Professional sports have evolved intbig business. As a result, international sports law has become a very specific and complex legal field that requires a qualified sports law attorney.
MONTEBLANC& ASSOCIATES provides clients with innovative strategies for complex legal matters and cases requiring sports law specialists. Our attorneys and sports consultants assist higher education, Olympic, amateur, professional and corporate clients with addressing sports-related legal, compliance, regulatory and administrative issues. Our areas of practice include: internal investigations; Olympic Committee compliance and investigations; first, second and third division soccer association compliance and investigations; risk management; sports drug testing; sports dispute resolution and arbitration; and corporate governance.
We have divided our Sports Law Services into two distinct areas: Counsel and Dispute Resolution.
Our team is in a position tadvice you on all maters directly or indirectly related and inherent tSports Law. These may be:
- Negotiations on behalf of clients tsecure best deal possible.
- Drafting and review of Sports contracts in the following fields:
- Labor Law
- Transfer of Players
- Athlete Image Rights
- Sports Agents
- Sports Sponsoring
- Sports Marketing
- Athlete Audi& Visual Rights
- Athlete Client Investment
- Drafting of expert opinions
- Drafting of statutes and regulations for federations
- Advice and defense of athletes before the anti-doping bodies of national and international sports federations and the Court of Arbitration for Sports.
- General legal advice regarding:
- Training compensation and solidarity contribution
- Specific contractual situations
- The South American Football Confederation (CONMEBOL)
- Licensing matters at national and CONMEBOL level
We are able trepresent our clients in arbitration procedures and before sports federation bodies such as:
- The Court of Arbitration for Sport (TAS/CAS)
- FIFA Player’s Status Committee and Dispute Resolution Chamber
- FIFA Disciplinary Committee
- CONMEBOL and FPF Control and Disciplinary Body
- Ad hoc arbitration tribunals
The line between sports and entertainment began blurring long ago, and today the tware virtually one and the same. Our sports clients aren’t just world-class players and well-known teams, they’re business people and multitalented individuals with many diverse investments and opportunities. We represent and protect the entertainment interests of our clients that include athletes as well as professional sports teams, sports league associations and sports media companies.
Contact the legal services of MONTEBLANC& ASSOCIATES in Lima, Peru for more information about our Sports Law Practice or any other sports-related matter.
Understanding Sports Law
Lets look at it this way; while the internationally accepted concept of Sports Law in itself is that it is a legal specialty comprised of various areas of the law brought together in unique ways, whereby issues such as antitrust, contracts, and torts are intertwined tgive life tthis specialty, the informal definition of Sports Law in Peru is more of a knack that any one person —regardless of an inexistent knowledge of the la— can practice. It would surprise anyone tknow that many (if not most) of the multi-million dollar deals in place today involving Peruvian soccer players were negotiated by the player’s father, uncle or friend whboast zerknowledge or experience in the matter. Needless tsay, these pseudcontracts lack any security or assurance for long-term issues involving the players themselves whare most vulnerable in its execution. The Sports Law attorney at MONTEBLANC& ASSOCIATES can shed light on this area of the law, which has yet tbe recognized as such in many of the countries of the region.
Sports Law can be roughly divided intthe areas of Amateur, Professional, and International Sports. The distinction between a professional and amateur athlete is somewhat tenuous. The so-called “amateur” student/athletes at universities or clubs often receive scholarships and other forms of compensation. Also, keep in mind that even though an athlete may be defined as an amateur by one organization, he or she may not be an amateur according tanother. Of course, this leads teven more confusion. A simplistic, yet useful definition would be that amateur athletes participate in sports as an avocation while professional athletes are involved in sports as a vocation.
Defining Amateur Sports
The concept of amateur sports includes a range of activities from an individual casual weekend athlete tacademic or club athletics textensively organized intercollegiate or international competitions. Athletic activities are often organized and managed by individual groups that establish rules for eligibility and competition, and courts are often unwilling tinterfere with the actions of these groups as long as their rules are reasonably applied. Perhaps the most important of these organizations are the Peruvian Sports Institute (IPD), the Peruvian Olympic Committee (COP), and the many other Peruvian Federations and Associations that represent the many specialty sports inherent tthis continent such as surf and Soccer. These governing bodies of first division sports collectively have hundreds of member clubs and universities.
Defining Professional Sports
Perhaps the most important relationship in the area of professional sports is that between the individual player and the team owner. This contractual relationship is governed by basic contract principles. Most sports leagues now have a Standard Player’s Contract which serves as a model employment contract between players and owners. The model contract can be modified taccommodate the special needs and talents of individual players. However, the dramatic increase in salaries in professional sports has compelled the majority of players tnow be represented by agents. Typically, this relationship is governed by a Standard Representation Contract, which defines the duties and compensation of the agent. The counterpart tthis is that none regulates agent activities nor are there any requirements that agents be registered with any type of administrative or regulatory agency. This last sentence takes us back tthe first paragraph that pointed out the informality and lack of real professional advice when it comes tnegotiating contractual agreements for the benefit of the athlete, not just the agent.
Defining International Sports
The twmajor international sports competitions are the Olympics, sponsored by the International Olympic Committee, and the World Cup, sponsored by FIFA. Peru chartered the Peruvian Olympic Committee (COP) back in 1924. The COP has charge over Olympic and other related competitions (Pan Am and Bolivarian games, etc.) twhich Peru sends a team.