The world has recently witnessed the most prominent Sporting event "FIFA World Cup" played in Qatar. The event intrigued everyone to watch the games or know which team played well in the tournament. The event achieved a record of 5.4 billion cumulative views on different platforms throughout the tournament. Wherein, India has also created history in digital viewership by surpassing TV viewership where 110 million fans streamed the tournament for free. "A Game of Sport" never disappoints and connects the whole world.

Sports have been in existence and played by individuals since time immemorial. Sports can be understood by their activity or the way it is played. There are various recognized forms of Sports that are played at the global level such as Cricket, Football, Basketball, Tennis, Hockey, Badminton, Chess, etc. Over the years, Sports have grown immensely from radio broadcasting to digital viewership, from not having a stadium to having a huge infrastructure, or from simple rules to laws of the game, or from playing on the field to playing at home (Esports). With its global presence, E-sports has emerged as a new "Sport", that is well-recognized by international organizations. With the evolution of Sports, various legal implications emerged in sports, which have evolved as an industry. As no laws were regulating the sector, a dire need was felt to eradicate the grey areas of Sports.

Traditionally, problems arising from a sporting event, or a sports activity were solved with the help of the customary practices of society. Sports Law fundamentally lacked any identifiable body or status to mark its presence in society and is generally managed by not-for-profit bodies. Sports and law were often considered different realms. It is a mere amalgamation of various areas of civil law such as Contract, Labor, Tax, Anti-doping, and Intellectual Property Law. Sports Law was nothing more than the general law applied to the sportsperson or body. "Legallands" has dealt with many such issues dealing with sports persons or sports bodies. Therefore, this article is an attempt to analyze how sports interact with various legal fields including Civil, Commercial & Criminal Laws.

Contract law:

Without a doubt, the law of contracts is the foundation upon which "Sports Law" has been created and is of the utmost significance in the majority of situations where sport and the law are intertwined. Whether a sport is being played at an elite or less competitive level, a contract is constantly at work somewhere.

Sports law contains various agreements, which eventually retain principles of contract law and their importance with respect to the interpretation and application of the terms of agreements.

Mentioned below is the non-exhaustive list of issues where the law of contract has found its place in sports:

  • The engagement of athletes or players by teams or organizations to compete in various sporting competitions and events;
  • Management contract between athletes and managers;
  • Agreements relating to player's IPR rights;
  • Agreements relating to hosting a major sporting competition or event;
  • The sale of media rights in respect of a sporting event or competition;
  • Broadcasting contracts;
  • Sponsorships rights; and
  • Obligation of players in major events or competitions.

The broad range of sports-related issues to which contract law applies result in a broad range of disputes, the resolution of which frequently depends on the use of general contract law principles.

Intellectual Property Law:

Sportspersons, Athletes and even Clubs get global recognition when either of them does well in the sports. However, nowadays, every club or athlete wants to be identified by their own distinct identity. They would prefer to get their Trademark registered, which is then used commercially. For instance, the trademarks for Cristiano Ronaldo's name, initials, and number are CR7 and CR9. Not only do athletes and clubs sign trademark agreements with numerous brands, but they also engage in various Intellectual property agreements. Increasing demands of different entities and players, Intellectual property regulations are in effect to address the issues of athletes and clubs concerning their names, logos, signs, etc.

Employment Law:

Professional sports organizations employ hundreds or even thousands of persons to handle administrative duties, sell items or food and drink, and fill roles as security officers etc. Professional athletes cannot be compelled to work excessive hours or in unacceptable conditions. Employment law can assist in understanding labor laws as they pertain to human rights, as well as ensuring that they are hiring legally, processing taxes and medical leave correctly, and providing the appropriate degree of compensation to their employees.

Corporate laws:

Sports organizations or clubs have to comply with national corporate laws in order to restructure or manage their working structure. However, there are no sport-specific corporate governance codes, to which clubs or organizations adhere in problems like raising funds for insolvency, etc. The legal questions about the management and liability of corporate affairs are purely dependent upon the legal structure of the organizations.

Criminal Law:

Sportspersons sometimes take illegal measures to gain an advantage in sports, whether it be doping or match-fixing, or any such type of criminal intent to succeed in the sports. Instances such as causing serious injury or death to another athlete or individual can result in criminal charges for assault and battery. However, nowadays, in various jurisdictions, betting by sports persons is considered a criminal offense. For athletes, it is imperative not to get indulge in criminal activities and to keep a clean record, and professionals shall understand the nature of things that are meant for them.

Legal issues in Commercial Sports:

Commercial sports involve several legal matters that touch on all of the legal disciplines mentioned above. Sports event organizers have a general duty to ensure safety and take precautions in the interest of participants and spectators. The fair treatment of and labor rights for those who work at various sporting venues might give rise to similar legal difficulties. If an existing team or a new one decides to change its name or logo, it must deal with trademark difficulties.

There are various legal problems that surround athletes, both those that directly harm the athletes themselves as well as those that are committed by the athletes and have an impact on the teams and organizations. This starts with things like new contracts or contract infractions and can progress to criminal activity both on and off the field, as well as injuries experienced during competitions. Legallands has the expertise to deal with issues related to sports persons or sports bodies in various fields of law across nations.

DISPUTE RESOLUTION IN SPORTS:

Age is a significant element for sportspersons in highly competitive sports like football, cricket, basketball, hockey, etc. Athletes only have a finite number of years to compete in their respective sports. Having recourse from national courts for sports disputes was considered a cumbersome procedure. National courts have jurisdiction over sportspersons or clubs depending upon the nature of the dispute. However, national courts are precluded from dealing with cases where there is an arbitration clause between the parties to the dispute or they have exhausted any internal dispute resolution procedures required by applicable law or the rules of the respective association or federation. Furthermore, international committees have formed a structure to deal with sports issues. Hence, the proper hierarchy of decision-makers in sports disputes was established:

National Sports Federations and their Subsidiaries

The primary responsibility for avoiding and resolving sporting disputes lies with national governing bodies or sports organizations. The majority of them are private tribunals with the authority to impose rules and restrictions on their members. They draw their authority from their governing documents, which include rules, regulations, by-laws, and constitutions that serve as a contract between the International Federation and its members. Thus, the contract sets both the legal basis for the organization's authority and the rights and obligations of membership. It is in every organization's best interest to have sound policies relating to the aspects of governance that are frequently the most contentious, such as eligibility and team selection, discipline, hearings and appeals. Every organization has the authority to act and make decisions based on international guidelines.

International Sporting Federations

International federations, which oversee sport and have a role in its development and regulation on a global scale, are at the top of the hierarchy. They possess the power to make laws relating to the game and for the subsidiary bodies to solve international disputes. National sports federations are bound by the rules of the international federations and their decisions have the power to prevent athletes from competing at the international level.

However, the Court of Arbitration for Sport (CAS) resolves disputes between national players or clubs and international federations. The CAS has the power to overturn all decisions made by all national sporting bodies within its jurisdiction. "The Court of Arbitration for Sport" is the apex court for the resolution of a sporting dispute.

Although the law of the nation has a position in sports, it is largely up to the participants and their associates to resolve any disputes or sanctions pertaining to the sport. The courts are reluctant to intervene or give clear opinions to their judgments and whether sporting bodies would ever be subject to judicial scrutiny until the state is directly affected and any violations are committed in accordance with the law of the nation.

Sports Federations and other auxiliary bodies associated with sport, as well as athletes, require 'Formal Sports Legislation' that adheres to the local laws of the nation and which shall provide a complete understanding to the stakeholders regarding their responsibilities.

LEGALLANDS has the requisite experience and skills and network to deal with matters relating to Sports Law such as Player contracts, Broadcasting agreements, Registration of Intellectual property rights, Commercial agreements, etc. Our Expert professional team can study, interpret, and research, strategies- legal and lobbying, negotiate, formulate, and draft contracts &, suits & claims & petitions, etc., for all sorts of International Disputes such as Sale & Purchase of Goods or Services, Joint Ventures and Collaborations, Technology Transfers, Government Contracts, E-Commerce, Banking and Payment Settlements, Third Party Guarantees and many more.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.