The Court of Arbitration for Sport Jurisprudence on Match‑fixing: A Legal Update

Authors : M. Diaconu, S. Kuwelkar, A. Kuhn

Citation : International Sports Law Journal (2021) 21 : 27–46

Abstract : The Court of Arbitration for Sport (CAS) jurisprudence on manipulation of sports competitions has vastly evolved from its initial award in RSC Anderlecht in 1998, to now Labuts in August 2020. Alongside, international and national regulations, as well as sporting regulations, including, most recently, the Council of Europe’s Macolin Convention on the Manipulation of Sports Competitions, have sought to effectively tackle the omnipresent, ever-growing phenomenon of competition manipulation. Against this backdrop, this article briefly outlines the existing legal landscape on manipulation, followed by a chronological detailing of each CAS-issued award. The key aspects of defining such sanctionable behaviour, select issues of standard of proof and types of evidence which are admissible and relied on, as well as the manner and quantum of sanction are then analysed. Ultimately, noting empirical trends across these awards, questions on ne bis in idem, the proportionality of sanctions, and legal certainty across CAS jurisprudence are raised.

Competition Manipulation in International Sport Federations’ Regulations: A Legal Synopsis

Authors : S. Kuwelker, M. Diaconu, A. Kuhn

Citation : International Sports Law Journal (2022) 

Abstract : Manipulation of competitions has long plagued the sport industry, afecting almost every sport over time. While sharing certain common features, the regulatory provisions and procedural responses to this phenomenon by international federations (IFs), sports’ governing bodies, vary on many aspects, including the defnition of the specifc ofence of “competition manipulation” itself, scope of application, especially in relationship to betting, categories of participants, mens rea elements such as recklessness and negligent behaviour, reporting obligations, aggravating and mitigating factors, and applicable sanctions across sports and within a sport/discipline. More nuanced items within internal disciplinary procedure also vary across federations, such as standard of proof and evidence. The purpose of this study is to ofer a comparative synopsis of the regulations of 43 IFs governing Olympic and certain non-Olympic sports, to provide a critical overview of specifc aspects of the above mentioned factors in the regulations and to identify areas of improvement for the future

The Concept of Manipulation under the Macolin Convention

Authors : M. Diaconu, A. Kuhn, S. Kuwelker

Citation : Causa Sport (2022) 19/2 : 145 - 161 

Extract : "According to Article 3.4 of the Macolin Convention, “manipulation of sport competitions means an intentional arrangement, act or omission aimed at an improper alteration of the result or the course of a sport competition in order to remove all or part of the unpredictable nature of the aforementioned sport competition with a view to obtaining an undue advantage for oneself or for others.”

But whatever the definition given to it, it is clear that competition manipulation kills the spirit of sport, as it in involves cheating to remove the unpredictability of a competition.

The definition in Article 3.4 of the Macolin Convention was revisited in 2018. Since 2016, a Network of National Platforms (known as “the Group of Copenhagen”) was established by the Council of Europe, and notably “revolutionized” currently used terms. Remarkably, an “Updated Concept” was published in November 2018, with the purpose of updating the terminology and of clarifying the concept of “manipulations of sports competitions.

The purpose of this article is to examine, in a critical manner, the current definition of competition manipulation as proposed by the Council of Europe’s Updated Concept, while analyzing the different elements of such definition, in their historical and legal context."

Commentary of CAS award 2018/A/5800 Samir Arab v. UEFA, award of 14 November 2018

Authors : M. Diaconu

Citation : Yearbook of International Sports Arbitration 2018-2020, https://doi.org/10.1007/15757_2022_37 

Match-fixing, the Macolin Convention and Swiss law: An Overview

Authors : M. Diaconu, A. Kuhn

Citation : Jusletter (September 16, 2019)

Abstract : On September 1, 2019, the Council of Europe Convention on the Manipulation of Sports Competitions (also known as the Macolin Convention) entered into force. In Switzerland, it has mainly resulted in the adoption of Art. 25a of the Law on the Promotion of Sport, criminalizing the manipulation of sports competitions for which bets are offered. In the present contribution, various penal provisions are reviewed in an attempt to understand the extent of the overall penal protection currently offered in Switzerland with respect to the manipulation of sports competitions.