The role of the CAS in cases such as the exclusion of Russia or Kamila Valieva open the ISDE Sports Convention


The Sports Arbitration Court (CAS) was the first debate center of the third edition of the ISDE Sports Convention, a meeting organized by LaLiga and the Madrid City Council that hosts personalities from the world of sports, communication and law this Friday to deal with problems and situations related to the panorama that surrounds the sports industry.

Thus, the first of the program’s round tables, under the title ‘Leading Case of the CAS 2022’, focused on the role of the CAS, addressing four important cases that the Lausanne court is dealing with throughout the year 2022 and that may change the jurisprudence in certain situations such as the exclusion of Russia or the positive of the young Russian figure skater Kamila Valieva.

The debate was moderated by Alberto Fortun, from Quatre Casas, and was attended by the Dean of the Illustrious Bar Association of Madrid, José María Alonso, the partner of Morgan Sports Law, William Sternheimer, the partner and director of the Sports Law Department of Pintó Ruiz & Del Valle, Lucas Ferrer, and the CEO of RH&C Sports Lawyers, Juan de Dios Crespo.

Alonso spoke about the case of the precautionary measures that the Russian Football Federation requested from the TAS after FIFA’s decision to exclude its teams, both male and female, from the major championships for which it was trying to qualify, a decision without precedents and that was not legally foreseen either, forcing the court to have to make an interpretation that has created an important jurisprudence for the future.

For his part, Sternheimer explained the ‘Valieva case’. The Russian skater participated in the 2022 Winter Olympics, despite testing positive in a test that had been done at the end of December, and that did not prevent her from participating in the event where she was one of her great favorites.

In addition, the fact that the athlete was 15 years old has meant that the case has not yet been resolved because she is within a special protected regime and her procedure is different. In addition, through the Russian Federation, she appealed alleging that she was contaminated by the substance because it was found in a medication that her grandfather was taking.

Juan de Dios Crespo presented the case between Sporting de Portugal and French LOSC Lille, who are in court over the transfer of current Milan player Rafael Leao. The Portuguese soccer player broke his contract with the Lisbon team after a major altercation in Sporting’s sports city with ultras and left for the French team for a low amount of money.

After the passage of the case by FIFA, the CAS determined that Lille had to pay a greater amount of money to the Lisbon team, but the problem lies in determining how much money it will have to pay.

Finally, another of the cases exposed, in this case by Lucas Ferrer, was the one that addresses the concept of the influence of third parties within football, since it is an issue that FIFA did not pursue until recently and that, at the time in which the body began to sanction clubs, they began to appeal to the CAS to defend their interests.

In this sense, he recalled that the court, through its decisions, has modeled this concept of influence and gave the example of the transfer of Brahim Díaz between Manchester City and Real Madrid in which the ‘citizens’ had been punished in a start by a clause in which they reserved a percentage of a future sale.