Alexander Lecture comes up stumps in 35th anniversary year
CIArb News / 13 November 2009
CIArb celebrated the 35th year anniversary of its most prestigious event - the Alexander Lecture, this week, with the presentation of its 2009 Alexander Lecture.
The topic of this year's lecture was sports ADR, delivered by Sir Philip Otton FCIArb and Michael Beloff QC, who are pictured 2nd and 3rd from left in the picture, with (far left) CIArb Director General Michael Forbes Smith MCIArb and (far right) CIArb President John Campbell FCIArb. They are pictured in front of a portrait of John Alexander, the founder of the Alexander Lecture. In keeping with the subject-matter, the lecture was held at the atmospheric venue of Lord's Cricket Ground in North London.
Over 100 people - both members and non-members - attended the evening lecture and enjoyed a post-lecture drinks reception in the museum at Lord's, home of the Ashes.
In the words of CIArb President John Campbell FCIArb in his opening address, this year's speakers made "a formidable double-act". It said something about Sir Philip and Michael Beloff's style that, in keeping with the subject-matter, they immediately dispensed with the raised podium that had been set up for them, to sit at a table at eye-level to the audience and 'pass the ball of debate' between them. The intimate and compelling atmosphere this created matched the venue well and was very much appreciated by the audience.
Big cases
Among the high-profile decisions discussed by the speakers were the constructive dismissal claims won by Alan Curbishley against West Ham earlier this month, and by Kevin Keegan against Newcastle United last month, at Premier League arbitration tribunals.
Reflecting on the fact that the skeleton argument in the West Ham United case ran into some eighty pages alone, Sir Philip argued that neither case should never have gone the whole length and "could and should have been dealt with by mediation."
Premier League
Other cases discussed by the speakers included the settlement in the long-running dispute between Sheffield United and West Ham over the Carlos Tevez affair, a case in which both speakers acted. Sir Philip Otton acted as chair of the Premier League Arbitration Panel which rejected Sheffield United's challenge of the Premier League's decision to fine, but not to deduct points, from West Ham for allegedly illegally signing Carlos Tevez, which contributed to Sheffield United's relegation. Michael Beloff QC represented Fulham FC in Sheffield United's subsequent appeal to the High Court against the decision.
Athletics
The speakers discussed the decision of the High Court with regard to British athlete Dwain Chambers. Chambers challenged the lifetime ban he received from the British Olympics Association for doping, arguing that it was an unfair restraint of trade.
However the High Court upheld the power of the British Olympic Association to exclude him from the Beijing Olympic trials in Birmingham, on the grounds that governing bodies of sport are not public bodies whose decisions are subject to judicial review and the courts should be slow to exercise jurisdiction over or intervene in any decision brought by a regulatory body.
The court also found that the principle of restraint of trade that could be brought by Dwain Chambers in a civil action did not apply, since this was an amateur event. Michael Beloff QC represented Dwain Chambers when he was initially charged with sporting offences.
Restraint of trade
The restraint of trade argument also resurfaced as the speakers discussed the Football Association Premier League disciplinary action against England and Chelsea player Ashley Cole. Sir Philip Otton headed the Premier League disciplinary commission which found Cole in breach of Premier League rule K5, which prevents contracted players talking to rival clubs without their employer's permission.
David Pannick QC, on behalf of Ashley Cole, sought to argue that the "tapping-up" rule, preventing players approaching clubs and clubs approaching players, was an unlawful restraint of trade and therefore unenforceable. Sir Philip said the commission had rejected this argument as it was justifiable on public policy grounds and the tapping up rule was necessary to protect the game and the contracting parties.
Court of Arbitration for Sport (CAS)
In the 25th anniversary year of the Court of Arbitration for Sport (CAS), one of the questions considered by Michael Beloff QC was whether it is appropriate for an arbitrator to appear as an advocate before a panel of which he is a member. He said that CAS are increasingly looking to restrict this, meaning that, since the world of experts in sports was relatively confined, some members of the CAS panel may have to resign so they could appear in other cases as advocates. The majority of the audience showed themselves to be against such a rule by a show of hands.
About the speakers
Sir Philip Otton is a former Lord Justice of Appeal, now practising as an international arbitrator and mediator. He is Convenor of the Football Premier League in England and Wales and has chaired high profile disciplinary proceedings, including those against Dennis Wise, Ashley Cole, Jose Mourinho and Chelsea FC. He has chaired or acted as the sole arbitrator in Premier League and Football Association disputes between Players v Club, Managers v Club, and Club v Club.
Michael Beloff QC has been a member of the Court of Arbitration for Sport (CAS) since 1996. He has sat on the CAS Panel for the European Cup (football) in 2004, the World Cup in 2006, and dispute resolution panels (Cricket) for the World Cup 50 Over in 2007, the World Cup 20/20, and the Champions Trophy in 2009. He has also acted as arbitrator at the Olympic Games 1996-2008 and the Commonwealth Games (1998 - 2006). He has also sat as a commercial arbitrator under the auspices of the ICC, LCIA, SIAC and Geneva Chamber of Commerce.
Promotion of private dispute resolution
Aaron Hudson-Tyreman, Director of Research and Development at CIArb, said: "ADR is well adapted to - and often preferred by - the sports industry. Although athletes and teams will often encounter many of the same disputes over contracts and agreements that other businesses face, the competitive nature of the professional sports industry, the public's fascination with sports figures and the high degree of publicity surrounding successful teams provide rather strong incentives for parties to avoid the courts and seek a more private and confidential means of dispute resolution.
"We are delighted that the 2009 Alexander Lecture has been such a success. We have been privileged to welcome two of the leading figures in the field of sports ADR to deliver the 17th Alexander Lecture in its 35 year history. The lecture is the most prestigious in CIArb's educational and academic calendar. Its presentation is part of our remit to promote and disseminate, as a learned society, a wider knowledge of private dispute resolution, as set out in our Royal Charter."
John Alexander
The Alexander Lecture was founded in recognition of the contribution of Mr John Russell Willis Alexander (1897 - 1985) to the Chartered Institute of Arbitrators. John Alexander was both a fervent supporter of all things Institute and one of the leading academic figures in arbitration throughout the period. He served for 40 years as a member of Council and president of the Institute between 1952 and 1955. He created the first Alexander Lecture in 1974 delivered by the then Master of the Rolls Lord Justice Denning.
The Alexander Lectures were created as an annual series of public lectures to be given by the most distinguished members of the judiciary as well as legal practitioners and other eminent speakers within the field of arbitration.
Anniversary compendium
A special 35th anniversary compendium bringing together the collected works of the Alexander Lecture series will be available from 1 December 2009 at a cost of £27, including a DVD of the Alexander Lecture 2009. Delegates of this year's lecture will receive a 40 per cent discount, reducing the cost to £16.20. To order your copy, please email James Luton