Not in My Name! Claudia Pechstein and the Post-Consensual Foundations of the Court of Arbitration for Sport

Stats Entertainment: The Legal and Regulatory Issues Arising from the Data Analytics Movement in Association Football. Part Two: Data Privacy, the Broader Legal Context, and Conclusions of the Legal Aspects of Data Analytics in Football

“…' Hessert (2020b) argues that the need for consent to be freely given is 'problematic in the sporting context, bearing in mind that sports events are often organised by monopolistic sports governing bodies'. This is a well observed point, and of course it has been a prevailing recent theme of sports law that the balance between what is consented to and what is unilaterally imposed have been keenly debated at the CAS, in the courts, and in the literature (see Duval, 2017).…”

“…Finally, 23 as with all legal issues in sport, the compulsory system of arbitral dispute resolution under which football operates (as to which, see Duval, 2017) may have legal implications for football data analytics-particularly given those fora are used to determine matters which may be within the purview of data analytics, such as a player's market value (consider historically, for example, FC Shakhtar Donetsk v. Matuzalem & Real Zaragoza SAD (CAS 2008 (Novak and Kühne, 2020) in the context of anti-doping proceedings, and indeed have arisen in arbitral matters relating to player transfers (Barnsley Football Club Limited v Hull City Tigers). Data protection issues at the CAS may shape data analytics by influencing the approach to data taken by data issues in light of the jurisprudence of the CAS 24 and by presenting the data analytics industry with opportunities to provide objective measures to sports disputes, such as in the form of expert witness testimony (as to which, more generally, see Rigozzi and Quinn, 2014;Coleman and Taylor, 2020).…”

Procedural Fairness in the International Tennis Federation’s Disciplinary Regime

“…Second, there are intimate links between sports administrators and the International Council of Arbitration for Sport (ICAS) and the latter has control over the appointment (and potential removal) of CAS arbitrators (Vaitiekunas 2014). Third, increasing concern is being expressed about the operational secrecy of the CAS (Duval 2017, Lenskyj 2018. The protracted litigation arising out of a doping ban imposed on German speed skater Claudia Pechstein was recently the subject of a judgment from the European Court of Human Rights (ECtHR) that highlighted this issue.…”

“…The article draws on two recent appellate decisions of the ITF-appointed Independent Tribunal in the cases of Ilie Năstase and Marcelo Rios, both former elite professional tennis players who were at the time of their respective transgressions appointed to positions within the Romanian Fed Cup and Chilean Davis Cup teams, respectively (ITF v Năstase paragraph [1.1]; Rios v ITF paragraph [1]). An examination of these cases and the applicable rules and processes raises questions that are reminiscent of those asked of the CAS, regarding structural independence and secrecy (Vaitiekunas 2014, Duval 2017. As a result, the ITF's disciplinary regime is susceptible to criticisms around the safeguarding of procedural fairness, but whether these concerns are justified is difficult to assess because of the attendant confidentiality and lack of transparency.…”