Provisional Measures in Cas Arbitrations

Stats Entertainment: The Legal and Regulatory Issues Arising from the Data Analytics Movement in Association Football. Part Two: Data Privacy, the Broader Legal Context, and Conclusions of the Legal Aspects of Data Analytics in Football

“…Finally, 23 as with all legal issues in sport, the compulsory system of arbitral dispute resolution under which football operates (as to which, see Duval, 2017) may have legal implications for football data analytics-particularly given those fora are used to determine matters which may be within the purview of data analytics, such as a player's market value (consider historically, for example, FC Shakhtar Donetsk v. Matuzalem & Real Zaragoza SAD (CAS 2008 (Novak and Kühne, 2020) in the context of anti-doping proceedings, and indeed have arisen in arbitral matters relating to player transfers (Barnsley Football Club Limited v Hull City Tigers). Data protection issues at the CAS may shape data analytics by influencing the approach to data taken by data issues in light of the jurisprudence of the CAS 24 and by presenting the data analytics industry with opportunities to provide objective measures to sports disputes, such as in the form of expert witness testimony (as to which, more generally, see Rigozzi and Quinn, 2014;Coleman and Taylor, 2020).…”