By: Prof. Dr. H. Ercument Erdem
The Court of Arbitration for Sports (“CAS”) is an independent institution established to provide dispute settlement through mediation or arbitration for any sports-related disputes. The Statutes of Bodies Working for the Settlement of Sports-Related Disputes (“Statutes”) foresees two bodies in Article S1, the International Council of Arbitration for Sports (“ICAS”) and the CAS - both bodies are seated in Lausanne, Switzerland. The CAS is administered and financed by the ICAS.
By Carl A. Solano and Roberta A. Barsotti
For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure to take a timely appeal from such an order may forfeit all appellate rights, and (assuming that was not the party’s intent) such a failure may then lead to a malpractice action against the party’s lawyer. Defining an appealable Orphans’ Court order thus requires clear rules.
Contact: Stephen Hughes, Special Counsel and Lara Radik, Senior Associate; Carter Newell (Queensland, Australia)
Every litigator or in-house claims manager has felt the temptation to ‘just file a holding defence’. The reasons may be varied, and often sensible – perhaps the claim is not worth a great deal, it appears to have no prospects of success, there are high hopes of settlement in the immediate short term, or a strike out or other interlocutory application is to be filed which may put an end to the whole proceeding without the need to invest further costs in the defence.
Contact: Madlen Searle, Clarkslegal LLP (Reading, England)
You cannot have escaped the recent judgment regarding Gordon Ramsay. For those who haven't heard of him he is a celebrity restaurateur and the star of several TV food programmes including Hell's Kitchen. Splashed all over the news was his recent battle in the High Court regarding the question of his personal liability for the £640,000 annual rent for the York & Albany pub near Regent's Park, which it was claimed he had guaranteed.
Contact: Jill Bainbridge; Blake Morgan (Southampton, England)
Dispute Resolution analysis: The European Court of Human Rights (ECtHR) has rejected a complaint by one of Joseph Stalin's grandsons about an article that appeared in a Russian newspaper in which the dictator was accused of being a 'bloodthirsty cannibal'. Jill Bainbridge, partner and expert in defamation and reputation management at Blake Morgan, explains why the dead cannot be defamed.