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Protection of minors – the Chelsea case

In February 2019 FIFA’s Disciplinary Committee sanctioned Chelsea FC and The FA for breaching provisions concerning protection of minorsJurisprudence from FIFA Disciplinary Committee, Appeals Committee and Court of Arbitration for Sport (CAS) show that a strict approach has been applied, and that violations of the protection of minors provisions are sanctioned severely. As Chelsea has appealed the decision to CAS, it is interesting to examine how CAS has dealt with similar violations of the provisions.

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From football agents to intermediaries

In 2014, FIFA's Congress made a decision that the then agency regulations should be repealed, and replaced with a new regulation with effect from 1 April 2015. In a historical perspective, agents have played an increasingly central role in recent years in connection with agreements concluded between players and clubs. The first FIFA agent regulations came into force in 1991 and were later amended several times. A major revision of the regulations was carried out in 2000/2001, where FIFA introduced national licensing schemes, requirements for liability insurance and requirements for the completion of a written examination.

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Sports arbitration: The Court of Arbitration for Sport (CAS)

The Court of Arbitration for Sport (CAS) has the competence to settle sport-related disputes. CAS was created by The International Olympic Committee (IOC) in 1983 and is located in Lausanne, Switzerland. CAS also has branch offices in New York and Sydney, and at major sports events, such as the Olympic Games, the football World Cup and the European Football Championships, ad hoc offices are created to deal with violations of regulations in the current sports event.

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Disciplinary procedures in Norwegian and international football

Nationally and internationally, sport is given a high degree of autonomy. As long as sport operates within a certain set of frames, the sport itself can decide which rules should apply in the field of sport and establish bodies that deal with violations and disputes within of the frame of sports. In Norway, the framework for sports regulations is set out in The Norwegian Confederations of Sports’ (NIF) statutes, which are binding for Norwegian sports associations and Norwegian sports clubs.

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Dispute resolution and sports arbitration

Nationally and internationally, sport has been given a high degree of autonomy. As long as the sport operates within a certain set of frames, the sport itself can decide which rules should apply in the field of sport and establish bodies that deal with violations of sports regulations and sports-related disputes. Sports-related disputes arising from a contract, e.g. related to player contracts, sponsorship contracts or media rights, may be processed by the various arbitration tribunals of the sport in question.

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