Alternative dispute resolutions issues

Group	Teacher	Department	Language
1 - Law Exchange Program 20	Juan Crespo Pérez	Derecho	ENG

COURSE CONTRIBUTION TO PROGRAM

This subject comprises four subject blocks:

The first serves as an introduction and addresses essential elements regarding sports regulations at the national and international levels (sports pyramid and different international actors) as well as how the relations between them have led to what we call Sports Law or `lex sportiva¿ today.

In the following two blocks, we will analyse two key aspects of legal-sporting reality: athletes as subjects of Law and the different sport entities (stakeholders) that coexist alongside athletes (from national and international federations to the International Olympic Committee and the World Anti-Doping Agency, amongst others). These two blocks thus serve to familiarise students with all the different actors in the sports realm, with a special focus on national regulations.

Lastly, in the fourth block of this subject we will examine different conflict resolution mechanisms created and applied by legal-sporting actors, with a special focus on the Court of Arbitration for Sports (TAS/CAS) and the different mechanisms available in Spain.

Course Learning Objectives

- Introduce students to the legal specificities as applied to sports, as well as the institutions regulating sports and how the Law affects each of the actors differently.
- Prepare students to be able to make the appropriate decisions when providing legal-sporting consulting services, familiarizing them with the different tools needed to address any legal issue arising when practicing sports or that affects the different actors.
- Understand the legal-sports structure in general, identifying common problems that can affect any sports manager.
- Provide them practical experience resolving real cases related to Sports Law as well as through debates on current events to enable them to understand different issues in both a dynamic and didactic way.

CONTENT

1. CONTENT 1. Introduction to Sports Law This introduction to Sports Law is based on understanding its pyramid structure, with the Olympic Committee at the top, down to the international federations, national federations and Olympic committees below, followed by the organisations ascribed to the latter (clubs and federations) and ending with the athletes at the base. We will also analyse Spanish reality in depth, as well as the legal-sporting actors that have an impact on the pyramid, such as the World Anti-Doping Agency. We will examine this subject block through lectures along with debates between students and an assignment in which students will have to analyse the requirements to create a sports federation at either the national or international level. 2. Athletes as the pillar of Sports Law Royal Decree 1006, FIFA RSTP, collective bargaining agreements and other norms. Each session in this block will consist of two parts: the first dedicated to a structured and systematized lecture with a practical focus on the norms that affect both professional and amateur athletes as well as the legal-sporting norms that regulate their relation with other actors in the sports realm. We will especially focus on key cases such as the Bosman ruling. The second part of each session will include a structured and practical application of the different elements that have to be considered when preparing a contract for professional athletes. This section requires students to participate actively. This is complemented with a participatory session in which students will present their analyses of jurisprudence, primarily focusing on the elements they believe to be more complex. 3. Other legal-sporting actors We will analyse the following legal-sporting actors in more detail: the International Olympic Committee and the Olympic Charter (with a special focus on the Olympic Games), the World Anti-Doping Agency and the World Anti-Doping Code; international federations (especially FIFA, FIBA and FIA); national federations (RFEF and RFET/FER); and the legal functioning of a football club. In the practical part of this module, we will focus on conflicts between the different legal-sporting actors regarding the right to organise competitions (FIBA-EuroLeague, UEFA/FIFA-Super League) and the obligation to comply with norms regarding doping and integrity in sports. 4. Legal-sporting conflict resolution Each session will comprise two sections, the first dedicated to a structured and systematised lecture on the different means available to resolve legal-sporting conflicts (the Court of Arbitration for Sports (TAS/CAS), national courts and tribunals, Basketball Arbitral Tribunal (BAT), European Handball Federation (EHF) Court, national arbitration options, etc.). In the second part, students will be required to participate and work on that presented in class. At the same time, students will have practical case studies and readings including sentences and jurisprudence to provide insights on the lectures. The majority of this material will be forwarded to students before each session so that they can study them and come prepared to class. In the second part, students can participate in the analysis and resolution of case studies and legal matters they have studied.

1. CONTENT

1. Introduction to Sports Law
This introduction to Sports Law is based on understanding its pyramid structure, with the Olympic Committee at the top, down to the international federations, national federations and Olympic committees below, followed by the organisations ascribed to the latter (clubs and federations) and ending with the athletes at the base. We will also analyse Spanish reality in depth, as well as the legal-sporting actors that have an impact on the pyramid, such as the World Anti-Doping Agency. We will examine this subject block through lectures along with debates between students and an assignment in which students will have to analyse the requirements to create a sports federation at either the national or international level.

2. Athletes as the pillar of Sports Law
Royal Decree 1006, FIFA RSTP, collective bargaining agreements and other norms. Each session in this block will consist of two parts: the first dedicated to a structured and systematized lecture with a practical focus on the norms that affect both professional and amateur athletes as well as the legal-sporting norms that regulate their relation with other actors in the sports realm. We will especially focus on key cases such as the Bosman ruling. The second part of each session will include a structured and practical application of the different elements that have to be considered when preparing a contract for professional athletes. This section requires students to participate actively. This is complemented with a participatory session in which students will present their analyses of jurisprudence, primarily focusing on the elements they believe to be more complex.

3. Other legal-sporting actors
We will analyse the following legal-sporting actors in more detail: the International Olympic Committee and the Olympic Charter (with a special focus on the Olympic Games), the World Anti-Doping Agency and the World Anti-Doping Code; international federations (especially FIFA, FIBA and FIA); national federations (RFEF and RFET/FER); and the legal functioning of a football club. In the practical part of this module, we will focus on conflicts between the different legal-sporting actors regarding the right to organise competitions (FIBA-EuroLeague, UEFA/FIFA-Super League) and the obligation to comply with norms regarding doping and integrity in sports.

4. Legal-sporting conflict resolution
Each session will comprise two sections, the first dedicated to a structured and systematised lecture on the different means available to resolve legal-sporting conflicts (the Court of Arbitration for Sports (TAS/CAS), national courts and tribunals, Basketball Arbitral Tribunal (BAT), European Handball Federation (EHF) Court, national arbitration options, etc.). In the second part, students will be required to participate and work on that presented in class. At the same time, students will have practical case studies and readings including sentences and jurisprudence to provide insights on the lectures. The majority of this material will be forwarded to students before each session so that they can study them and come prepared to class. In the second part, students can participate in the analysis and resolution of case studies and legal matters they have studied.

Methodology

The methodology applied is both practical and theoretical, with one part of each session dedicated to lectures and the other to participatory activities consisting of resolving case studies and assignments related to Sports Law.

The key learning activities in this subject can be completed both individually and/or in groups. Students will be required to resolve practical case studies throughout the subject as well as prepare a final project and participate actively in class debates, presentations, etc.

Assessment criteria

At the end of this subject, faculty will assess students on the results of the different learning activities carried out. There are two different assessment components, each representing 50% of their final marks.

This assessment includes an evaluation of students¿ written answers to the questions presented for their final projects. This component is complemented with the ongoing assessment component which includes class participation and an assignment to be completed outside of class which can be used to improve their final project marks if needed.

Final marks consist of the following:
Written resolution of different questions raised and/or practical cases carried out throughout the subject: 50%
Class participation: 10 %
Final project: 40%

Bibliography

Balmaceda, J. y Casimiro, G (2009): Contrato de esponsorización Deportiva (ed. Cathedra Jurídica).
Cardenal, M., García Caba, M.M. y García Silvero, E.A. (2009): ¿Es necesaria la represión penal para evitar los fraudes en el deporte profesional? (ed. Laborum)
Crespo Pérez, JDD y Frega Navía, R. (2015): Nuevos comentarios al Reglamento FIFA (ed. Dykinson).
Millán Garrido, A. (coordinador) (2015): Compendio elemental de derecho federativo. (ed. Reus)
Millán Garrido, A.(coordinador) (2013): Estudios jurídicos sobre el fútbol profesional. (ed. Reus)
Millán Garrido, A. (última edición): Legislación deportiva (ed. Reus)
Millán Garrido, A. ; Gamero Casado, E. (directores) (2021): Manual de derecho del deporte (ed. Tecnos)
Palomar Olmeda, A. (director) (2017): Derecho del Deporte (ed. Thomson Reuters-Aranzadi)
Relea Sarabia, A. (2007): El régimen jurídico-tributario de las retribuciones de los futbolistes. (ed. Thomson-Reuters-Aranzadi)
Roqueta Buj, R. (2011): Los deportistas profesionales (ed.Tirant lo Blanch)
Tejedor Bielsa, JC. (2003): Público y privado en el deporte (ed. Bosch)
Vidal Ramos, R. (coordinador) (2018): El arbitraje Deportivo (ed. Estudio Mario Castillo Freyre)

Type:	OPT	Curs:	1	Period:	S semester
ECTS Credits:	3 ECTS

Alternative dispute resolutions issues (2235.YR.014675.1)

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