Efnisyfirlit

• Cover
• Title
• Copyright
• Foreword
• Foreword from the first edition
• Preface
• Contents
• Table of Abbreviations
• Table of Cases
• Table of Legislation and International Instruments
• 1. The Nature of Sports Law
• An Introduction to the Subject
• The Aim of this Book
• The Development of Sports Law
• Influence of the Olympic Movement
• 2. Overview: Framework of the Law Relating to Sport
• The Legal Nature of Sporting Associations
• Constitution of International, National and Local Sports Bodies
• Governance in Sport: The Responsibilities of Governing Bodies
• Interpretation of the Rules of Sporting Bodies
• Rights and Obligations Created by Contract
• Sport and the Criminal Law
• The Law of Tort in Sport
• Public Law Principles in Sport
• Statute Law and Sport
• Protection of Children in Sport
• Application of European Union Law to Sport
• European Convention on Human Rights
• 3. Access to Sporting Competitions
• Introduction: Entry Criteria in Sport
• The Duty of Fairness Owed by Sporting Bodies to Outsiders
• Contractual Claims Asserting a Right to Participate
• Restraint of Trade and the Right to Participate
• Non-Contractual Claims Asserting a Right to Participate
• EU Law and Access to Sporting Competitions; Competition Law and the Right to Participate
• Applicable Provisions of EU Law
• Selection Rules
• The Organisation of Sport on a Territorial Basis
• Promotion Criteria
• Common Ownership of Competing Clubs
• Restrictions on the Organisation of New Competitions
• 4. Players’ Rights
• Introduction: Relations between Players and Clubs Generally
• Formation of the Player/Club Relationship
• The EU Free Movement Rules
• Scope of Application
• Substantive Application of Article 45 TFEU and the Other Free Movement Provisions
• Transfer Rules
• Application of the EU Free Movement Provisions to Transfer Rules
• Articles 101 TFEU and the Chapter I Prohibition of the Competition Act 1998
• Restraint of Trade
• Nationality-Related Restrictions
• Contracts Involving Minors
• Content of the Player/Club Relationship
• Terms and Conditions of Work
• Salary Caps
• Discrimination
• Common Law
• The Equality Act 2010
• Examples of Discrimination Cases in the Context of Sport
• Child Protection in Sport
• Chapter 1: The VBS
• Chapter 2: Changes to the CRB Regime
• Consequences
• 5. The Regulation of Play
• Introduction
• Prohibited Sports
• Organisation and Competition
• Introduction
• Statute
• Tort and Sport
• Generally
• Negligence
• Duty of Participants to Each Other
• Duty of Participants Towards Spectators
• Duty of Participants to Passers-By
• Duty of Referees
• Duty of Coaches
• Duty of Schools
• Duty of Organisers and Promoters
• Duty of Governing Bodies
• Defences
• Nuisance
• Assault
• Damages
• Practical Issues Arising in Sporting Injury Claims
• The Criminal Law
• 6. The Commercial Exploitation of Sport
• Introduction
• Competition Law
• Introduction
• Article 101 TFEU
• Article 102 TFEU
• Application of the Competition Rules in the Sports Sector
• The Specific Nature of Sport
• Market Definition
• Undertakings, Associations of Undertakings
• Agreements, Decisions, Concerted Practices
• Restrictions on Competition under Articles 101(1) and 102 TFEU
• Effect on Inter-State Trade
• Broadcasting
• What are Broadcasting Rights?
• How are Broadcasting Rights Regulated?
• Statutory Regulation
• Broadcasting and Competition Law
• The Relevant Market in Sports Broadcasting Cases
• Collective Selling
• Collective Purchasing
• Exclusivity
• Ticketing Arrangements
• Merchandise Sales
• Sponsorship Agreements
• 7. Disciplinary Proceedings in Sport
• Introduction
• Specific Features
• Subject Matter
• Jurisdiction of Disciplinary Panels
• Validity of Disciplinary Rules
• Interpretation of Disciplinary Rules
• Evidence and Proof
• Standard of Proof
• Procedural Fairness
• The Right to a Fair Hearing
• The Rule Against Bias
• Conclusion
• Penalties
• Costs
• Appeals
• The Practical Management of Disciplinary Issues
• Principles Applied in Disciplinary Proceedings before the CAS
• Disciplinary Cases Involving Alleged Doping
• The World Anti-Doping Agency and the World Anti-Doping Code
• 8. Remedies: The Resolution of Legal Disputes in Sport
• Introduction
• Court Proceedings
• Non-Availability of Judicial Review
• Private Law Claims
• Introduction
• Contract Based and Non-Contract Based Private Law Claims
• Remedies under the Human Rights Act 1998
• Forum and Multiplicity of Proceedings
• Declarations
• Injunctions
• Damages
• Company Law: Unfair Prejudice Petitions
• Jurisdiction, Choice of Law and Forum
• Stay of Proceedings for Mediation
• Stay of Proceedings for Arbitration
• Arbitration in Sport
• Introduction
• The Court of Arbitration for Sport
• The Future of Dispute Resolution in Sport
• Bibliography
• Index