Launch of a qualification program for sports litigation lawyers

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  • Organized by Abu Dhabi “CAS” Alternative Hearing Center over 4 days

A qualification program for sports litigation lawyers, organized by Abu Dhabi CAS Alternative Hearing Centerin collaboration with the UAE Sports Arbitration Center and the Abu Dhabi Sports Councilwas launched yesterday with the participation of a wide range of experts and specialists from the judicial, legal and sports fields at the local and international levels, and will take place over four days, with the possibility of attending in person at the headquarters of the Abu Dhabi Judicial Department (ADJD), or online via videoconference.

Mr. Ahmad Ibrahim Al-Marzouqiexecutive director of the administrative support sector in the judicial department and general supervisor of the branch of the Court of Arbitration for Sport (CAS) in Abu Dhabi, underlined the importance of the rehabilitation program in sports litigation, to prepare national executives with specialized scientific qualifications in managing various sports disputes, in accordance with the vision of His Highness Sheikh Mansur bin Zayed Al NahyanDeputy Prime Minister, Minister of the Presidential Court and Chairman of the Judicial Department of Abu Dhabi, to develop the judicial system and enshrine the culture of alternative dispute resolution in accordance with practices approved around the world.

Mr. Al-Marzouqi welcomed the fruitful cooperation and strong support given to the CAS Abu Dhabi Alternative Hearing Center by the authorities concerned with the country’s sports sector, in order to achieve its objectives of promoting the culture of arbitration in sport in the regional level, in particular thanks to the facilities put in place at the disposal of all parties to the dispute for the amicable settlement of disputes that may arise with athletes, whether local or international.

For his part, Mr. Dirar Balhol Al Falasivice-president of the UAE Sport Arbitration Centre, said that the participation of so many legal and sporting institutions, together with the presence of an elite group of legal professionals, jurists and academics renowned for their competence, both at the local level and in the Arab world, in this training program, testifies to the importance of the educational aspect in the field of sports arbitration, which in turn contributes to establishing the spirit of law, justice and transparency to bring more stability to the sports sector.

He highlighted the active role of the sports litigation qualification program over 4 consecutive days, to address a number of important topics in the presence of strategic partners and specialists in the legal and sports fields, which will certainly help to raise the level of those belonging in the field of sports arbitration and improving their knowledge and expertise.

The first training session was led by the journalist Yaqoob Alsaadiresponsible for Abu Dhabi Sports Channels, where the concept of the sports industry and its recent development and the financial control mechanism of sports bodies as an important tool to protect sports against corruption were discussed, in addition to address the question of the rights to exploit the image of athletes and the impact of exceptional circumstances on the contracts concluded.

dr. Abdul Majeed MahmoudHead of the Technical Office of Judicial Inspection at the ADJD, addressed the development of sport both at the level of competition and championship, and the establishment of national and international entities for the management of sporting events, in a context marked by the transformation of sport into an industry and an investment, which requires providing an attractive environment for this area of ​​investment, due to its positive impact on the national economy of the countries.

He pointed out that this evolution has led to the establishment of legal rules and limits in various sporting practices, and to conflicts between sportsmen and clubs, motivated by the emergence of legal and economic considerations, hence the advent of arbitration and mediation for the resolution of disputes, in particular with the expansion of transactions in the field of sport, following the transfer of the practice to professional and semi-professional circles.

For his part, the adviser Hisham BadaouiHead of the Central Audit Organization of the Arab Republic of Egypt, reviewed the financial control procedures of sports organizations, as well as their role in the protection of sports activities, which is of great interest to countries , businesses and commercial institutions that provide support services to and highlighted the emergence of sponsoring entities that over time began to take on an institutional nature comprising financial, administrative and legal systems to manage and supervise the sport.

With the transformation of sport into an institutional activity involving multiple parties, including countries with their own regulations, laws and rules, he added, it has become necessary to put in place controls to prevent any financial corruption or corruption. administrative, which can be exploited in the commission of money laundering, economic crimes or any other type of crime.

dr. ahmed abdel zaherlegal adviser to the Abu Dhabi Judicial Department, referred to the image rights of players, which has become an important contractual clause in players’ contracts with their clubs, and can lead to the diversion of the player’s destination from a club to another, or disputes between the player and the various parties in the event of breach of this clause, as an economic aspect which generates a lot of profit, both for the players and for the clubs.

dr. Abdel Zahir stated that image rights in sport are extremely valuable assets, as they involve many financial and sporting elements, so much so that the services of an expert are needed to ensure their legal protection. There are many problems and questions whose answers are unknown to unqualified people, and therefore obtaining professional legal advice is a prerequisite for the proper exploitation of these rights, he concluded.

For his part, Judge Dr. Muhammad Al-Ketbi from the Al Ain Magistrate’s Court, who holds a doctorate in professional sports contracts, spoke about the impact of exceptional circumstances on players’ contracts and certain procedures considered illegal in normal times, and which are necessary to protect public order in exceptional situations. case, referring to the concept of force majeure in civil law, which allows the courts, depending on the emergency circumstances, to balance the interests of the two parties, and to restore the onerous obligation to a reasonable extent if the justice decides to terminate any agreement to the contrary, citing examples from the reality of “Covid-19“the pandemic and its impact on these contracts.

dr. Adel Abdulaziz Al-Sunadviser to the Arab League of Arab States Administrative Development Organization, shed light on the rules governing player contracts and transfers in light of the 2022 FIFA Players’ Status and Transfer Regulations and the Status and Transfer of Players of the United Arab Emirates Football Association 2021 Regulations, explaining the differences between the transfer contract, the professional contract and the loan contract in terms of stakeholders, legal nature and effects produced on each contract.

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