The right to a fair hearing in sports’ cases: lessons from the ECtHR’s decision in Mutu & Pechstein
One of the most controversial aspects within the evolving world of sports law involves players’ and athletes’ rights to a fair hearing in disciplinary proceedings brought by sports’ governing bodies. This area is particularly interesting because of the peculiar intersection (and contradiction) between arbitration law – developed as an alternative to the courts, primarily for resolving commercial disputes between private parties – and sport, which often requires open decisions, standard penalties and so on.
Three recent cases, explored in turn in this article, have signalled some significant developments in the area. The first, and most important (perhaps the most important sports’ law case for a long time) is the decision of the European Court of Human Rights in Mutu & Pechstein v Switzerland1. Thereafter, are the cases of Hartlepool United FC & Ors v. The FA before the FA Appeal Board; and The FA v. David Manasseh before the FA Regulatory Commission.
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- Tags: Arbitration | Court of Arbitration for Sport (CAS) | Dispute Resolution | European Convention of Human Rights (ECHR) | European Court of Human Rights | FA Regulatory Commission | Football | Skating | Swiss Federation Tribunal | Switzerland | The Football Association | United Kingdom (UK)
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Written by
Nick De Marco KC
Nick De Marco KC is ranked as one of the top lawyers in sports law. He acts for international and domestic sports-governing bodies, federations, players, clubs, sponsors, broadcasters and agents across all sports in both commercial and regulatory disputes.
He is recognised as the foremost expert in football regulatory issues by all the leading UK legal directories. In addition to acting in numerous high-profile football disputes, he has a busy practice in many other international sports including boxing, motorsports, tennis, gymnastics, cricket, rugby and athletics.
He regularly lectures and writes on sports law, is author and editor of ‘Football and the Law’ (Bloomsbury 2018 & 2022) and ‘Challenging Sports Governing Bodies’ (Bloomsbury, 2016), contributor to ‘Lewis & Taylor: Sport and the Law’ (Bloomsbury, 2021) member of the Editorial Board of Law In Sport & Football Legal and the Advisory Board of the Middle East Sports Law Platform and host of The Sports Law Podcast.
