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New CAS Rules notified

New CAS Rules notified

The English versions of the CAS rules were amended recently. The new rules came into effect on March 1st 2013. The new Code can be found here. The amendments have been set out on the CAS website and can be found here. Brief Background of CAS What is the CAS? The Court of Arbitration for Sport or (CAS) was established on April 6, 1983, at an IOC session in New Delhi. It deals with sports-specific disputes of a private nature. The Court provides a central forum for the athletes and sports federations to resolve their disputes through a single independent sports adjudication ...

NEW: Latest Draft of the National Sports Bill Released

NEW: Latest Draft of the National Sports Bill Released

Sports Ombudsman Authority done away with, Age and Tenure Clauses Stay The reworked draft of the National Sports Development Bill has now been released. It can be viewed here. The earlier draft had been overwhelmingly rejected by a cabinet committee of ministers. In a nutshell, the main provisions of the new Bill are: [caption id="attachment_329" align="aligncenter" width="320" caption="Latest Draft of the National Sports Bill Released"][/caption] Age and Tenure Clauses: have been retained completely. The ministry seems unwilling to compromise on this aspect. The Sports Ombudsman Scheme: has been done away with to avoid duplication of dispute resolution procedures, especially in relation ...

Latest: National Sports Development Bill Rejected

Latest: National Sports Development Bill Rejected

The National Sports Development (NSD) Bill has been rejected by a Cabinet committee. While it was hoped that the Bill, which seeks to bring about greater accountability in the functioning of national sports bodies, would finally be passed, it will now be a much longer wait before transparency seeps into sports governing bodies. We had earlier blogged about the NSD here and here. Grounds of Opposition The main grounds on which the bill is being opposed are 1. The Sports Bill’s Long Term Development Plan (LTDP) which was felt to be too intrusive 2. Age limit of 70 years for office holders in sports ...

Can doping legislation be pro-athlete? Inquiry Committee has some powers

Can doping legislation be pro-athlete? Inquiry Committee has some powers

The way doping regulation is perceived in India may change drastically. If there is a time to change the regulation itself, it is now. On July 7, 2011, the Ministry of Youth and Sports Affairs constituted a committee headed by Justice Mukul Mudgal, a retired justice of Punjab and Haryana High Court to look into doping in athletics. This was constituted as a follow-up to the scandal leading to a disqualification of eight Indian athletes. We shall analyze the ramifications the committee's findings could have on doping regulation. The terms of reference of the committee are very wide, and for ...

Landmark Move: Indian Court of Arbitration for Sport (ICAS) Setup

Landmark Move: Indian Court of Arbitration for Sport (ICAS) Setup

In a milestone for Indian sport the Indian Court of Arbitration for Sport (ICAS) has been setup. As a recent article in the Hindu states, The Indian Olympic Association (IOA) has set up an 8 member ICAS to resolve all sports related disputes in India. It will be headed by Dr. AR. Lakshmanan, former Supreme Court Judge and former Law Commission chairman. It has been setup along the lines of the International Court of Arbitration for Sport (CAS) in Switzerland. The ICAS is a result of directions issued by the International Olympic Committee (IOC) to the IOA ...

Indian Hockey in Shambles: The IHF-HI settlement and the National Sports Development Bill

Indian Hockey in Shambles: The IHF-HI settlement and the National Sports Development Bill

We’ve been hearing about the IHF-HI (Indian Hockey Federation-Hockey India) dispute for some time now with the latest coming in that the IHF and HI have reached a settlement and will cooperate with one another. The FIH (International Hockey Federation) has however expressed its displeasure at the settlement putting in doubt India’s participation and chances of hosting international hockey events. In this post I will first give a brief background of the IHF-HI falling out and will then look at the ramifications of the New Sports Development bill on this dispute and whether entering into such a settlement is legally ...

Is the National Sports Development Bill good for players’ rights against doping?

Is the National Sports Development Bill good for players’ rights against doping?

In the past, we have discussed how players' rights are usually ignored whenever they are found guilty of having a prohibited substance in their body (doping). What is worse, it never matters whether they were fed the prohibited substance inadvertently, or innocently, by a competitor, simply to get them disqualified in the event of an impending dope test. The question that follows is - if players are not in a position to protect their rights, then who is in the best position to protect sportspersons' interest? The obvious answer should be - national governments. Now look at WADA / IOC's biggest threat: We discussed ...

Doping Scandal: Was Proper Procedure Followed?

Doping Scandal: Was Proper Procedure Followed?

“B-samples of Indian athletes also test positive”, “Ashwini Akkunji’s ‘B’ sample tests positive”, these are the headlines across news papers today. The identities of these athletes however have been in the news for much longer in violation of both WADA and NADA Anti Doping Rules. The rules prohibit public disclosure of the identities of the athletes before the B sample analysis confirms the positive A sample result. This raises an intriguing question, Did NADA follow proper procedure while implicating these athletes? Article 14.2 of the WADA Code which deals with public disclosure states, “The identity of any Athlete or other Person ...

A case for players’ rights against doping regulation

A case for players’ rights against doping regulation

Last week, Mint covered our post on the latest doping scandal.The full report can be read here. This week we take a look at players' rights vis a vis doping regulation. There is a serious lack of sensitivity and understanding of vulnerabilities of a sportsperson in India. They are seen as giants, they must shoulder the burden of making the rest of us proud, and they must be making a lot of money. They must be punished and made an example of if they dope. We rarely think they may be victims of a very powerful sports industry, and in ...

Sports Lawyer in Mint!

Sports Lawyer in Mint!

Today's edition of Mint quotes Sportslawyer and our coverage of the doping issue. Athletes banned under Wada rules have three provisions for fighting the automatic two-year ban for a first offence: They can plead no intent, and prove how the prohibited substance entered their body without their knowledge; establish “no fault, no negligence” (that is, prove sabotage); or prove that their supplement was contaminated or mislabelled, or that their trainer or physician gave them the substance without disclosure. “These are difficult for any athlete to prove,” says Shan Kohli, a Kolkata-based lawyer who specializes in sports and runs a website on sports ...

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New CAS Rules notified

The English versions of the CAS rules were amended recently. The new rules came into effect on March 1st 2013. The new Code can be found here. The amendments have been set out on the

NEW: Latest Draft of the National Sports Bill Released

Sports Ombudsman Authority done away with, Age and Tenure Clauses Stay The reworked draft of the National Sports Development Bill has now been released. It can be viewed here. The earlier draft had been overwhelmingly

Latest: National Sports Development Bill Rejected

The National Sports Development (NSD) Bill has been rejected by a Cabinet committee. While it was hoped that the Bill, which seeks to bring about greater accountability in the functioning of national sports bodies, would

Can doping legislation be pro-athlete? Inquiry Committee has some powers

The way doping regulation is perceived in India may change drastically. If there is a time to change the regulation itself, it is now. On July 7, 2011, the Ministry of Youth and Sports Affairs

Landmark Move: Indian Court of Arbitration for Sport (ICAS) Setup

In a milestone for Indian sport the Indian Court of Arbitration for Sport (ICAS) has been setup. As a recent article in the Hindu states, The Indian Olympic Association (IOA) has set up an 8

Indian Hockey in Shambles: The IHF-HI settlement and the National Sports Development Bill

We’ve been hearing about the IHF-HI (Indian Hockey Federation-Hockey India) dispute for some time now with the latest coming in that the IHF and HI have reached a settlement and will cooperate with one another.

Is the National Sports Development Bill good for players’ rights against doping?

Despite providing an ombudsman mechanism for safeguarding players rights, the National Sports Development Bill may actually give legal recognition and validity to doping laws. Sports federations such as BCCI will not be able to object to their provisions as it could face risk of de-recognition for non compliance. On the other hand, it presents an opportunity where a Court may assess doping regulation more seriously in the event of a challenge…

Doping Scandal: Was Proper Procedure Followed?

“B-samples of Indian athletes also test positive”, “Ashwini Akkunji’s ‘B’ sample tests positive”, these are the headlines across news papers today. The identities of these athletes however have been in the news for much longer

A case for players’ rights against doping regulation

Last week, Mint covered our post on the latest doping scandal.The full report can be read here. This week we take a look at players’ rights vis a vis doping regulation. There is a serious

Sports Lawyer in Mint!

Today’s edition of Mint quotes Sportslawyer and our coverage of the doping issue. Athletes banned under Wada rules have three provisions for fighting the automatic two-year ban for a first offence: They can plead no

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