on and off commercial affiliates that seek the pitch – for all stakeholders, new means of further promoting including players, fans, referees, their brand through football. coaches and commercial affiliates.  Working with FIFA’s business These investments will likely centre on partners to leverage technological technology, media, data, player safety advances in the distribution of and broadcast content, as well as other digital content to bring more opportunities. Working more closely football to more fans on more with the venture capital community devices in more locations. will also create a more entrepreneurial mindset at FIFA and provide career and staff development opportunities. • FIFA will increase its role in the exploding eSports market, which in • FIFA has established a team to 2015 generated revenues of almost develop a comprehensive mobile and USD 1 billion, and work to capture a digital strategy designed to better greater share of that market by better engage FIFA’s stakeholders. The work leveraging the popularity of the FIFA will build upon FIFA’s established video game and the FIFA Interactive platforms, including the FIFA app, World Cup. The administration will which was downloaded 30 million establish a dedicated team to explore times around the FIFA World Cup opportunities and develop a business 2014. This team has begun: strategy that ensures FIFA is

 Creating a “Fan Interaction responsive to current trends and able Management” system designed to to quickly adapt to developing trends enhance the relationship between in the eSports industry. FIFA and football supporters and Build a stronger institution – allow FIFA to communicate with, FIFA today announced: learn from and listen to fans.

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• That it will study the creation of an individual affected by FIFA’s activities. “Impact Investment Fund”, working Proactively responding to this with other stakeholders, leading obligation, FIFA will convene a financial institutions and global gathering of all relevant stakeholders development banks, on ways to in 2017 to discuss the important potentially deploy capital that can be matters of human rights and gender invested in infrastructure and support equality and the role that FIFA will other financing needs of member play in the preservation of these basic associations and the confederations. In rights. doing so, FIFA will be taking FIFA’s new leadership has made advantage of an emerging investment significant progress in changing the trend that focuses on creating positive organisation during the past eight social change, while working to months, laying the groundwork generate sustainable financial returns necessary to achieve the vision. As part for investors. This concept will be a of this work, FIFA has made senior- topic of discussion during upcoming level appointments to key positions gatherings with the member related to reform goals, and addressed associations. governance and financial issues in five areas: FIFA World Cup ticketing, the

FIFA World Cup Local Organising • Widening the scope of its Committee structure, the bidding engagement around the globe, FIFA process for the FIFA World Cup, will create 11 regional offices in key commercial contracts and the locations by 2018. Doing so will enable distribution of funds to the member the organisation to be more responsive associations. to the needs of its member associations and will also improve FIFA’s ability to Additionally, the FIFA administration monitor the implementation of the has taken steps to address issues FIFA Forward Development regarding salaries and compensation, Programme. and administration expenses generally. This involves ongoing forensic and • The breadth and impact of FIFA’s financial audits, the development of global operations creates a duty to clear and transparent budget and preserve the inherent dignity and accounting processes, systematic equal rights of each and every

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Page | 56 tenders for all service providers, and the standards for others to follow. systematic checks for conflicts of President Infantino will convene a interest. No international sports series of meetings with member governing body is better positioned to associations, the confederations and organise world-class competitions, other stakeholders during the next galvanise supporters globally and several weeks and months, during deploy resources for maximum impact. which he will discuss FIFA 2.0 with the And FIFA is on the right path to leaders of the international football building an organisation that will set community.

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#10 ICC BOARD MEETING: OUTCOMES

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The ICC Board meetings concluded in associate cricket to drive up playing Cape Town on Friday with ICC standards. Chairman Shashank Manohar Decisions taken by the ICC Board wrapping up the week of committee are as follows: meetings with a full ICC Board meeting. USACA

A number of decisions have been The ICC Board considered a proposed taken, particularly around the governance structure prepared by the governance of cricket in the USA, USA Sustainable Foundation Advisory women’s cricket and funding of Group, together with USACA’s

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Page | 58 comments and approved a modified Cricket Australia, hosts for the men’s version for incorporation by USACA. and women’s ICC World Twenty20 in 2020, proposed holding the women’s The proposed governance structure, tournament as a stand-alone event six which also includes a new board months ahead of the men’s edition. structure with representation from The ICC Board approved this request across the cricket community, considering it a big step forward for independent directors and elite the women’s game in a market where players, is aimed at unifying the sport there is a clear appetite for women’s in the USA. cricket given the success of the WBBL. The governance structure and Chairman of the ICC Governance underlying constitution will now be Committee and Cricket Australia shared with USACA who will be David Peever said that Women’s requested to approve its cricket is undoubtedly gaining in implementation by 15 December 2016. popularity around the globe and we ICC Chairman Shashank Manohar felt that by separating the two events said that they have spent considerable we could accelerate that growth. time working towards the unification Having the ICC Women’s World of the USA cricket community and Twenty20 as a stand-alone event making USACA compliant with the means we can hold it in stadiums that reinstatement conditions imposed by we can fill, put on TV at prime-time the ICC Board in June 2015. Our and ensure it has the space to be decision has been taken in the interest promoted away from the shadow of of all of cricket in the USA for the the men’s game. WBBL has taught us good of the game. We have heard the that there is an audience for women’s views of all stakeholders and believe cricket both live and on prime-time this is a good governance structure television and this decision means we capable of bringing the sport together have the opportunity to hold the and we would now encourage USACA biggest women’s sporting event ever to adopt it as part of the fulfilment of held in Australia. its reinstatement conditions. ICC Governance ICC Women’s World Twenty20 2020

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Work continues on the future be given to each of the other Associate governance structure of the ICC, Members with ODI and T20I status including the revenue sharing model, for the same purpose. This investment and a comprehensive proposal is is to continue to increase the number expected to go to the ICC Board early of competitive teams on the world in 2017. stage and comes on top of their existing member distribution. International Cricket Structures Going forward, it was agreed that a There was further discussion around policy be developed as part of the the structure of international bilateral governance review under which future cricket as members collectively aim to requests will be considered. bring greater context across all three formats of the game with more First-Class Domestic Cricket in progress made. Further work will be Ireland undertaken around scheduling before The ICC Chief Executives’ Committee a full proposal for consideration will approved an application from Cricket go to the ICC Board in February. Ireland to award first-class status to Funding of cricket Ireland’s domestic competition the The PCB made a request for a special Inter-Provincial Championship and by assistance fund to be allocated to extension to its Inter-Provincial ODI Pakistan in light of its financial issues and T20 competitions. related to not being able to compete at ICC Chief Executive David Richardson home. The ICC Board, on the said that Cricket Ireland’s Inter- recommendation of the Financial and Provincial Championship is well Commercial Affairs Committee, structured and provides a clear agreed that some form of assistance pathway for players from under-age will be provided and the matter will be through to inter-provincial to the discussed with PCB going forward. national team. The Championship is The ICC Board also approved further professionally run, played mainly in payments of $500,000 to Ireland and international standard venues and Afghanistan, repeating the additional some games are live streamed and I’d ICC investment of 2016 to stage more like to commend Cricket Ireland on ODIs and T20Is. $250,000 will also

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Page | 60 the work they have done to achieve Cricket League Division 3 in 2017 first class domestic status. subject to ICC management being satisfied as to necessary security ICC World Cricket League arrangements being put in place and Division 3 operational costs being reduced. The ICC Board approved a proposal for Uganda to host the ICC World

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#11 CYBER SECURITY UPDATE: WADA’S INCIDENT RESPONSE

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The cyber hacker Group “Fancy Bear” Sweden, one from Venezuela, one from released a batch of confidential athlete South Africa and three from the United data on their website, which they States. The athletes are from the sports illegally obtained from a Rio 2016 of Aquatics, Canoe, Cycling, Olympic Games account of WADA’s Equestrian, Field Hockey, Gymnastics, Anti-Doping Administration and Judo, Rowing, Sailing, Table Tennis, Management System (ADAMS). This Tennis, Triathlon and Weightlifting. time, the group released Therapeutic- WADA is taking this situation Use Exemption (TUE) data concerning concerning athlete privacy very 20 athletes from 14 countries, seriously. The incident response team including: one from Argentina; one that we have assembled is actively from Australia, one from Brazil, one working with law enforcement from Canada, one from Colombia, one agencies in Canada and elsewhere, and from Germany, one from France, one acting on the intelligence obtained from Great Britain, three from Japan, through our investigations to prevent two from New Zealand, two from any further intrusions. We are also

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Page | 62 consulting with leading cyber security overwhelming acceptance from experts to ensure that no further athletes, physicians and all anti-doping information is accessed from the stakeholders worldwide. The criminal broader ADAMS. Fancy Bear obtained activity undertaken by the cyber access to the Rio 2016 Olympic Games espionage group, which seeks to account through spear phishing of undermine the TUE program and the ADAMS users’ email accounts through work of WADA and its partners in the which hackers obtained ADAMS protection of clean sport, is a cheap passwords. We still have no reason to shot at innocent athletes whose believe that they have accessed the personal data has been exposed. broader ADAMS system. Fancy Bear illegally obtained the data The Agency is in contact with the from an account in WADA’s Anti- relevant National Anti-Doping Doping Administration and Organizations (NADOs) and Management System (ADAMS) created International Federations (IFs) whose especially for the Rio 2016 Olympic athletes are impacted by this latest Games (Rio 2016 ADAMS Account); data release so that they can provide and, therefore, has access to the TUE them with the necessary support. history of athletes that participated in the Games.

The broader ADAMS was not As has been reported in the media, compromised in the attack. since 13 September the cyber espionage group “Fancy Bear” has Upon learning of the incident, WADA been releasing batches of confidential promptly formed a multi-disciplinary athlete data regarding Therapeutic Use incident response team, comprised of Exemptions (TUEs) on its website. internal and external resources, The TUE process is a means by which including representatives of its IT, an athlete can obtain approval to use a legal, and communications teams. The prescribed prohibited substance or Agency also started to liaise with method for the treatment of a leading law enforcement agencies in legitimate medical condition. The TUE Canada and elsewhere on all aspects of program is a rigorous and necessary this investigation, including decisions part of elite sport, which has on taking down information from the

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Fancy Bear website and other social accounts for WADA representatives, media sites. who were part of WADA’s Independent Observer (“IO”) In the interest of keeping stakeholders program for the 2016 Olympic apprised of its handling of the matter, Games. WADA has prepared the following  Before and during the 2016 Games, Summary, which includes an overview third party hackers targeted a of the incident and outlines actions number of WADA and IOC email that the Agency has taken to date to accounts for an email spear phishing contain the breach. attack; which, potentially led to the It should be noted that WADA’s compromise of certain ADAMS investigation is ongoing; and so, while passwords. Note: A phishing email the Agency wishes to keep aims to trick the recipient into stakeholders informed, it is mindful of divulging information, such as their the risks of disclosing information that username and password, to gain might compromise the integrity of its access to an application of interest. investigation.  WADA’s technical and forensic

Summary team’s current assessment is that an intruder illegally accessed the Rio  In June 2016, WADA created the Rio 2016 ADAMS Account multiple times 2016 ADAMS Account to hold between 25 August 2016 and 12 Olympic athlete information September 2016, using credentials required to fulfill the doping control unlawfully obtained from one of program at the 2016 Olympic Games. these targeted users. Following its creation, the  On 13 September, the intruder, International Olympic Committee calling itself “Fancy Bear,” released (IOC) had full administrative the first batch of data, comprising authority over this Account. As TUE information, on its website. The administrator of the Account, the intruder has since released data IOC created Account credentials for related to current and expired TUEs those responsible for running the on five other occasions – always in anti-doping program during the relation to athletes who competed at Games, including establishing two the 2016 Olympic Games. The

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released data all corresponds to the any evidence of additional data thefts that occurred between 25 compromise to ADAMS data beyond August and 12 September as the export of the Rio 2016 ADAMS described above. Account data through 12 September, as described above.  Upon learning of the intrusion into the ADAMS system on 13 September,  In addition to broad stakeholder and WADA began taking additional media communications immediately actions that same day to secure the after each leak, WADA has contacted, system and contain the known and will continue to contact as impact of the attack, including: necessary, all athletes impacted and their Anti-Doping Organizations o deactivation of all Rio 2016 (ADOs) – both International ADAMS accounts; Federations (IFs) and National Anti- o disabling the self-service “forgot Doping Organizations (NADOs) – so password” reset feature; that they can provide them with the o increasing logging capabilities necessary support. related to security events;  Additionally, WADA has advised all o increased monitoring of logs and ADAMS users to vigilantly monitor network activity; and their electronic communications and remain alert for attempted phishing o deactivation of dormant accounts. schemes. In this regard, WADA was  WADA also promptly engaged informed last week that some users FireEye Inc., d/b/a Mandiant, a have received suspicious emails, premier security and forensic purportedly from WADA’s Deputy consulting firm, to conduct a Director General, Rob Koehler, thorough and comprehensive advising them that WADA’s investigation of WADA’s assets, President wanted to speak with them networks, and systems, including regarding the cyber-attacks. To be ADAMS, to determine the scope of clear, no such email was ever sent by the intrusion and access to data the Deputy Director General. Please stored on such systems, and to remain vigilant to such scams. contain any ongoing threat. As of 5 October, Mandiant’s analysis is over  It should also be noted that in the 90% complete, and it has not found course of its investigation, WADA

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has determined that not all data released by Fancy Bear (in its PDF documents) accurately reflects ADAMS data. However, we are continuing to examine the extent of this as a priority and we would encourage any affected parties to contact WADA should they become aware of any inaccuracies in the data that has been released.

 In terms of longer term actions that WADA is taking to further enhance ADAMS security, in addition to implementing additional authentication controls, the Agency is enhancing its security logging and monitoring program; and, will complete a full assessment to enhance vulnerability and security controls. The Agency will also provide more guidance to users regarding how they can prevent the inadvertent communication of passwords to third parties who uses pearfishing techniques.

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#12 WADA PROHIBITION LIST 2017: MAJOR MODIFICATIONS

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World Anti-Doping Agency (WADA) led by WADA, beginning with an initial published the 2017 List of meeting in January and concluding Prohibited Substances and with the publication of the List by 1 Methods; along with, the 2017 October. This is an extensive nine- Summary of Major Modifications month consultation process which and Explanatory Notes. The List - includes gathering information, which designates what substances and circulating a draft list, stakeholder methods are prohibited both in- and submissions, committee out-of-competition, and which recommendations and the approval of substances are banned in particular the List by WADA’s Executive sports - was approved by the Executive Committee during its September Committee on 21 September and meeting. It should be noted that, for comes into force on 1 January 2017. athletes who have a legitimate medical The List’s annual revision process is reason for using a prohibited

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Page | 67 substance or method that is on the SUBSTANCES AND List, they can be accommodated via MIMETICS the International Standard for • To extend the scope of Erythropoietic Therapeutic Use Exemptions (ISTUE), Stimulating Agents, GATA inhibitors which has overwhelming acceptance (e.g. K-11706) and Transforming from athletes, physicians and anti- Growth Factor- β (TGF-β) inhibitors doping stakeholders worldwide. (e.g. sotatercept, luspatercept) were PROHIBITED SUBSTANCES added. • The International Nonproprietary Name (INN) of FG-  S1 ANABOLIC AGENTS 4592, roxadustat, was added. • Compounds boldenone, boldione, 19- • Molidustat was added as another norandrostenedione, and nandrolone example of HIF stabilizer. • Cobalt: It have been transferred and 19- is re-iterated that vitamin B12, which norandrostenediol added to the S1.b contains cobalt, is not prohibited. section because they can be produced endogenously at low concentrations.  S3 BETA-2-AGONISTS This change does not affect the • The reference to isomers was prohibited status of these substances. simplified. The interpretation and reporting of findings for these substances is • Examples of selective and non- addressed in specific Technical selective beta-2-agonists were added Documents (TD2016IRMS and/or (fenoterol, formoterol, higenamine, TD2016NA). indacaterol, olodaterol, procaterol, reproterol, salbutamol, salmeterol, • 5α-androst-2-ene-17-one, commonly terbutaline, vilanterol). known as “Delta-2” or 2-androstenone, was added as an example of metabolite • Higenamine is documented to be a of DHEA, more recently found in constituent of the plant Tinospora dietary supplements. crispa, which can be found in some dietary supplements and is a non-  S2 PEPTIDE selective beta-2-agonist. HORMONES, GROWTH FACTORS, RELATED • Dosing parameters of salbutamol were refined to make it clear that the

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• The maximum dosage for salmeterol  S6 STIMULANTS was stated according to the manufacturers’ recommendations. • Lisdexamfetamine was added to S6.a; it is an inactive pro-drug of • Studies are ongoing to establish an amfetamine. appropriate urinary threshold concentration for inhaled salmeterol. • In the absence of an INN for At present, the Technical Document methylhexaneamine, its International TD2015MRPL recommends not to Union of Pure and Applied Chemistry report salmeterol below 10 ng/mL. (IUPAC) name, 4-methylhexan-2- amine, was added. A number of other  S4 HORMONE AND synonyms exist for METABOLIC methylhexaneamine including: 1,3- MODULATORS dimethylamylamine, • Androsta-3,5-diene-7,17-dione dimethylpentylamine; (arimistane) was added as a new methylhexamine; methylhexanamine; example of aromatase inhibitor 1,3-dimethylpentylamine.

PROHIBITED METHODS • Regular food consumption will not yield sufficient levels of  M1 MANIPULATION OF phenylethylamine to result in an BLOOD AND BLOOD Adverse Analytical Finding. COMPONENTS  S7 NARCOTICS • Supplemental oxygen administered by inhalation, but not intravenously, is • Nicomorphine was added. It is an permitted. To clarify this, M1.2 now opioid analgesic drug, which is reads “excluding supplemental oxygen converted to morphine following by inhalation”. administration.

Substances and Methods Prohibited  S9 GLUCOCORTICOIDS In-Competition

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• After consideration of stakeholders’ comments, no changes were made in this section for 2017.

MONITORING PROGRAM

The following were added to establish patterns of use:

• Codeine;

• Concurrent use of multiple beta-2- agonists.

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#13 CASE LAW ALERT

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RUSSIAN PARALYMPIC COMMITTEE V. INTERNATIONAL PARALYMPIC COMMITTEE

FACTS Paralympic sport benefitted from this program. By letter dated 22 July 2016, On 18 July 2016, the report the IPC notified the RPC that it had commissioned by the World Anti- opened suspension proceedings Doping Authority (WADA) from against it, based on a list of seven, non- Professor Richard McLaren as the exhaustive facts that it believed were Independent Person was released (the established according to the IP Report “IP Report”). In the IP Report, (the “Letter”). By letter dated 28 July Professor McLaren and his team 2016, the IPC – inter alia – requested reported that they had identified and the agreement of the RPC to appoint verified evidence that led them to the CAS as the Appeal Panel described conclude beyond reasonable doubt that in Article 3.3.2.4 of the IPC Policy of the Russian Government had Suspension of Member Organisations. developed, implemented and By letter dated the same day, the RPC controlled a State-run doping program informed the IPC that it wished to be over a period from at least late 2011 heard in person by the Governing until August 2015. The report also Board (“GB”) of the IPC and informed stated that Russian athletes from

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Page | 71 the IPC of the names of its delegation. the IPC Anti-Doping Code and the Furthermore, the letter stated that World Anti-Doping Code (the “WADA “[a]s for the appeal procedure Code”) (the “Decision”). As a including our agreement to appoint consequence of that suspension, by the Appeal Panel, we consider it is early application of article 9.6 of the IPC now to discuss these issues while IPC Constitution, the RPC could not enter GB decision on the suspension athletes in competitions sanctioned by proceedings is not known.” the IPC, relevantly, the upcoming Paralympic Games in Rio. On 11 By letter dated 29 July 2016, the RPC August 2016, the parties entered into a commented and objected to the seven, written “Arbitration Agreement”, nonexhaustive list of facts mentioned signed on behalf of the parties. The in the IPC letter dated 22 July 2016. In Arbitration Agreement provided – its letter dated 1 August 2016, the IPC inter alia – for a procedural timetable acknowledged receipt of the RPCS’s and a CAS Panel constituted as letter dated 29 July 2016. By letter follows: Dr. Ulrich Haas (nominated dated 3 August 2016, the RPC by the IPC); Mr. Efraim Barak provided its answers to the follow-up (nominated by the RPC) and “a questions posed by the IPC on 1 August President, to be appointed by CAS 2016. 12. On 3 August 2016, a seven- pursuant to Article R54 of the CAS person delegation from the RPC visited Code.” the IPC’s headquarters to present its case in person. Twelve of the 15 IPC APPLICABLE LAW GB members participated in the  Article R58 of the Code meeting. After a further exchange of provides as follows: The emails between the parties and after Panel shall decide the sending the RPC a warning, as well as dispute according to the hearing the RPC in writing and orally, applicable regulations and the IPC, on 7 August 2016, suspended the rules of law chosen by the membership of the RPC with the parties or, in the immediate effect due to its asserted absence of such a choice, inability to fulfil its IPC membership according to the law of the responsibilities and obligations, in country in which the particular its obligation to comply with federation, association or

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sports-related body which governs the establishment has issued the challenged of the IPC and gives it decision is domiciled or legal personality). according to the rules of  Section 4 complies with law, the application of Article 187 para.1 of the which the Panel deems Swiss Private International appropriate. In the latter Law Act (“PIL”), where the case, the Panel shall give traditional principle of the reasons for its decision. freedom of the parties to  In Section 4 of the choose the law that the Arbitration Agreement, the arbitral tribunal has to parties agreed as follows: apply to the merits of the  Pursuant to Article R58 of dispute is fully recognised. the CAS Code, the CAS  In recognition of Article Panel will decide the R58 of the Code and dispute according to the Article 187 para.1 of the applicable regulations PIL, the Panel has no (including, without reason to deviate from the limitation, the IPC will of the parties and, Constitution, the IPC unless otherwise noted, Bylaws and the IPC Policy applies such law when on Suspension of an IPC deciding this dispute as set Member Organisation) forth above accordingly. and, subsidiarily, to Swiss Under Art. 3.3.1 of the IPC Policy of law (save for specific Suspension of Member Organisations issues on the and Under Art. 3.7 of the Constitution, interpretation of the the Decision may be appealed. The relevant governing RPC decided to appeal the Decision. documentation where, in the opinion of the Panel, it I. The Legal Framework is more appropriate and  Under clauses 9.2.2 and natural to defer to the 9.3 of the IPC position under German Constitution, a member Law; being the law that

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may be suspended by the fundamental ethical IPC Governing Council for principles are upheld; failing to fulfil its  Contribute to the creation obligations as a member as of a drug-free sport defined in the IPC environment for all Constitution. Amongst Paralympic athletes in others, a member’s conjunction with the World obligations include the Anti-Doping Agency following: (WADA)  Respect and abide by the II. The Issues IPC Constitution, the IPC bylaws, codes, rules, The parties have filed detailed regulations and any other submissions and also presented decisions taken by the IPC evidence. At the hearing, the parties General Assembly and the agreed that the issues can be IPC Governing Board; in considered under the following particular to comply with headings: the World AntiDoping A. Whether there has been a violation Code, the IPC of the RPCs membership obligations; Classification Code, and the IPC Medical Code. B. Whether the IPC complied with the  Contribute to the correct procedures as set out in art. 1 of development of the vision, the Policy to effect the suspension of mission, objects, purposes the RPC; and and goals outlined in the C. Whether the decision to suspend the IPC Constitution. RPC, with the consequential effect on  Ensure that, in sport Russian Paralympic athletes, was practiced within the proportionate. Paralympic Movement, the spirit of fair play prevails, The relevance of the decision of the violence is banned, the IOC as to the participation of Russian health risk of the athletes athletes following the IP Report . The is managed and Appellant points to the way in which the IOC dealt with the participation of

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Russian athletes in the Games of the powerlifting, shooting, snowboard, XXX1 Olympiad in Rio de Janeiro swimming and wheelchair dance following the publication of the IP sport), and in such capacity it is Report. In particular, it points to the responsible for the governance of the IOC recognition that the IP Report sport, and for coordinating and made no findings against the Russian supervising World Championships and Olympic Committee as an institution. other competitions. Therefore, at least It points out that no findings were in these ten Paralympic sports, the IPC made against the RPC and that the IP decision stands on the same level as Report does not mention the the various decisions of the IFs. involvement of the Appellant in the Finally, the Panel notes that on a alleged doping scheme. substantive construction the IOC The Panel is of the view that the decision and the IPC Decision are not decision of the IOC following the IP in contradiction. In the IOC Decision Report is not determinative of the dated 24 July 2016, the latter provided issues in the present case. The IOC and the following guidelines to the IPC operate under different charters international federations to handle the and constitutions and are entitled to so-called Russian doping scandal: come to different conclusions as to 1. The IOC will not accept any entry of how best to respond to factual any Russian athlete in the Olympic circumstances. The decision of one Games Rio 2016 unless such athlete does not bind the other. For example, can meet the conditions set out below. when the IOC referred the consideration to the individual 2. Entry will be accepted by the IOC International Federations, there were only if an athlete is able to provide different responses, none of which has evidence to the full satisfaction of his been demonstrated to have been or her International Federation (IF) in inappropriate. Furthermore, and as relation to the following criteria: The opposed to the IOC, the IPC itself is IFs, when establishing their pool of actually the International Federation eligible Russian athletes, to apply the for 10 Paralympic Sports (alpine World Anti-Doping Code and other skiing, athletics, biathlon, cross principles agreed by the Olympic country skiing, ice sledge hockey, Summit (21 June 2016). The absence

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Page | 75 of a positive national anti-doping test 5. The entry of any Russian athlete cannot be considered sufficient by the ultimately accepted by the IOC will be IFs. The IFs should carry out an subject to a rigorous additional out-of- individual analysis of each athlete’s competition testing programme in antidoping record, taking into account coordination with the relevant IF and only reliable adequate international WADA. Any non-availability for this tests, and the specificities of the programme will lead to the immediate athlete’s sport and its rules, in order to withdrawal of the accreditation by the ensure a level playing field. The IFs to IOC” (emphasis added). 100. It follows examine the information contained in from the explicit wording of the above the IP Report, and for such purpose guidelines that the IOC was not seek from WADA the names of athletes opposed to (but rather mandated) the and National Federations (NFs) exclusion of a member federation on implicated. Nobody implicated, be it the condition that there was a proper an athlete, an official, or an NF, may be provision within the statutes and accepted for entry or accreditation for regulations of the international the Olympic Games. The IFs will also federation to provide for such an have to apply their respective rules in exclusion. VIII. COSTS 101. Article relation to sanctioning of entire NFs. R64.4 of the CAS Code provides the following: At the end of the 3. The ROC is not allowed to enter any proceedings, the CAS Court Office shall athlete for the Olympic Games Rio determine the final amount of the cost 2016 who has ever been sanctioned for of the arbitration, which shall include: doping, even if he or she has served the the CAS Court Office fee, the sanction. administrative costs of the CAS 4. The IOC will accept any entry by the calculated in accordance with the CAS ROC only if the athlete’s IF is satisfied scale, the costs and fees of the that the evidence provided meets arbitrators, the fees of the ad hoc clerk, conditions 2 and 3 above and if it is if any, calculated in accordance with upheld by an expert from the CAS list the CAS fee scale, a contribution of arbitrators appointed by an ICAS towards the expenses of the CAS, and Member, independent from any sports the costs of witnesses, experts and organisation involved in the Olympic interpreters. The final account of the Games Rio 2016. arbitration costs may either be

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Page | 76 included in the award or travel to the hearing, the Panel deems communicated separately to the it appropriate that each party bear its parties. 102. Article R64.5 of the CAS own legal and other costs associated Code reads as follows: In the arbitral with this procedure. award, the Panel shall determine which party shall bear the arbitration costs or in which proportion the parties shall share them. As a general rule, the Panel has discretion to grant the prevailing party a contribution towards its legal fees and other expenses incurred in connection with the proceedings and, in particular, the costs of witnesses and interpreters. When granting such contribution, the Panel shall take into account the complexity and outcome of the proceedings, as well as the conduct and the financial resources of the parties. 103. Taking into account the outcome of the arbitration, and the specific circumstances that gave rise to the dispute, the Panel finds it reasonable that the Appellant bear the arbitration costs, as determined and served to the parties by the CAS Court Office. However, considering the parties efforts to streamline this procedure, the expedited nature of the appeal, and noting that the Respondent’s counsel were not required to CAS 2016/A/4745 Russian Paralympic Committee v. International Paralympic Committee – Page 23

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#14 THE COURT OF ARBITRATION FOR SPORT (CAS)

Image Courtesy:rsn.net.au THE COURT OF ARBITRATION FOR SPORT (CAS) ISSUES DECISIONS IN THE CASES OF FIVE RUSSIAN RACEWALKERS

The Court of Arbitration for Sport International Athletics Federation (CAS) has issued decisions in the cases (IAAF) Competition Rules and of Russian racewalkers Elmira sanctioned as follows: Ivan Noskov, Alembekova, Ivan Noskov, Mikhail Mihail Ryzhov, Vera Sokolova and Ryzhov, Vera Sokolova and Denis Denis Strelkov are all sanctioned with Strelkov who all tested positive for a four year period of ineligibility, EPO at the Saransk race walking centre starting on 15 July 2016. Furthermore, on 2 June 2015. All five athletes have all competitive results obtained by been found to have committed an Anti- them in the period 2 June 2015 to 15 doping Rule Violation (ADRV) July 2015 are disqualified, with all the pursuant to Rules 32.1 and 32.2 of the resulting consequences, including the

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Page | 78 forfeiture of any titles, awards, medals, five cases were referred to the same points, prize and appearance money. panel of arbitrators: Prof. Matthew J. Elmira Alembekova is sanctioned with Mitten (USA), President, Professor a four-year period of ineligibility, Ulrich Haas (Germany) and Mr. Chi starting on 17 July 2016. Furthermore, Liu (China). The Panel found that the all competitive results obtained by athletes had each committed an ADRV Elmira Alembekova in the period 2 and that a four-year period of June 2015 to 17 July 2015 are ineligibility was appropriate in the disqualified, with all the resulting circumstances, given that it was a first consequences, including the forfeiture offence and that the athletes did not of any titles, awards, medals, points, establish that the anti-doping rule prize and appearance money. In violations were not intentional, nor February 2016, the IAAF, with the even adduced any evidence or agreement of the athletes, referred the explanation regarding the origin of the cases to the CAS in order for it to act as r-EPO in their urine samples or their a sole instance, decision-making usage of this Prohibited Substance, authority, substituting for the All which meant that there was no basis to Russia Athletic Federation (ARAF), either eliminate or reduce the period of which is currently suspended. These ineligibility.

REQUEST FOR STAY FILED BY REAL MADRID CF GRANTED BY THE COURT OF ARBITRATION FOR SPORT (CAS)

The Spanish club Real Madrid CF has players. Pursuant to such FIFA informed the Court of Arbitration for decision, Real Madrid is prevented Sport (CAS) that it will file an appeal from registering any players at within the next days against the national and international level for the decision rendered by the FIFA Appeals next two complete and consecutive Committee on 8 September 2016, registration periods. Prior to the filing confirming the decision previously of the appeal, Real Madrid CF has taken by the FIFA Disciplinary requested urgent interim measures Committee on 23 July 2015, following from CAS in order to stay the an alleged breach of the FIFA Rules execution of Point 6 of the FIFA concerning the transfer of minor decision. Such request was granted by

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CAS earlier today. Accordingly, only the relevant requests to the Point 6 of the decision is suspended, Subcommittee appointed by the pending the outcome of the appeal due Player’s Status Committee and comply to be filed with the CAS in the coming with all the relevant rules and days. The other elements of the FIFA regulations with respect to the specific decision remain in force for the time cases. Should the club obtain the being. Point 6 of the FIFA decision approval of the subcommittee for reads as follows (free translation from registration/transfer of a player, the the original Spanish text): Real Madrid club shall be exempt of the prohibition CF is granted with a term of 90 days to imposed by the present decision for regularize the situation of the minors the registration/transfer of the within the club. In particular the club authorized minor. shall present, without further delay,

THE COURT OF ARBITRATION FOR SPORT (CAS) REDUCES THE BAN OF MARIA SHARAPOVA TO FIFTEEN MONTHS

The Court of Arbitration for Sport during the 2016 Australian Open (CAS) has issued its decision in the tennis tournament, had tested positive arbitration procedure between Maria for the presence of Meldonium. Ms Sharapova and the International Sharapova waived her right to have the Tennis Federation (ITF). The CAS B sample tested and publicly Panel in charge of the matter has announced that she had inadvertently reduced her period of suspension, by committed an anti-doping rule nine months, from two years to fifteen violation as a result of taking months, beginning on 26 January Mildronate tablets that had been 2016. On 1 January 2016, the World prescribed by her doctor for many Anti-Doping Agency’s latest list of years since she and her team had failed prohibited substances came into force to notice that Meldonium, marketed as and included Meldonium for the first Mildronate, now featured on the time. In March 2016, Ms Sharapova Prohibited List. On 6 June 2016, the was informed by the ITF that a sample Independent Tribunal appointed by she provided on 26 January 2016, the ITF to hear the player’s case found

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Page | 80 that Ms Sharapova had committed an basis of “No Significant Fault”. The ITF anti-doping rule violation, disqualified requested that the Panel reject the her results at the 2016 Australian player’s plea of “No Significant Fault” Open, and imposed a period of and leave the Independent Tribunal’s ineligibility of two years on the player. decision undisturbed. The arbitration On 9 June 2016, Ms Sharapova filed an was conducted by a panel of CAS appeal at the CAS against the arbitrators: Prof. Luigi Fumagalli, Italy Independent Tribunal’s decision, (President), Mr Jeffrey G. Benz, USA arguing that she did not take and Mr David W. Rivkin, USA. The Mildronate to enhance her Panel held a hearing with the parties in performance and that her period of New York on 7 and 8 September 2016. ineligibility should be reduced on the

ESSENDON CASE: THE APPEAL FILED BY 34 PLAYERS IS NOT ENTERTAINED BY THE SWISS FEDERAL TRIBUNAL

In the arbitration procedure between the rule providing for a de novo 34 current or former players of hearing (i.e. for a procedure allowing Essendon FC (Australian Football) and the CAS to conduct a full review of the the World Anti-Doping Agency case)), they had lost their right to (WADA), the Australian Football challenge the CAS jurisdiction in League (AFL) and the Australian appeal. The SFT added that, even if the Sports Anti-Doping Authority jurisdiction of CAS had been properly (ASADA), the Swiss Federal Tribunal challenged by the players, CAS (SFT) has decided not to entertain the jurisdiction in this matter would have appeal filed by the players against the been confirmed and the appeal would CAS award of 11 January 2016 have been dismissed. As a imposing a 2-year ban on each player consequence, the Arbitral Award following an anti-doping rule violation. rendered in this matter and the The SFT determined that since the sanctions imposed on the players players did not formally challenge the remain in force. jurisdiction of CAS during the arbitration procedure and accepted the application of the CAS Rules (including

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