QUARTERLY INTERNATIONAL SPORTS LAW NEWSLETTER – APRIL 2026
Welcome and Aims
We welcome readers to the sixth issue of our International Sports Law Newsletter, which appears quarterly, and aims to update you on developments and activities in our international sports law practice.
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Developments at the Firm
Dr Estelle Ivanova
The Head of our French Law Practice Group, Dr Estelle Ivanova, has left the Firm to pursue other professional opportunities and our Managing Partner, Dr Lucien Valloni, has wished her well in the future.
New Articles
Our International Sports Law Consultant, Prof Dr Ian Blackshaw, has published a new article in the New Law Journal (www.newlawjournal.co.uk) on 6 February 2026.
The article discusses the jurisdiction of the Court of Arbitration for Sport (CAS) Ad Hoc and Anti-Doping Divisions, in operation to settle any disputes arising ten days before and during the Milano-Cortina 2026 Winter Olympic Games, which took place from 6 – 22 February.
The CAS Divisions were based at the Milan Hilton (see following report).
Dr Estelle Ivanova has also published an article in the New Law Journal (www.newlawjournal.co.uk) on 6 March 2026 on ‘Ethics bonus clauses in footballers’ employment contracts’.
A recent case in France, involving the French national team professional footballer, Kylian Mbappé, who currently plays for Real Madrid FC, has drawn attention, once again, from a legal point of view, to the use and enforceability of these clauses.
In France, ethics bonus clauses are a well-established contractual practice in elite sport generally, including football.
CAS Ad Hoc Division (AHD) at the Milano-Cortina 2026 Winter Olympic Games (the Games)
The CAS AHD was in session during the Games, and we reported on the Firm’s website on a number of the cases, referred to and decided by this Division.
In particular, we would mention briefly here two of those cases, including the controversial one involving Vladyslav Heraskevych, the Ukrainian skeleton pilot, whose case was widely reported in the world’s media and provoked an unusual personal intervention by the IOC President, Kirsty Coventry (see later).
First, the case of International Sports Federations in safeguarding the integrity of their sports.
This case, rendered on 12 February 2026, raised the delicate balance between the presumption of innocence, the right to a fair hearing, and the preventive protection of sporting integrity in the specific context of the Olympic Games, characterised by exceptionally compressed timelines and heightened safeguarding requirements.
The proceedings originated from a complaint lodged in the summer of 2025 by a Latvian figure skater against her former coach, an ISU technical specialist who was also responsible for the preparation of another athlete for the Games. The allegations concerned physical, psychological and emotional abuse alleged to have occurred over a prolonged period whilst the complainant was a minor.
Following the complaint, the International Skating Union (ISU) initiated an internal investigation, mandating a third party to conduct inquiries and gather witness statements, as well as medical documentation. In February 2026, only days before the commencement of the Games, the ISU Disciplinary Commission imposed a provisional suspension on the coach, barring him from all ISU-related activities, including participation in the Games.
The coach filed an application before the CAS AHD, contending that the decision had been adopted at a strategically prejudicial moment after the Games had already commenced, and in the absence of any determination on the merits of the allegations. He further argued that the measure amounted, in substance, to an anticipatory sanction, producing irreversible consequences for his professional career and for the Olympic preparation of the athlete under his supervision.
As a preliminary matter, the ISU challenged the jurisdiction of the CAS AHD, submitting that a provisional suspension did not constitute a “final decision” capable of appeal and that the dispute had arisen prior to the Olympic period.
The CAS rejected that objection, reaffirming the cumulative jurisdictional requirements consistently recognised in its jurisprudence:
- the dispute must arise “on the occasion of or in connection with the Olympic Games”;
- it must arise during the Games or within the ten days preceding the Opening Ceremony; and
- internal remedies must have been exhausted, unless doing so would render recourse to the AHD ineffective.
In the present case, the Panel found that the suspension decision—directly affecting the participation of the coach in the Games—was plainly connected with the Games and had been adopted within the relevant timeframe.
Furthermore, the ISU itself acknowledged the absence of any additional internal remedies capable of being pursued within a timeframe compatible with the Olympic schedule.
The central issue concerned the legal characterisation of the provisional suspension and the applicable standard for its review.
The Panel reaffirmed a well-established principle: a provisional suspension constitutes a protective and precautionary measure, not a disciplinary sanction. It does not presuppose a definitive finding of liability, nor does it imply any advance determination of guilt. Its function is to safeguard the integrity of the sport; to protect the welfare and safety of athletes; and to prevent further risk pending a final determination on the merits.
In cases involving allegations of abuse—particularly within relationships marked by structural imbalances of power, such as that between coach and athlete—the CAS AHD considered that the preventive interest assumes heightened importance.
Second, the controversial case of Vladyslav Heraskevych.
On 13 February 2026, the CAS AHD denied an application by Skeleton athlete Vladyslav Heraskevych (Ukraine) against the International Bobsleigh & Skeleton Federation (IBSF) and the International Olympic Committee (IOC). The Sole Arbitrator, whilst fully sympathetic to Heraskevych’s commemoration on his helmet was bound by rules in the IOC Athlete Expression Guidelines. The Sole Arbitrator considered that these Guidelines provide a reasonable balance between athletes’ interests to express their views, and athletes’ interests to receive undivided attention for their sporting performance on the field of play.
The application challenged the IBSF Jury Decision to withdraw the Athlete from the Men’s Skeleton event with immediate effect from the Winter Games Milano Cortina 2026 (2026 OWG). The IBSF decision stated that Mr Heraskevych intended to wear in competition a helmet displaying portraits of Ukrainian athletes who lost their lives in the war, which was considered as being inconsistent with the Olympic Charter and Guidelines on Athlete Expression. The IBSF decision was rendered in execution of an IOC decision of 10 February 2026, stating a violation of the Olympic Charter, which was not challenged in this application and remains in force.
The Sole Arbitrator appointed wished to state that she is fully sympathetic to Mr Heraskevych’s commemoration and to his attempt to raise awareness for the grief and devastation suffered by the Ukrainian people, and Ukrainian athletes because of the war. She heard the arguments and examined the Athlete Expression Guidelines, which state that freedom of speech is a fundamental right of any athlete competing in the Olympic Games, but limit the right to express views during competitions on the field of play. The Sole Arbitrator found these limitations to be reasonable and proportionate, considering the other opportunities for athletes to raise awareness, in mixed zones, in press conferences, on social networks, or in Mr Heraskevych’s case, wearing the helmet during four training runs. The Sole Arbitrator noted that the goal of this was to maintain the focus of the Olympic Games on performances and sport, a common interest of all athletes, who have worked for years to appear in the Games, and who deserve undivided attention for their sporting performances and sporting success.
The Sole Arbitrator was bound by such proportionate rules and had no means of overriding them. The application, therefore, was dismissed.
The Sole Arbitrator added that it was unfair to withdraw Heraskevych’s accreditation in these circumstances and supported the decision of the IOC to return it.
See later under IOC News.
Other CAS Rulings
As usual, CAS continues to handle a wide range of sports-related disputes, and particular mention may be made of an important ruling on a controversial anti-doping issue, which is summarised in the following CAS Media Release:
“Athletics – Anti-Doping
Lausanne, 26 February 2026 – The Court of Arbitration for Sport (CAS) has partially upheld an appeal by World Athletics against the Ethiopian National Anti-Doping Office (ETH-NADO) and middle-distance runner Diribe Welteji Kejelcha (Ethiopia). Ms Welteji is found to have committed an Anti-Doping Rule Violation (ADRV) and is sanctioned with a period of ineligibility of two years from 8 July 2025, with credit for provisional suspension served.
Ms Welteji was charged with an ADRV on 21 May 2025 by ETH-NADO for allegedly refusing to provide a sample for an out-of-competition doping control without any justification. A hearing took place on 12 August 2025 before the ETH-NADO Hearing Panel which subsequently found that the Athlete did not commit an ADRV.
World Athletics filed an appeal to CAS on 9 September 2025 against the ETH-NADO Hearing Panel’s decision, with a request to set it aside and impose a four-year period of ineligibility on the Athlete. In the appeal, there was also a request for provisional measures to be rendered prior to the start of the 2025 World Championships in Tokyo. The request was upheld on 12 September 2025 and Ms Welteji was provisionally suspended for the World Championships and for the duration of the CAS arbitration procedure.
A Sole Arbitrator was appointed to rule on this matter. A hybrid CAS hearing took place on 16 January 2026. The written submissions and hearing confirmed that, on 25 February 2025, three Sample Collection Personnel (SCP) arrived at the Athlete’s property to collect a sample. The SCP were met by Ms Welteji’s husband who informed them that she was sleeping. The evidence of what occurred until the SCP departed the property without collecting a sample then consists of fundamentally contradictory witness accounts.
Whilst the Sole Arbitrator accepted that certain technical and best practice departures occurred, she found Ms Welteji failed to establish any compelling justification for her failure to submit to sample collection. The Sole Arbitrator accordingly found that the Athlete committed an ADRV under the ADR (Art. 2.3) on 25 February 2025.
The Sole Arbitrator also found that there were confirmed language barriers during the attempted sample collection and that Ms Welteji has a consistent history of compliance over eight prior tests outside her designated window to support the view that the failure was aberrational rather than deliberate. However, the Sole Arbitrator still determined that the Athlete was negligent, and an athlete of her calibre and experience should have known that she was required to comply regardless of the timing of the visit. The language barriers did not alter this conclusion.
Consequently, the appeal was partially upheld, with the conclusion that the applicable period of ineligibility under the ADR is two years as the Athlete established that her failure was not intentional.
Considering that ETH-NADO issued a formal notice of charge no less than 66 days after having lifted the initial provisional suspension, the Sole Arbitrator considered appropriate to backdate the period of ineligibility by 66 days from the date of 12 September 2025, when CAS imposed the provisional suspension, considering that such delay was disproportionate in light of the circumstances of this case and was not attributable to the Athlete.
Credit is granted for the 7-day period of provisional suspension served in March 2025. Accordingly, the start date of the 2-year period of ineligibility is 8 July 2025 and should end on 30 June 2027, if served without disruption. All competitive results obtained by the Athlete during the period from and including 25 February 2025 through the date of the CAS award shall be disqualified.”
Some International Olympic Committee (IOC) News
12 February 2026
Statement by IOC President Kirsty Coventry following her meeting with Ukrainian skeleton pilot Vladyslav Heraskevych
This morning, International Olympic Committee (IOC) President Kirsty Coventry met with skeleton pilot Vladyslav Heraskevych from Ukraine. They had a very respectful conversation.
Following the meeting, President Coventry spoke to the media and said:
“I felt that it was really important to come and talk to him face to face.
Athletes asked us to keep certain areas – the field of play, the podium and the Olympic Village – safe zones. How could we keep them safe in order to not be asked to use the field of play or the podium for something that they didn’t agree with?
No one – no one, especially me – is disagreeing with the messaging. The messaging is a powerful message. It’s a message of remembrance. It’s a message of memory.
It’s not about the messaging; it’s literally about the rules and the regulations. In this case – the field of play – we have to be able to keep a safe environment for everyone. And sadly, that just means no messaging is allowed.
We could find ways where we can pay homage to his message, to his helmet, before he races. And sadly, we’ve not been able to come to that solution.
We have these rules in place to try and be fair, and also to try and allow for us to do both things: to allow for athletes to express themselves, but also to allow for athletes to be safe.
For me, I was not speaking to him in that room as a president. I’m speaking to him as an athlete. I really wanted to see him race today.”
On an exceptional basis, after the very respectful conversation with the athlete, Coventry asked the IOC Disciplinary Commission (DC) Chair to re-consider the withdrawal of Vladyslav Heraskevych’s accreditation for the Milano Cortina 2026 Games. The Chair of the IOC DC agreed to the request, which means Mr Heraskevych can continue to be at the Milano Cortina 2026 Olympic Winter Games despite not being able to compete.
26 March 2026
Female (Women’s) Category in Olympic Sport
Following the approval on by the IOC Executive Board, the IOC has announced its new long-awaited Policy on the Protection of the Female (Women’s) Category in Olympic Sport and Guiding Considerations for International Federations and Sports Governing Bodies which will apply for the LA28 Olympic Games onwards, and is not retroactive.
Key facts:
- Eligibility for any female category event at the Olympic Games or any other IOC event, including individual and team sports, is now limited to biological females, determined on the basis of a one‑time SRY [Sex-determining region y] gene screening.
- Evidence‑based and expert‑informed, the policy – applicable for the LA28 Olympic Games onwards – protects fairness, safety and integrity in the female category.
- It is not retroactive and does not apply to any grassroots or recreational sports programmes.
The policy explains that, for all disciplines on the sports programme of an IOC event, including the Olympic Games and for both individual and team sports, eligibility for any female category is limited to biological females.
Eligibility for the female category is to be determined in the first instance by SRY gene screening to detect the absence or presence of the SRY gene.
Based on scientific evidence, the IOC considers that the presence of the SRY gene is fixed throughout life and represents highly accurate evidence that an athlete has experienced male sex development. Furthermore, the IOC considers that SRY gene screening via saliva, cheek swab or blood sample is unintrusive compared to other possible methods.
Athletes who screen negative for the SRY gene permanently satisfy this policy’s eligibility criteria for competition in the female category. Unless there is reason to believe that a negative reading is in error, this will be a once-in-a-lifetime test.
With the rare exception of athletes with a diagnosis of Complete Androgen Insensitivity Syndrome (CAIS) or other rare differences/disorders in sex development (DSDs) who do not benefit from the anabolic and/or performance-enhancing effects of testosterone, no athlete with an SRY-positive screen is eligible for competition in the female category at an IOC event.
Athletes with an SRY-positive screen, including XY transgender and androgen-sensitive XY-DSD athletes, continue to be included in all other classifications for which they qualify. For example, they are eligible for any male category, including in a designated male slot within any mixed category, and any open category, or in sports and events that do not classify athletes by sex.
Motor Sport
Formula 1 and the US/Israel Iran War
The Bahrain and Saudi Arabia Grands Prix, scheduled for April 2026 have been cancelled as a result of the war in the Middle East.
As freight would need to be shipped to the Middle East and, with no sign of the war between the US/Israel and Iran ending, holding the races, it was considered, would put personnel at too great a risk.
The Bahrain race was scheduled to take place on 12 April 2026 and the one in Jeddah on 19 April 2026.
Neither of these races will be replaced, with the 2026 season being reduced to 22 events. As a result, the teams and the commercial rights holder of Formula One are expected to lose more than £100 million (around Sw. Frs. 105.8 million), as Bahrain and Saudi Arabia pay two of the highest hosting fees.
The possibility, however, of holding these races at Portimão in Portugal, Imola in Italy or Istanbul Park in Turkey was considered, but it was accepted that the time needed to organise a race at any of those locations was too short, apart from the fact of there being little chance of securing a hosting fee.
The decision will mean that there is now a five-week break between the Japanese Grand Prix on 29 March 2025 and Miami Grand Prix on 3 May 2026.
The 2026 Formula One season will now comprise 22 races rather than 24, and everything will continue as usual after this new break in the races.
Formula I Academy
Rachel Robertson is British, 18 years old and a member of an elite group of women, who are breaking into motorsport, which has been dominated from the beginning by men and money.
Robertson is taking part in the F1 Academy, which is a female-only racing championship founded by the F1 Group, and wants to be the first woman driver in 50 years to qualify for Formula 1 itself.
She will be driving the PUMA car operated by Hitech.
She recalls that, when she began driving go-karts at the age of 14, she was the only girl on the racetrack, racing against boys, who regarded her as an annoyance, rather than a serious competitor; and if she won, they did not say anything!
Esmee Kosterman is Dutch, 20 years old and will be driving for the Lego-sponsored team in the F1 Academy. She also suffered the same attitude from the boys against whom she has been racing!
Alba Larsen is Danish, 17 years old and will be driving for Ferrari for the second year in the F1 Academy. She never imagined that she would be competing in the F1 Academy, because she could not envisage any women competing at the top level of professional motorsport.
And the participation of women in this male-dominated sport is the issue that the F1 Academy is aiming to address. According to the most recent study, only 10% of drivers, who are currently involved in motorsport, are women.
In fact, the last woman to compete in a F1 race was the Italian Lella Lombardi, who finished 14th out of 22 competitors in the Brazilian Grand Prix, which was held at the Interlagos circuit on 25 January 1976.
Ban on Motor Circuit Racing in Switzerland to be lifted
The long-standing ban on motor circuit racing in Switzerland, in place since the 1955 Le Mans disaster, in which more than 80 people were killed, is to be lifted on 1 June 2026, on which date amendments to the Road Traffic Act (LCR) will take effect.
Although circuit races were banned, time trials, hill climbing, and rallying were allowed.
The forthcoming change will permit, in principle, the return of full circuit racing.
The necessary legislation to repeal the ban was passed by both houses of the Swiss Parliament in 2022.
Although the Federal ban will disappear, the Swiss Cantons will retain authority to authorise events.
However, these may face environmental and practical hurdles.
The prospect of a Formula 1 Grand Prix race in Switzerland may not be expected in the foreseeable future, unless an entrepreneur is allowed to build a Formula 1 circuit, which may prove expensive and problematic in practice.
Association Football
Summer Summit on VAR
UEFA, the Governing Body of European Football, has called a meeting of referee chiefs from the English Premier League, La Liga, Serie A, the Bundesliga and Ligue 1 to discuss how to reset VAR to its intended interpretation of only intervening in the clearest of errors.
The head of UEFA referees, Roberto Rosetti, wishes to discuss with the Leagues how they use VAR, and the thresholds that they apply.
He remarked that: “I believe that we forgot the reason why VAR was introduced.”
And added that: “In objective decisions, it is fantastic. For interpretations, subjective evaluation is more difficult.”
VAR is operated in very different ways across European football.
European Union Competition Law and Italian Football
The Italian Council of State has upheld the AGCM decision against the Italian Football Federation (FIGC) for abuse of a dominant position, contrary to Article 102 of The Treaty on the Functioning of the European Union, regarding youth and amateur football competitions, confirming that sports federations are subject to antitrust rules affecting market access.
The FIGC conduct had, it was held, an exclusionary effect in the market for youth football competitions and could not objectively be justified by the need to protect athletes’ health or the integrity of the competitions.
This decision, which was confirmed on 6 January 2026, has solidified the AGCM stance that the FIGC rules hinder other organisers, even though a lower court initially annulled the fine, marking a significant win for competition enforcement in sports in Italy.
European Commission 2026 FIFA Men’s World Cup Ticket Prices Complaint
Football Supporters Europe (FSE) has filed a formal complaint to the European Commission against FIFA regarding its “excessive ticket prices” at the 2026 World Cup.
FSE, together with Euroconsumers, claims that FIFA has “abused its monopoly position” in setting prices for the tournament, which begins on 11 June 2026.
FSE has also called upon FIFA to abandon dynamic pricing – variability based on demand – and freeze prices for the April release of tickets.
FSE claims that: “FIFA holds a monopoly over ticket sales for the 2026 World Cup and has used that power to impose conditions on fans that would never be acceptable in a competitive market.”
Darts: Luke Littler Trademarks
Luke Littler, who at 19 years old is the youngest darts world champion in history, has applied to the UK Intellectual Property Office to trademark his face, in particular, to protect him against unauthorised generative AI.
Littler has won two World Championship titles in a row and has had his image used legally on darts merchandise, as well as by multiple brands, such as KP Nuts.
Littler has already trademarked his nickname “the Nuke” in the United States.
In October 2025, the Chelsea FC footballer, Cole Palmer, has also trademarked his facial image, his autograph as well as the expression “Cold Palmer”.
A registered trademark allows individuals and businesses to protect legally their ideas or brands from being exploited by others for profit without their permission.
Trademark registration is particularly important in protecting image rights and their commercialisation in licensing and merchandising deals in the UK, as image rights, per se, are not legally protected under English law.
For information and advice on sports image rights, email our International Sports Law Consultant, Prof Dr Ian Blackshaw, at ‘blackshaw@valloni.ch’.
Careers with Valloni Attorneys at Law
We are always looking to recruit further well-qualified and motivated members of our Team, who, in line with the ethos of our Law Firm, are focussed on results for our clients.
We would be very pleased to hear from such candidates, particularly from any Spanish lawyers with experience in sports law in Spain, especially association football, all of whom should email their CVs to our Managing Partner, Dr Lucien Valloni, at ‘valloni@valloni.ch’.
Further Information and Advice
For further details of any of the sports law issues covered in this Newsletter, please refer to the NEWS section of our website at ‘valloni.ch’.
Also, for any professional advice and assistance on any of these issues, or, indeed, on any other legal matters, especially disputes of a sporting or a commercial/financial nature, which are a particular specialism of our Law Firm, please email our Founder and Managing Partner, Dr Lucien Valloni, at ‘valloni@valloni.ch’. He will be very pleased to hear from you.
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