The CMS Sports Disputes Team advises clients from across the sports sector on a diverse range of disputes from contractual issues to sports media rights and regulatory engagements.
Our team has substantial experience and expertise in big ticket sports litigation and arbitration, applying our commercial disputes skillset and utilising the broad range of specialist litigation, reputation management and regulatory knowledge available across our dispute resolution practice.
Members of our team are accustomed to handling some of the most significant and high-profile cases before the High Court and arbitral tribunals. When cross-border sporting disputes arise, our international team is also well placed to advise sports clients across jurisdictions.
The CMS team is also at the forefront of litigation in the developing area of sports information rights. We have advised clients both on media rights and the potential development of a separate sporting right in information in sports events, built on a variety of underlying legal causes of action.
When it comes to Esports, we regularly advise clients in the UK and internationally on contractual and employment disputes, doping, and cybersecurity issues such as preventing hacking and use of illegal software during tournaments.
Our experience includes advising:
- IMG/Endeavor on the conduct and ultimate settlement of long-standing Commercial Court proceedings relating to the acquisition of a joint venture, and the early termination of a licence agreement for the rights to broadcast Italian Serie A football matches in Brazil.
- A leading sporting organisation in relation to the cancellation of a major international tournament due to Covid-19 and the successful defence of threatened group litigation in that regard.
- An international sports media agency, shaping the litigation strategy in relation to a very substantial unfair prejudice petition and related High Court proceedings brought by two minority shareholders. The litigation concerned a number of lucrative contracts relating to sports betting and streaming events such as The Championships, Wimbledon, Roland Garros, the US Open, Serie A, La Liga, and the PGA Tour.
- Sports Information Services in a complex case relating to the creation and provision of horseracing betting odds (known as “betting shows”) and other data relating to horseraces (known as “raceday data”) at the racecourses operated by The Racing Partnership.
- An international sports media agency on the successful settlement of arbitration proceedings brought by a football club for unpaid fees related to the provision of digital billboard advertising during football matches at their stadium.
- UEFA on securing a ‘live’ blocking injunction for the 2020/2021 footballing season against the five leading Irish ISPs to prevent Irish customers from accessing particular targeted servers which were streaming illegal transmissions of UEFA games including the UEFA Champions League, the Europa League, the Nations League, the Super Cup and Euro 2020 (now postponed to 2021) competition.
- A client on “Project Red Card”, the legal action being threatened by a group of Premier League footballers against various betting, games and data companies in relation to their use of the footballers’ personal data in the course of their business activities.
- An international sports media agency in successful expedited CIETAC arbitration proceedings against a Chinese media organisation in relation to the broadcasting of football matches in the FA Cup, Bundesliga, Eredivisie and Chinese Super League disrupted by the Covid-19 pandemic.
- Crossfire Soccer / Seattle Sounders, a first UK claim for a US club utilising the FIFA’s Regulations on the Status and Transfer of Players (RSTP) regarding training compensation / solidarity payments in respect of DeAndre Yedlin’s transfer to Tottenham Hotspur FC from Seattle Sounders.
- Rockingham Motor speedway on disputes arising from the motorcycle speedway series, Nascar series and related issues.
- The largest Scottish Sports Governing Body (“SGB”) on the drafting, implementation and operation of a detailed set of rules and procedures governing its disciplinary procedures and other ancillary regulations, including advising on two complex Judicial Reviews brought by a minority but prominent shareholder of a major club relating to “dual interest” and “fit and proper person” rules and various other off-field and on-field disciplinary and regulatory matters.
- Numerous football clubs on responding to online abuse against their players and employees, including in relation to club sanctions, social media takedown procedures, civil claims and criminal complaints.
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