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NLJ this week: A power imbalance in sports arbitration?

08 August 2025
Issue: 8128 / Categories: Legal News , Sports law , Arbitration , Regulatory , Human rights , EU , International
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In Semenya v Switzerland, the European Court of Human Rights found that Switzerland violated Caster Semenya’s right to a fair hearing by failing to rigorously review a Court of Arbitration for Sport (CAS) ruling that upheld discriminatory testosterone regulations. Dr Estelle Ivanova of Valloni Attorneys at Law examines the ruling, in which the court criticised the structural imbalance in international sports arbitration where athletes face mandatory arbitration under rules set by powerful governing bodies, in this week's NLJ

The court held that states must apply heightened judicial scrutiny when civil rights of fundamental importance are at stake. The ruling pressures Switzerland—and potentially other jurisdictions—to reform their oversight of sports arbitration.

It also raises broader questions about the legitimacy of CAS and the need for procedural safeguards to protect athletes’ rights in a system dominated by regulatory authorities.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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