How to recover prize money from doping athletes: Lessons for event organisers from the Shobukhova case
The case of Liliya Shobukhova provides a timely reminder for sporting event organisers. Having the necessary contractual mechanisms in place gives the best opportunity to recover appearance fees, prize monies and other bonus payments, given to professional competitors should they need to be recovered in future.
This article discusses the high-profile case between London Marathon Events Limited (“LMEL”) and Ms Shobukhova and explores ways to ease the challenges faced by rights holders when chasing athletes for recovery of monies post event.
Specifically, it looks at:
- The Shobukhova case and legal proceedings
- Contract formation
- Must a form be physically signed for the rules to be incorporated?
- Using contracts to protect rights-holders’ interests
- “Cheats are not welcome here” – Banning cheats
- Reclaiming consequential losses
- Other remedies
- Staggered payments and/or shared liability?
- Concluding thoughts
Please note that Kerman & Co LLP acted for LMEL[1].
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- Tags: Court of Arbitration for Sport (CAS) | International Association of Athletics Federations (IAAF) | London Marathon | Russian Athletics Federation (RusAF) | United Kingdom (UK) | WADA Code 2015 | World Anti-Doping Agency (WADA)
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Written by
Zane Shihab
Zane is a Partner at DLA Piper.
Zane Shihab specialises in providing practical commercial advice to high-profile athletes, global sporting brands, rightsholders and international sporting bodies and events.
With over 15 years’ experience in sports law, he focuses on commercial contracts including sponsorship, joint venture, merchandising, broadcasting, new media, agency, distribution, franchise and image rights agreements, venue agreements and intellectual property and software related contracts.
He has negotiated numerous lucrative sponsorship and supplier agreements and other event-related contracts on behalf of sporting events and governing bodies, including the PGA European Tour, Ryder Cup, UEFA, World Marathon Majors, London Marathon, RideLondon and the All England Lawn Tennis Club (Wimbledon).
Zane drafts and advises on ticket terms and conditions for major sporting events for clients such as the Rugby Football Union, Wimbledon and UEFA.
He has drafted and advised on the agreements connected to high-profile Premier League football transfers and renegotiations, and has successfully represented well-known players in disciplinary proceedings brought by the Football Association of England.
Zane is recognised for his accomplishments in the sports industry. He was named one of the Hot 100 by The Lawyer magazine in 2022 and, alongside his team, won ‘Best Professional Services in Sport – Legal’ at the Sports Business Awards 2022 in November 2022.
James Thorndyke
James Thorndyke practices in the area of sport, media and entertainment, intellectual property and general commercial disputes with a particular focus on regulatory and disciplinary issues within sport. With over 15 years of experience, his clients include event organisers, sport governing bodies, rights holders, athletes, well-known media personalities and artists.
James has particular focus and expertise in regulatory and disciplinary issues within sport as well as enforcing ticket terms and conditions to major sporting events and assisting clients with protecting and enforcing their brands. He has handled several high-profile matters, usually in the High Court, and his cases routinely involve urgent advice and action.
Over the years, James has worked on many notable disputes within sport, media and entertainment often involving cross border issues.
He is known for his personable nature and for providing clients with sound commercial advice and innovative solutions to their disputes.
Since 2020, James has been recognised as a ‘Leading Individual’ lawyer in Sport in England and Wales.
Thomas Gibby
Thomas is a Solicitor in Kerman & Co’s sports team. Thomas is predominantly a commercial contracts lawyer who advises the team’s biggest sporting clients and major event organisers on a range of their commercial issues, including working in-house at The All England Lawn Tennis Club, Wimbledon. His experience includes advising on data and consumer protection, IT/software development and procurement contracts.
