	(250727,24457,'MetaValueOld','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignleft size-full wp-image-8024\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_657601672.jpg\" alt=\"\" width=\"7000\" height=\"3000\" />The 2022 FIFA World Cup™ is shaping up to be a momentous event. It will be the first to be held in the Middle East and the first to be hosted by an Arab country. It is well-known that the FIFA obligations imposed on a host country in relation to the tournament involve substantial changes to its laws in order to accommodate FIFA’s commercial, licensing and tax requirements, among other issues.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This is not to say FIFA can simply impose its will and insist on complete changes to Qatar’s legal system. Qatar is a relatively conservative Arab country with traditional and established legal concepts and customs. While by necessity, and by virtue of similar situations at previous World Cups, changes will need to be made to certain local laws to meet FIFA requirements, such changes will need to be through agreements between the host country and FIFA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Getting this balance right will result in mutual benefits for Qatar and FIFA to create a successful tournament as well developing an ongoing legacy for the host country in conjunction with the Qatar National Vision 2030. Some of these changes in law are still to be agreed while others may have already set in motion positive developments, as further shown below.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal challenges</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">FIFA has strict requirements in respect of all aspects relating to a World Cup, from stadium construction, accommodation and transport to publicity and marketing matters related to the event. Changes to local laws are generally needed in order to allow for, among other things, FIFA to obtain all required Qatar government guarantees in respect of the World Cup, FIFA-designated goods and merchandise to be imported into Qatar free of customs duties, FIFA’s intellectual property (‘IP’) and authorised sponsors and licensees to be protected against unlawful third party actions such as sale of counterfeit goods and ambush marketing (see more below). FIFA also requires that it is exempted from taxation or otherwise favourably treated in respect of World Cup-related income.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">While there will be changes made to comply with such FIFA requirements it will generally still be necessary for persons doing business in Qatar to comply with existing Qatar laws, for example in respect of IP protection, events, customs and consumer protection, to the extent there is no conflict between the two.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Specific changes to laws and/or the enactment of enabling laws in respect of government guarantees, customs requirements and taxation have not yet been implemented. It is expected these will be agreed between Qatar and FIFA within an appropriate time period prior to the 2022 tournament, although the basis and extent of these new laws is not yet clear. It seems, however, that in respect of licensing and merchandising matters, such as in respect of ambush marketing and fake/counterfeit merchandise, the legal approach and position will be similar to that taken at previous World Cups, .</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Sponsorship and Merchandising</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Ambush marketing is essentially the unauthorised association by an entity of its products and/or services in respect of an event where it has no sponsorship or licensing rights. The entity is often a competitor of a duly authorised event sponsor/licensee. The aim, via clever marketing and the pushing of legal boundaries, is to create the perception (and obtain the related commercial value) of the ambushing entity being associated with the event in question, to the detriment and loss of the authorised event sponsor or licensee who has paid a substantial amount for such privilege.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Fake/counterfeit merchandising involves the sale to the public of event-themed and event-linked goods where the sellers are not authorised to do so and/or where the actual goods being sold have been not produced under authorised licence.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As with previous World Cup tournaments, the intention of the Qatar authorities and FIFA is not to take a heavy-handed approach but at the same time ensure that action is taken quickly and decisively against any infringing persons. Special investigative units and courts specifically to deal with cases of ambush marketing and counterfeit merchandise will be created. This will involve enabling legislation being introduced to allow authorised officials to monitor and stop infringements by conducting local investigations and court hearings and issuing immediate fines to perpetrators. The plan is not to provide for any jail sentences but in all cases the infringing goods would be confiscated.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">These additional legal provisions will be supplementary to existing Qatari copyright and trademark laws which protect IP and related licensing rights in accordance with international standards. FIFA has also published an exhaustive and extremely strict code of what it considers to be unacceptable marketing practices surrounding its World Cup tournament.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Customs and Consumer Protection</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Irrespective of specific agreements reached with FIFA, any goods coming into Qatar in connection with the World Cup will need to comply with the existing Customs Law, whereby the General Authority of Customs have the right not to permit any goods to clear customs and enter Qatar unless such goods have been approved by the relevant authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Incoming goods will also need to comply with the existing Consumer Protection Law. This gives consumers in Qatar the right, amongst others, to return defective products, to the repair or replacement of any defective products and the right to receive accurate information about the products. The Consumer Protection Law prohibits the sale or marketing of defective or expired goods, with goods considered defective if they do not comply with specific standards, are unfit for purpose or have expired.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Electronic Commerce Law also addresses certain consumer rights by stating that its provisions are applicable to the provisions of the Consumer Protection Law. This ensures that both physical and online sales and marketing transactions are covered in relation to counterfeit goods.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Tourism and Events Management</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The provisions of the Tourism Licensing Law, which govern business activities in the tourism sector within Qatar, are applicable to the hotel and other industries within the tourism sector. They will impact related World Cup activities and ventures. The law regulates ‘tourism establishments’, defined as places operating mainly to accommodate tourists, such as entertainment establishments and specialised clubs, and other places allocated to provide services for tourists, such as tourism offices, offices offering tourist transport, tourist guide offices and time-sharing places, and any other establishment deemed to be a tourist establishment in accordance with a decision of the Minister of Economy and Commerce or the proposal of the President of the Qatar Tourism Authority. It also covers ‘tourism activities’: any activity of the transport of tourists including the transport of tourists on trips onshore or offshore, the activities of tour guides, time-sharing and any other activity deemed to be a tourist activity in accordance with a decision of the Minister of Economy and Commerce or the proposal of the President of the Qatar Tourism Authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Under the Tourism Licensing Law, a licence is required to establish or manage a hotel or tourist establishment or to practise any tourist activity. Applications for such a licence is made to the Qatar Tourism Authority and all hotel and/or tour operators wishing to conduct such activities in relation to the 2022 World Cup will need to be aware of such requirement.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Gambling</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">As with all major sporting events, the World Cup will generate substantial gambling activities. Gambling is prohibited in Qatar in all forms, whether land-based or online, as well as the advertising of gambling activities. Accordingly it is unlikely that any gambling will be tolerated and any offenders would face prosecution. The risk of enforcement against an online gambling operator outside of Qatar is lower but the offending website could be blocked by the authorities pursuant to provisions under the Cybercrime Law, which also provide for the confiscation of all devices, software or equipment used in the commission of the offence and the confiscation of any funds obtained from such offence.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Worker’s Rights and Laws</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Due to the extensive construction and infrastructure projects associated with the 2022 World Cup in terms of stadiums, accommodation and transport, a lot of attention has been focused on the rights and welfare of the many workers who will be engaged on these projects. Certain rights and protections are granted to workers in Qatar under the Labour Law and these have been further supplemented pursuant to the adoption in 2013 of specific workers’ charters by the Supreme Committee for Delivery and Legacy (the ‘SC 2022’) and Qatar Foundation for Science, Education and Community Development (the ‘Qatar Foundation’).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Labour Law provides workers with certain rights and protections in respect of the provision of necessary equipment, the nature of work to be performed, remuneration, working hours and holidays, annual and sick leave, other forms of leave, occupational health and safety, compensation for accidents and death, end-of-service gratuity and repatriation obligation upon termination. Non-Qatari workers are not permitted to form worker committees, unions or similar collective organisations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SC 2022’s Workers’ Welfare Standards charter, which covers all workers engaged in the World Cup stadium construction and infrastructure projects overseen by the SC 2022, says additional protections are provided to such workers requiring all its contractors and subcontractors for stadium-related projects to comply with such charter. These protections include, without limitation, ethical recruitment and fair treatment, employment offer minimum requirements, responsibility for relocation costs to Qatar, no retention of worker passports or other personal documents, dignified and ethical employment conditions, the provision of medical insurance, accommodation and food standards, reporting requirements for employers, the creation of workers’ welfare forums, transportation and site requirements and access to information in an appropriate language.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Qatar Foundation Mandatory Standards of Migrant Workers’ Welfare document provides similar additional rights and protections for workers involved in all Qatar Foundation projects, which includes one of the World Cup 2022 stadiums and related facilities. The Qatar Foundation charter sets out certain minimum standards with regards to the recruitment, living and working conditions of workers engaged in construction and other projects at the Qatar Foundation. These standards are applicable to, and compliance is required from, all contractors and subcontractors of Qatar Foundation. The required standards include, without limitation, preparation of a welfare adherence plan and related audit, workers being informed as to all entitlements, a safe and healthy work environment, a clean, safe and healthy living environment, equal and humane treatment, equal pay for equal work, regulated working hours, medical insurance and skills training.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Accessibility Requirements</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accessibility to stadiums for disabled persons and/or persons in wheelchairs is a mandatory requirement of FIFA for all stadiums constructed for a World Cup tournament. In this respect, the SC 2022 is ensuring that all World Cup 2022 venues will be accessible to persons with disabilities so as to make the event inclusive for all. Pursuant to this requirement, accessibility is incorporated into all areas of stadium and venue design such as seating, entry and exit points, parking and toilet facilities. The SC 2022 has advised that the amount of seating for disabled persons (including for disabled media representatives) will be based on the size of each stadium and will include places for people with autism as well.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a local perspective there is no substantial legal provision in respect of accessibility requirements for persons with disabilities. In terms of the Qatari Law in respect of People with Special Needs, there is a general requirement to provide people with special needs with, inter alia, the means for assisted transport and equipment, accommodation for safe and secure movement as well as special facilities in public places. The Ministry of Municipality and Environment covers some of these aspects in terms of its requirements for building works, along with various other ministries and local authorities in relation to building matters, but these requirements do not extend as far as those of FIFA in terms of accessibility. However, the overall scope of the World Cup 2022 requirements would seem to imply accessibility requirements for disabled persons will inevitably need to be extended to other World Cup-related areas such as hotels and accommodation, airport and transport facilities and fan zones in order to be compatible with those at the stadium venues.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Summary</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">FIFA has strict benchmarks to meet when it comes to the stadiums, facilities, logistics and publicity for World Cup events while Qatar has strict legislation that cannot be easily or quickly changed. The attaining of a mutually beneficial solution will take time but can be achieved after undertaking detailed research and analysis to understand the laws that may need to be enacted or changed to host the tournament.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">There are plenty of precedents for this. South Africa for instance enacted a law to enable speedy trials in special courts in respect of crimes by fans, Brazil enacted legislation to accommodate FIFA requirements and Russia, the 2018 hosts, have also made changes to their laws in connection with the World Cup.</p>\r\n<img class=\"alignleft size-full wp-image-8026\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1115518292.jpg\" alt=\"\" width=\"5043\" height=\"2073\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The process of analysis is well under way in Qatar and changes to laws and standards in connection with World Cup 2022 have been and continue to be considered. The prospects seem to be in place for finding a solution that satisfies external and internal stakeholders, ensures a successful tournament for FIFA and the host nation as well leaving a meaningful legacy of progressive standards and legal considerations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>NB: A version of this article was first published during the week of 18 June 2018 on Lawinsport.com.</em></p>\r\n<em>Al Tamimi &amp; Company’s TMT team regularly advises on the full spectrum of technology, media and telecommunications matters and Roberto routinely provides key support to our Sports Law and Events Management practice. For further information please contact Steve Bainbridge (s.bainbridge@tamimi.com) or Roberto Lusardi (r.lusardi@tamimi.com).</em>'),
	(250728,24457,'MetaLink','content'),
	(250729,24457,'EditorLinkPost','http://localhost:8888/tamimi/wp-admin/post.php?post=7950&amp;action=edit'),
	(250730,24457,'ReportText','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignleft size-full wp-image-8024\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_657601672.jpg\" alt=\"\" width=\"7000\" height=\"3000\" />The 2022 FIFA World Cup™ is shaping up to be a momentous event. It will be the first to be held in the Middle East and the first to be hosted by an Arab country. It is well-known that the FIFA obligations imposed on a host country in relation to the tournament involve substantial changes to its laws in order to accommodate FIFA’s commercial, licensing and tax requirements, among other issues.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This is not to say FIFA can simply impose its will and insist on complete changes to Qatar’s legal system. Qatar is a relatively conservative Arab country with traditional and established legal concepts and customs. While by necessity, and by virtue of similar situations at previous World Cups, changes will need to be made to certain local laws to meet FIFA requirements, such changes will need to be through agreements between the host country and FIFA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Getting this balance right will result in mutual benefits for Qatar and FIFA to create a successful tournament as well developing an ongoing legacy for the host country in conjunction with the Qatar National Vision 2030. Some of these changes in law are still to be agreed while others may have already set in motion positive developments, as further shown below.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal challenges</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">FIFA has strict requirements in respect of all aspects relating to a World Cup, from stadium construction, accommodation and transport to publicity and marketing matters related to the event. Changes to local laws are generally needed in order to allow for, among other things, FIFA to obtain all required Qatar government guarantees in respect of the World Cup, FIFA-designated goods and merchandise to be imported into Qatar free of customs duties, FIFA’s intellectual property (‘IP’) and authorised sponsors and licensees to be protected against unlawful third party actions such as sale of counterfeit goods and ambush marketing (see more below). FIFA also requires that it is exempted from taxation or otherwise favourably treated in respect of World Cup-related income.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">While there will be changes made to comply with such FIFA requirements it will generally still be necessary for persons doing business in Qatar to comply with existing Qatar laws, for example in respect of IP protection, events, customs and consumer protection, to the extent there is no conflict between the two.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Specific changes to laws and/or the enactment of enabling laws in respect of government guarantees, customs requirements and taxation have not yet been implemented. It is expected these will be agreed between Qatar and FIFA within an appropriate time period prior to the 2022 tournament, although the basis and extent of these new laws is not yet clear. It seems, however, that in respect of licensing and merchandising matters, such as in respect of ambush marketing and fake/counterfeit merchandise, the legal approach and position will be similar to that taken at previous World Cups, .</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Sponsorship and Merchandising</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Ambush marketing is essentially the unauthorised association by an entity of its products and/or services in respect of an event where it has no sponsorship or licensing rights. The entity is often a competitor of a duly authorised event sponsor/licensee. The aim, via clever marketing and the pushing of legal boundaries, is to create the perception (and obtain the related commercial value) of the ambushing entity being associated with the event in question, to the detriment and loss of the authorised event sponsor or licensee who has paid a substantial amount for such privilege.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Fake/counterfeit merchandising involves the sale to the public of event-themed and event-linked goods where the sellers are not authorised to do so and/or where the actual goods being sold have been not produced under authorised licence.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As with previous World Cup tournaments, the intention of the Qatar authorities and FIFA is not to take a heavy-handed approach but at the same time ensure that action is taken quickly and decisively against any infringing persons. Special investigative units and courts specifically to deal with cases of ambush marketing and counterfeit merchandise will be created. This will involve enabling legislation being introduced to allow authorised officials to monitor and stop infringements by conducting local investigations and court hearings and issuing immediate fines to perpetrators. The plan is not to provide for any jail sentences but in all cases the infringing goods would be confiscated.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">These additional legal provisions will be supplementary to existing Qatari copyright and trademark laws which protect IP and related licensing rights in accordance with international standards. FIFA has also published an exhaustive and extremely strict code of what it considers to be unacceptable marketing practices surrounding its World Cup tournament.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Customs and Consumer Protection</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Irrespective of specific agreements reached with FIFA, any goods coming into Qatar in connection with the World Cup will need to comply with the existing Customs Law, whereby the General Authority of Customs have the right not to permit any goods to clear customs and enter Qatar unless such goods have been approved by the relevant authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Incoming goods will also need to comply with the existing Consumer Protection Law. This gives consumers in Qatar the right, amongst others, to return defective products, to the repair or replacement of any defective products and the right to receive accurate information about the products. The Consumer Protection Law prohibits the sale or marketing of defective or expired goods, with goods considered defective if they do not comply with specific standards, are unfit for purpose or have expired.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Electronic Commerce Law also addresses certain consumer rights by stating that its provisions are applicable to the provisions of the Consumer Protection Law. This ensures that both physical and online sales and marketing transactions are covered in relation to counterfeit goods.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Tourism and Events Management</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The provisions of the Tourism Licensing Law, which govern business activities in the tourism sector within Qatar, are applicable to the hotel and other industries within the tourism sector. They will impact related World Cup activities and ventures. The law regulates ‘tourism establishments’, defined as places operating mainly to accommodate tourists, such as entertainment establishments and specialised clubs, and other places allocated to provide services for tourists, such as tourism offices, offices offering tourist transport, tourist guide offices and time-sharing places, and any other establishment deemed to be a tourist establishment in accordance with a decision of the Minister of Economy and Commerce or the proposal of the President of the Qatar Tourism Authority. It also covers ‘tourism activities’: any activity of the transport of tourists including the transport of tourists on trips onshore or offshore, the activities of tour guides, time-sharing and any other activity deemed to be a tourist activity in accordance with a decision of the Minister of Economy and Commerce or the proposal of the President of the Qatar Tourism Authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Under the Tourism Licensing Law, a licence is required to establish or manage a hotel or tourist establishment or to practise any tourist activity. Applications for such a licence is made to the Qatar Tourism Authority and all hotel and/or tour operators wishing to conduct such activities in relation to the 2022 World Cup will need to be aware of such requirement.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Gambling</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">As with all major sporting events, the World Cup will generate substantial gambling activities. Gambling is prohibited in Qatar in all forms, whether land-based or online, as well as the advertising of gambling activities. Accordingly it is unlikely that any gambling will be tolerated and any offenders would face prosecution. The risk of enforcement against an online gambling operator outside of Qatar is lower but the offending website could be blocked by the authorities pursuant to provisions under the Cybercrime Law, which also provide for the confiscation of all devices, software or equipment used in the commission of the offence and the confiscation of any funds obtained from such offence.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Worker’s Rights and Laws</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Due to the extensive construction and infrastructure projects associated with the 2022 World Cup in terms of stadiums, accommodation and transport, a lot of attention has been focused on the rights and welfare of the many workers who will be engaged on these projects. Certain rights and protections are granted to workers in Qatar under the Labour Law and these have been further supplemented pursuant to the adoption in 2013 of specific workers’ charters by the Supreme Committee for Delivery and Legacy (the ‘SC 2022’) and Qatar Foundation for Science, Education and Community Development (the ‘Qatar Foundation’).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Labour Law provides workers with certain rights and protections in respect of the provision of necessary equipment, the nature of work to be performed, remuneration, working hours and holidays, annual and sick leave, other forms of leave, occupational health and safety, compensation for accidents and death, end-of-service gratuity and repatriation obligation upon termination. Non-Qatari workers are not permitted to form worker committees, unions or similar collective organisations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SC 2022’s Workers’ Welfare Standards charter, which covers all workers engaged in the World Cup stadium construction and infrastructure projects overseen by the SC 2022, says additional protections are provided to such workers requiring all its contractors and subcontractors for stadium-related projects to comply with such charter. These protections include, without limitation, ethical recruitment and fair treatment, employment offer minimum requirements, responsibility for relocation costs to Qatar, no retention of worker passports or other personal documents, dignified and ethical employment conditions, the provision of medical insurance, accommodation and food standards, reporting requirements for employers, the creation of workers’ welfare forums, transportation and site requirements and access to information in an appropriate language.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Qatar Foundation Mandatory Standards of Migrant Workers’ Welfare document provides similar additional rights and protections for workers involved in all Qatar Foundation projects, which includes one of the World Cup 2022 stadiums and related facilities. The Qatar Foundation charter sets out certain minimum standards with regards to the recruitment, living and working conditions of workers engaged in construction and other projects at the Qatar Foundation. These standards are applicable to, and compliance is required from, all contractors and subcontractors of Qatar Foundation. The required standards include, without limitation, preparation of a welfare adherence plan and related audit, workers being informed as to all entitlements, a safe and healthy work environment, a clean, safe and healthy living environment, equal and humane treatment, equal pay for equal work, regulated working hours, medical insurance and skills training.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Accessibility Requirements</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accessibility to stadiums for disabled persons and/or persons in wheelchairs is a mandatory requirement of FIFA for all stadiums constructed for a World Cup tournament. In this respect, the SC 2022 is ensuring that all World Cup 2022 venues will be accessible to persons with disabilities so as to make the event inclusive for all. Pursuant to this requirement, accessibility is incorporated into all areas of stadium and venue design such as seating, entry and exit points, parking and toilet facilities. The SC 2022 has advised that the amount of seating for disabled persons (including for disabled media representatives) will be based on the size of each stadium and will include places for people with autism as well.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a local perspective there is no substantial legal provision in respect of accessibility requirements for persons with disabilities. In terms of the Qatari Law in respect of People with Special Needs, there is a general requirement to provide people with special needs with, inter alia, the means for assisted transport and equipment, accommodation for safe and secure movement as well as special facilities in public places. The Ministry of Municipality and Environment covers some of these aspects in terms of its requirements for building works, along with various other ministries and local authorities in relation to building matters, but these requirements do not extend as far as those of FIFA in terms of accessibility. However, the overall scope of the World Cup 2022 requirements would seem to imply accessibility requirements for disabled persons will inevitably need to be extended to other World Cup-related areas such as hotels and accommodation, airport and transport facilities and fan zones in order to be compatible with those at the stadium venues.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Summary</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">FIFA has strict benchmarks to meet when it comes to the stadiums, facilities, logistics and publicity for World Cup events while Qatar has strict legislation that cannot be easily or quickly changed. The attaining of a mutually beneficial solution will take time but can be achieved after undertaking detailed research and analysis to understand the laws that may need to be enacted or changed to host the tournament.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">There are plenty of precedents for this. South Africa for instance enacted a law to enable speedy trials in special courts in respect of crimes by fans, Brazil enacted legislation to accommodate FIFA requirements and Russia, the 2018 hosts, have also made changes to their laws in connection with the World Cup.</p>\r\n<img class=\"alignleft size-full wp-image-8026\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1115518292.jpg\" alt=\"\" width=\"5043\" height=\"2073\" />\r\n<p dir=\"LTR\" align=\"LEFT\">The process of analysis is well under way in Qatar and changes to laws and standards in connection with World Cup 2022 have been and continue to be considered. The prospects seem to be in place for finding a solution that satisfies external and internal stakeholders, ensures a successful tournament for FIFA and the host nation as well leaving a meaningful legacy of progressive standards and legal considerations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>NB: A version of this article was first published during the week of 18 June 2018 on Lawinsport.com.</em></p>\r\n<em>Al Tamimi &amp; Company’s TMT team regularly advises on the full spectrum of technology, media and telecommunications matters and Roberto routinely provides key support to our Sports Law and Events Management practice. For further information please contact Steve Bainbridge (s.bainbridge@tamimi.com) or Roberto Lusardi (r.lusardi@tamimi.com).</em>|<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignleft size-full wp-image-8029\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/8678.jpg\" alt=\"\" width=\"7000\" height=\"2173\" />The 2022 FIFA World Cup™ is shaping up to be a momentous event. It will be the first to be held in the Middle East and the first to be hosted by an Arab country. It is well-known that the FIFA obligations imposed on a host country in relation to the tournament involve substantial changes to its laws in order to accommodate FIFA’s commercial, licensing and tax requirements, among other issues.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This is not to say FIFA can simply impose its will and insist on complete changes to Qatar’s legal system. Qatar is a relatively conservative Arab country with traditional and established legal concepts and customs. While by necessity, and by virtue of similar situations at previous World Cups, changes will need to be made to certain local laws to meet FIFA requirements, such changes will need to be through agreements between the host country and FIFA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Getting this balance right will result in mutual benefits for Qatar and FIFA to create a successful tournament as well developing an ongoing legacy for the host country in conjunction with the Qatar National Vision 2030. Some of these changes in law are still to be agreed while others may have already set in motion positive developments, as further shown below.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal challenges</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">FIFA has strict requirements in respect of all aspects relating to a World Cup, from stadium construction, accommodation and transport to publicity and marketing matters related to the event. Changes to local laws are generally needed in order to allow for, among other things, FIFA to obtain all required Qatar government guarantees in respect of the World Cup, FIFA-designated goods and merchandise to be imported into Qatar free of customs duties, FIFA’s intellectual property (‘IP’) and authorised sponsors and licensees to be protected against unlawful third party actions such as sale of counterfeit goods and ambush marketing (see more below). FIFA also requires that it is exempted from taxation or otherwise favourably treated in respect of World Cup-related income.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">While there will be changes made to comply with such FIFA requirements it will generally still be necessary for persons doing business in Qatar to comply with existing Qatar laws, for example in respect of IP protection, events, customs and consumer protection, to the extent there is no conflict between the two.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Specific changes to laws and/or the enactment of enabling laws in respect of government guarantees, customs requirements and taxation have not yet been implemented. It is expected these will be agreed between Qatar and FIFA within an appropriate time period prior to the 2022 tournament, although the basis and extent of these new laws is not yet clear. It seems, however, that in respect of licensing and merchandising matters, such as in respect of ambush marketing and fake/counterfeit merchandise, the legal approach and position will be similar to that taken at previous World Cups, .</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Sponsorship and Merchandising</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Ambush marketing is essentially the unauthorised association by an entity of its products and/or services in respect of an event where it has no sponsorship or licensing rights. The entity is often a competitor of a duly authorised event sponsor/licensee. The aim, via clever marketing and the pushing of legal boundaries, is to create the perception (and obtain the related commercial value) of the ambushing entity being associated with the event in question, to the detriment and loss of the authorised event sponsor or licensee who has paid a substantial amount for such privilege.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Fake/counterfeit merchandising involves the sale to the public of event-themed and event-linked goods where the sellers are not authorised to do so and/or where the actual goods being sold have been not produced under authorised licence.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As with previous World Cup tournaments, the intention of the Qatar authorities and FIFA is not to take a heavy-handed approach but at the same time ensure that action is taken quickly and decisively against any infringing persons. Special investigative units and courts specifically to deal with cases of ambush marketing and counterfeit merchandise will be created. This will involve enabling legislation being introduced to allow authorised officials to monitor and stop infringements by conducting local investigations and court hearings and issuing immediate fines to perpetrators. The plan is not to provide for any jail sentences but in all cases the infringing goods would be confiscated.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">These additional legal provisions will be supplementary to existing Qatari copyright and trademark laws which protect IP and related licensing rights in accordance with international standards. FIFA has also published an exhaustive and extremely strict code of what it considers to be unacceptable marketing practices surrounding its World Cup tournament.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Customs and Consumer Protection</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Irrespective of specific agreements reached with FIFA, any goods coming into Qatar in connection with the World Cup will need to comply with the existing Customs Law, whereby the General Authority of Customs have the right not to permit any goods to clear customs and enter Qatar unless such goods have been approved by the relevant authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Incoming goods will also need to comply with the existing Consumer Protection Law. This gives consumers in Qatar the right, amongst others, to return defective products, to the repair or replacement of any defective products and the right to receive accurate information about the products. The Consumer Protection Law prohibits the sale or marketing of defective or expired goods, with goods considered defective if they do not comply with specific standards, are unfit for purpose or have expired.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Electronic Commerce Law also addresses certain consumer rights by stating that its provisions are applicable to the provisions of the Consumer Protection Law. This ensures that both physical and online sales and marketing transactions are covered in relation to counterfeit goods.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Tourism and Events Management</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The provisions of the Tourism Licensing Law, which govern business activities in the tourism sector within Qatar, are applicable to the hotel and other industries within the tourism sector. They will impact related World Cup activities and ventures. The law regulates ‘tourism establishments’, defined as places operating mainly to accommodate tourists, such as entertainment establishments and specialised clubs, and other places allocated to provide services for tourists, such as tourism offices, offices offering tourist transport, tourist guide offices and time-sharing places, and any other establishment deemed to be a tourist establishment in accordance with a decision of the Minister of Economy and Commerce or the proposal of the President of the Qatar Tourism Authority. It also covers ‘tourism activities’: any activity of the transport of tourists including the transport of tourists on trips onshore or offshore, the activities of tour guides, time-sharing and any other activity deemed to be a tourist activity in accordance with a decision of the Minister of Economy and Commerce or the proposal of the President of the Qatar Tourism Authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Under the Tourism Licensing Law, a licence is required to establish or manage a hotel or tourist establishment or to practise any tourist activity. Applications for such a licence is made to the Qatar Tourism Authority and all hotel and/or tour operators wishing to conduct such activities in relation to the 2022 World Cup will need to be aware of such requirement.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Gambling</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">As with all major sporting events, the World Cup will generate substantial gambling activities. Gambling is prohibited in Qatar in all forms, whether land-based or online, as well as the advertising of gambling activities. Accordingly it is unlikely that any gambling will be tolerated and any offenders would face prosecution. The risk of enforcement against an online gambling operator outside of Qatar is lower but the offending website could be blocked by the authorities pursuant to provisions under the Cybercrime Law, which also provide for the confiscation of all devices, software or equipment used in the commission of the offence and the confiscation of any funds obtained from such offence.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Worker’s Rights and Laws</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Due to the extensive construction and infrastructure projects associated with the 2022 World Cup in terms of stadiums, accommodation and transport, a lot of attention has been focused on the rights and welfare of the many workers who will be engaged on these projects. Certain rights and protections are granted to workers in Qatar under the Labour Law and these have been further supplemented pursuant to the adoption in 2013 of specific workers’ charters by the Supreme Committee for Delivery and Legacy (the ‘SC 2022’) and Qatar Foundation for Science, Education and Community Development (the ‘Qatar Foundation’).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Labour Law provides workers with certain rights and protections in respect of the provision of necessary equipment, the nature of work to be performed, remuneration, working hours and holidays, annual and sick leave, other forms of leave, occupational health and safety, compensation for accidents and death, end-of-service gratuity and repatriation obligation upon termination. Non-Qatari workers are not permitted to form worker committees, unions or similar collective organisations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SC 2022’s Workers’ Welfare Standards charter, which covers all workers engaged in the World Cup stadium construction and infrastructure projects overseen by the SC 2022, says additional protections are provided to such workers requiring all its contractors and subcontractors for stadium-related projects to comply with such charter. These protections include, without limitation, ethical recruitment and fair treatment, employment offer minimum requirements, responsibility for relocation costs to Qatar, no retention of worker passports or other personal documents, dignified and ethical employment conditions, the provision of medical insurance, accommodation and food standards, reporting requirements for employers, the creation of workers’ welfare forums, transportation and site requirements and access to information in an appropriate language.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Qatar Foundation Mandatory Standards of Migrant Workers’ Welfare document provides similar additional rights and protections for workers involved in all Qatar Foundation projects, which includes one of the World Cup 2022 stadiums and related facilities. The Qatar Foundation charter sets out certain minimum standards with regards to the recruitment, living and working conditions of workers engaged in construction and other projects at the Qatar Foundation. These standards are applicable to, and compliance is required from, all contractors and subcontractors of Qatar Foundation. The required standards include, without limitation, preparation of a welfare adherence plan and related audit, workers being informed as to all entitlements, a safe and healthy work environment, a clean, safe and healthy living environment, equal and humane treatment, equal pay for equal work, regulated working hours, medical insurance and skills training.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Accessibility Requirements</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accessibility to stadiums for disabled persons and/or persons in wheelchairs is a mandatory requirement of FIFA for all stadiums constructed for a World Cup tournament. In this respect, the SC 2022 is ensuring that all World Cup 2022 venues will be accessible to persons with disabilities so as to make the event inclusive for all. Pursuant to this requirement, accessibility is incorporated into all areas of stadium and venue design such as seating, entry and exit points, parking and toilet facilities. The SC 2022 has advised that the amount of seating for disabled persons (including for disabled media representatives) will be based on the size of each stadium and will include places for people with autism as well.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a local perspective there is no substantial legal provision in respect of accessibility requirements for persons with disabilities. In terms of the Qatari Law in respect of People with Special Needs, there is a general requirement to provide people with special needs with, inter alia, the means for assisted transport and equipment, accommodation for safe and secure movement as well as special facilities in public places. The Ministry of Municipality and Environment covers some of these aspects in terms of its requirements for building works, along with various other ministries and local authorities in relation to building matters, but these requirements do not extend as far as those of FIFA in terms of accessibility. However, the overall scope of the World Cup 2022 requirements would seem to imply accessibility requirements for disabled persons will inevitably need to be extended to other World Cup-related areas such as hotels and accommodation, airport and transport facilities and fan zones in order to be compatible with those at the stadium venues.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Summary</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">FIFA has strict benchmarks to meet when it comes to the stadiums, facilities, logistics and publicity for World Cup events while Qatar has strict legislation that cannot be easily or quickly changed. The attaining of a mutually beneficial solution will take time but can be achieved after undertaking detailed research and analysis to understand the laws that may need to be enacted or changed to host the tournament.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">There are plenty of precedents for this. South Africa for instance enacted a law to enable speedy trials in special courts in respect of crimes by fans, Brazil enacted legislation to accommodate FIFA requirements and Russia, the 2018 hosts, have also made changes to their laws in connection with the World Cup.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The process of analysis is well under way in Qatar and changes to laws and standards in connection with World Cup 2022 have been and continue to be considered. The prospects seem to be in place for finding a solution that satisfies external and internal stakeholders, ensures a successful tournament for FIFA and the host nation as well leaving a meaningful legacy of progressive standards and legal considerations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em><img class=\"alignleft size-full wp-image-8030\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/KJBNKJN.jpg\" alt=\"\" width=\"5043\" height=\"1477\" />NB: A version of this article was first published during the week of 18 June 2018 on Lawinsport.com.</em></p>\r\n<em>Al Tamimi &amp; Company’s TMT team regularly advises on the full spectrum of technology, media and telecommunications matters and Roberto routinely provides key support to our Sports Law and Events Management practice. For further information please contact Steve Bainbridge (s.bainbridge@tamimi.com) or Roberto Lusardi (r.lusardi@tamimi.com).</em>'),
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	(250769,24461,'PostTitle','The Privatisation of Saudi Arabia’s Football Clubs: An Update'),
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	(250776,24461,'MetaValueNew','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignleft size-full wp-image-8028\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_791480302.jpg\" alt=\"\" width=\"6400\" height=\"2008\" />Progress towards privatising the top 14 professional football clubs in the Kingdom of Saudi Arabia (\"KSA\") continues apace in light of a string of recent developments.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Background</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Presently KSA sporting clubs, including clubs competing in the Saudi Professional League (\"SPL\"), are government-owned. This status quo stems from an historic objective to centralise the growth and development of socially-desirable sporting initiatives across KSA sports, including those which may not enjoy the commercial appeal and sustainability of football.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The push towards privatisation of SPL clubs started in earnest in April 2016 with the unveiling of the Saudi Vision 2030 plan (\"Vision 2030\"), which aims to diversify KSA’s economy and reduce its dependence on oil revenues. Vision 2030 crystallised the government’s long-standing position, advanced most recently by His Royal Highness Prince Mohammad bin Salman that the privatisation of certain state-owned assets can and should play a significant role in economic and social development. The plan expressly promotes social goals including increasing physical and sporting activities, as well as the creation of new public-private partnerships (\"PPPs\") to establish dedicated sporting facilities and programmes, a general reduction in costs and increased efficiency.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The unveiling of Vision 2030 prompted a number of developments. In May 2016, the General Presidency of Youth Welfare was rebranded as the General Authority for Sports (\"GAS\") and given greater responsibilities for developing sports clubs and facilities. This was followed in June 2016 by the launch of the National Transformation Program 2020, a framework for the implementation of Vision 2030. Shortly thereafter in July 2016, the GAS and the Ministry of Commence and Investment launched a campaign to increase awareness amongst KSA football clubs and other interested parties regarding, inter alia, the need to register trademarks and otherwise protect their IP.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In November 2016, the Council of Ministers approved the Council for Economic Development Affairs’ (\"CEDA\") recommendations to:</p>\r\n\r\n<ol>\r\n 	<li dir=\"LTR\">privatise SPL clubs as new corporate entities;</li>\r\n 	<li dir=\"LTR\">give the GAS responsibility for granting licences to such entities;</li>\r\n 	<li dir=\"LTR\">create a Sports Development Fund to finance new stadiums and facilities for clubs; and</li>\r\n 	<li dir=\"LTR\">create a supervisory committee (headed by the Chairman of the GAS and with representatives of the SPL and Saudi Arabian Football Federation (\"SAFF\")) to oversee the transfer of operational and financial control from government hands to the private sector.</li>\r\n</ol>\r\n<p dir=\"LTR\" align=\"LEFT\">Specific goals for the privatisation process were also set, including elevating the quality and status of the SPL and positioning it to diversify revenues and make a greater contribution to the national economy. All of these steps indicate that a serious review of factors relevant to the privatisation process has been undertaken, underlining the KSA government’s commitment to the project.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Recent Developments</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">A number of recent developments impact, either directly or indirectly, upon the plans to privatise SPL clubs and the potential of a privatised KSA football industry:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">In February 2017, Jadwa Investment, one of KSA’s largest privately-owned investment banks, was appointed to advise on the privatisation of up to five SPL clubs, following a competitive tender exercise;</li>\r\n 	<li dir=\"LTR\">In January 2018, the KSA government lifted the ban on women attending football games and in doing so opened up a large and hitherto un-tapped commercial market for the SPL;</li>\r\n 	<li dir=\"LTR\">In February 2018, SAFF announced a new 10 year broadcasting deal with Saudi Telecommunications Company (\"STC\", which is 70% owned by the KSA Public Investment Fund) from season 2018/19 worth $1.76 billion. This deal is reportedly an increase of 61% from the previous deal with MBC and ensures that all SPL games are free-to-air across the MENA region; and</li>\r\n 	<li dir=\"LTR\">In April 2018, CEDA approved a ‘Privatisation Program’ for the creation of, inter alia, the legal and regulatory basis for the privatisation process. The Privatisation Program document confirms that the privatisation of SPL clubs is a core component of the initial tranche of projects due to be finalised by 2020.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">These recent developments demonstrate a number of important points. Firstly, that the KSA government remains committed to keeping up the momentum towards the privatisation of SPL clubs. Secondly, that the privatisation of SPL clubs has become a bellwether project to showcase KSA’s progressive economic and social reforms, with the expectation that the SPL will become a powerful marketing tool for KSA to attract international brands and investors. And thirdly, that the KSA government is committed to grow and develop the KSA football industry in general.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Structural Potential of KSA Football</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Football is the preeminent sport in Saudi Arabia. The national team is one of the most successful in Asia, winning the AFC Asian Cup three times (and reaching the final on three further occasions) since 1984, as well as qualifying for the FIFA World Cup on five occasions, including Russia 2018. Domestically, Al-Hilal FC and Al-Nassr FC are considered to be the amongst the leading football clubs in Asia, having won numerous Asian Club Championship, AFC Champions League and Arab Club Championship titles.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">KSA football clubs tend to rely on a combination of traditional revenue streams (broadcast, commercial and match-day) and contributions from wealthy groups and individuals affiliated, formally or informally, with clubs. The hope is that privatisation will significantly increase traditional revenue streams without impacting investment from wealthy groups and individuals. As touched upon further below, this may require some delicate handling to ensure that the best aspects of modern corporate governance and management structures do not alienate existing financial backers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Football is the largest spectator sport in KSA and the SPL boasts an impressive average stadium capacity of 33,273 (falling just short of the English Premier League’s 37,644). Given that the average SPL attendance in the 2017/18 season was only 5,726, there is spare capacity into which the SPL fan base can grow. As alluded to above, fan engagement with SPL and attendances are expected to receive a significant boost from the progressive societal reforms taking place in KSA generally.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Fan engagement is also expected to receive a boost due to the new broadcast deal with STC, which ensures that all SPL games will be free-to-air across the MENA region. International broadcast penetration of the SPL has also hitherto been limited, with only about 5% of MBC Pro Sports (the outgoing SPL broadcast rights-holder) subscriptions coming from outside Saudi Arabia. The new rights deal should ensure that SPL viewership increases many-fold.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition, KSA has one of the most digitally engaged populations in the world. Mobile phone penetration is extremely high (estimated at 180 subscriptions per 100 residents), it has the highest per capita rate of YouTube use of any country in the world (according to a 2015 BBC study) and its residents use social media for an average of five hours per day (according to a 2016 YouGov study). Potential football fans are therefore increasingly accessible and SPL clubs are increasingly looking to engage with their already very large digital fan-bases.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Potential Challenges</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">After positive reports in early 2017, specific details about the procedural steps for transforming clubs into corporate entities and subsequently formalising the process of private investment, including timelines, applicable regulations and execution documentation have still not been confirmed as of the date of this article’s publication. For example, it is not yet known whether a specific corporate entity will be required to hold the assets, or what form and scope a designated long-term regulator may take and what its part in the privatisation process will be. Anecdotal reports suggest that for the purposes of investment, every club will have two components: assets and real estate; and that a given privatisation need not necessarily include an obligation to purchase the club’s real estate. This would provide some welcome flexibility to investors in considering various business plans and strategies to optimise growth and development in years to come.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Comment</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Subject to effective implementation and the absence of significant market distortion factors, the privatisation of sports clubs can be beneficial in terms of providing both access to capital for short-term investment in stadia, training facilities and playing squads, and also in establishing the necessary business framework to nurture talent and encourage the best practices in club management. Indeed the prospect of attracting owners who are incentivised to bring the best and brightest management teams to drive commercial success could bode well in terms of growing match-day revenues with stadium development and an increased ability to compete for domestic and foreign players.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Given the issues outlined above, the 2020 target date for all SPL clubs to be privatised does seem ambitious, as some commentators have noted; however the KSA government is clearly committed to the project. Indeed, it has become a central pillar in the delivery plan for Vision 2030 and the political capital staked on the project being a success should help drive it forward.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As touched upon in this article, a number of unknowns remain. For example, the size of the Sports Development Fund earmarked for assisting with this process and the precise details of planned allocations are not officially available at present but the establishment of the fund does suggest an understanding and appreciation that there will be certain costs involved in helping even the top clubs achieve immediate sustainability.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Further afield, the privatisation of SPL clubs has prompted reports that Saudi investors are considering investment into British clubs in order to link them with newly privatised SPL clubs. Ironically, and subject to particular investment dynamics, this could mean that the sovereign wealth fund created by the wider KSA privatisation program may indirectly lead to Saudi investment in European clubs, which we are already starting to see (e.g., Sheffield United), in much the same way that middle-eastern investors have acquired Premier League and Ligue 1 clubs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is likely that the SPL would benefit significantly from such tie-ups, as they would bring to the table a wealth of on-field and off-field technical expertise, as well as opportunities to share playing talent and synchronise commercial objectives. In addition to the ancillary benefits of such direct foreign investment, Saudi interests have also been linked with proposals to reconceive the Club World Cup. With greater influence in top leagues and competitions abroad and a roadmap to stabilize and grow the domestic league, the future for the KSA football industry has never looked brighter.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em><img class=\"alignleft size-full wp-image-8025\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1051299398.jpg\" alt=\"\" width=\"5999\" height=\"2678\" />NB: This article was first published on 15 June 2018 on lawinsport.com</em></p>\r\n<em>Steve leads Al Tamimi &amp; Company’s Sports and Events Management practice. For further information, please contact Steve Bainbridge (s.bainbridge@tamimi.com).</em>'),
	(250777,24461,'MetaValueOld','<p dir=\"LTR\" align=\"LEFT\">Progress towards privatising the top 14 professional football clubs in the Kingdom of Saudi Arabia (\"KSA\") continues apace in light of a string of recent developments.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Background</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Presently KSA sporting clubs, including clubs competing in the Saudi Professional League (\"SPL\"), are government-owned. This status quo stems from an historic objective to centralise the growth and development of socially-desirable sporting initiatives across KSA sports, including those which may not enjoy the commercial appeal and sustainability of football.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The push towards privatisation of SPL clubs started in earnest in April 2016 with the unveiling of the Saudi Vision 2030 plan (\"Vision 2030\"), which aims to diversify KSA’s economy and reduce its dependence on oil revenues. Vision 2030 crystallised the government’s long-standing position, advanced most recently by His Royal Highness Prince Mohammad bin Salman that the privatisation of certain state-owned assets can and should play a significant role in economic and social development. The plan expressly promotes social goals including increasing physical and sporting activities, as well as the creation of new public-private partnerships (\"PPPs\") to establish dedicated sporting facilities and programmes, a general reduction in costs and increased efficiency.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The unveiling of Vision 2030 prompted a number of developments. In May 2016, the General Presidency of Youth Welfare was rebranded as the General Authority for Sports (\"GAS\") and given greater responsibilities for developing sports clubs and facilities. This was followed in June 2016 by the launch of the National Transformation Program 2020, a framework for the implementation of Vision 2030. Shortly thereafter in July 2016, the GAS and the Ministry of Commence and Investment launched a campaign to increase awareness amongst KSA football clubs and other interested parties regarding, inter alia, the need to register trademarks and otherwise protect their IP.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In November 2016, the Council of Ministers approved the Council for Economic Development Affairs’ (\"CEDA\") recommendations to:</p>\r\n\r\n<ol>\r\n 	<li dir=\"LTR\">privatise SPL clubs as new corporate entities;</li>\r\n 	<li dir=\"LTR\">give the GAS responsibility for granting licences to such entities;</li>\r\n 	<li dir=\"LTR\">create a Sports Development Fund to finance new stadiums and facilities for clubs; and</li>\r\n 	<li dir=\"LTR\">create a supervisory committee (headed by the Chairman of the GAS and with representatives of the SPL and Saudi Arabian Football Federation (\"SAFF\")) to oversee the transfer of operational and financial control from government hands to the private sector.</li>\r\n</ol>\r\n<p dir=\"LTR\" align=\"LEFT\">Specific goals for the privatisation process were also set, including elevating the quality and status of the SPL and positioning it to diversify revenues and make a greater contribution to the national economy. All of these steps indicate that a serious review of factors relevant to the privatisation process has been undertaken, underlining the KSA government’s commitment to the project.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Recent Developments</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">A number of recent developments impact, either directly or indirectly, upon the plans to privatise SPL clubs and the potential of a privatised KSA football industry:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">In February 2017, Jadwa Investment, one of KSA’s largest privately-owned investment banks, was appointed to advise on the privatisation of up to five SPL clubs, following a competitive tender exercise;</li>\r\n 	<li dir=\"LTR\">In January 2018, the KSA government lifted the ban on women attending football games and in doing so opened up a large and hitherto un-tapped commercial market for the SPL;</li>\r\n 	<li dir=\"LTR\">In February 2018, SAFF announced a new 10 year broadcasting deal with Saudi Telecommunications Company (\"STC\", which is 70% owned by the KSA Public Investment Fund) from season 2018/19 worth $1.76 billion. This deal is reportedly an increase of 61% from the previous deal with MBC and ensures that all SPL games are free-to-air across the MENA region; and</li>\r\n 	<li dir=\"LTR\">In April 2018, CEDA approved a ‘Privatisation Program’ for the creation of, inter alia, the legal and regulatory basis for the privatisation process. The Privatisation Program document confirms that the privatisation of SPL clubs is a core component of the initial tranche of projects due to be finalised by 2020.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">These recent developments demonstrate a number of important points. Firstly, that the KSA government remains committed to keeping up the momentum towards the privatisation of SPL clubs. Secondly, that the privatisation of SPL clubs has become a bellwether project to showcase KSA’s progressive economic and social reforms, with the expectation that the SPL will become a powerful marketing tool for KSA to attract international brands and investors. And thirdly, that the KSA government is committed to grow and develop the KSA football industry in general.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Structural Potential of KSA Football</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Football is the preeminent sport in Saudi Arabia. The national team is one of the most successful in Asia, winning the AFC Asian Cup three times (and reaching the final on three further occasions) since 1984, as well as qualifying for the FIFA World Cup on five occasions, including Russia 2018. Domestically, Al-Hilal FC and Al-Nassr FC are considered to be the amongst the leading football clubs in Asia, having won numerous Asian Club Championship, AFC Champions League and Arab Club Championship titles.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">KSA football clubs tend to rely on a combination of traditional revenue streams (broadcast, commercial and match-day) and contributions from wealthy groups and individuals affiliated, formally or informally, with clubs. The hope is that privatisation will significantly increase traditional revenue streams without impacting investment from wealthy groups and individuals. As touched upon further below, this may require some delicate handling to ensure that the best aspects of modern corporate governance and management structures do not alienate existing financial backers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Football is the largest spectator sport in KSA and the SPL boasts an impressive average stadium capacity of 33,273 (falling just short of the English Premier League’s 37,644). Given that the average SPL attendance in the 2017/18 season was only 5,726, there is spare capacity into which the SPL fan base can grow. As alluded to above, fan engagement with SPL and attendances are expected to receive a significant boost from the progressive societal reforms taking place in KSA generally.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Fan engagement is also expected to receive a boost due to the new broadcast deal with STC, which ensures that all SPL games will be free-to-air across the MENA region. International broadcast penetration of the SPL has also hitherto been limited, with only about 5% of MBC Pro Sports (the outgoing SPL broadcast rights-holder) subscriptions coming from outside Saudi Arabia. The new rights deal should ensure that SPL viewership increases many-fold.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition, KSA has one of the most digitally engaged populations in the world. Mobile phone penetration is extremely high (estimated at 180 subscriptions per 100 residents), it has the highest per capita rate of YouTube use of any country in the world (according to a 2015 BBC study) and its residents use social media for an average of five hours per day (according to a 2016 YouGov study). Potential football fans are therefore increasingly accessible and SPL clubs are increasingly looking to engage with their already very large digital fan-bases.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Potential Challenges</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">After positive reports in early 2017, specific details about the procedural steps for transforming clubs into corporate entities and subsequently formalising the process of private investment, including timelines, applicable regulations and execution documentation have still not been confirmed as of the date of this article’s publication. For example, it is not yet known whether a specific corporate entity will be required to hold the assets, or what form and scope a designated long-term regulator may take and what its part in the privatisation process will be. Anecdotal reports suggest that for the purposes of investment, every club will have two components: assets and real estate; and that a given privatisation need not necessarily include an obligation to purchase the club’s real estate. This would provide some welcome flexibility to investors in considering various business plans and strategies to optimise growth and development in years to come.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Comment</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Subject to effective implementation and the absence of significant market distortion factors, the privatisation of sports clubs can be beneficial in terms of providing both access to capital for short-term investment in stadia, training facilities and playing squads, and also in establishing the necessary business framework to nurture talent and encourage the best practices in club management. Indeed the prospect of attracting owners who are incentivised to bring the best and brightest management teams to drive commercial success could bode well in terms of growing match-day revenues with stadium development and an increased ability to compete for domestic and foreign players.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Given the issues outlined above, the 2020 target date for all SPL clubs to be privatised does seem ambitious, as some commentators have noted; however the KSA government is clearly committed to the project. Indeed, it has become a central pillar in the delivery plan for Vision 2030 and the political capital staked on the project being a success should help drive it forward.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As touched upon in this article, a number of unknowns remain. For example, the size of the Sports Development Fund earmarked for assisting with this process and the precise details of planned allocations are not officially available at present but the establishment of the fund does suggest an understanding and appreciation that there will be certain costs involved in helping even the top clubs achieve immediate sustainability.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Further afield, the privatisation of SPL clubs has prompted reports that Saudi investors are considering investment into British clubs in order to link them with newly privatised SPL clubs. Ironically, and subject to particular investment dynamics, this could mean that the sovereign wealth fund created by the wider KSA privatisation program may indirectly lead to Saudi investment in European clubs, which we are already starting to see (e.g., Sheffield United), in much the same way that middle-eastern investors have acquired Premier League and Ligue 1 clubs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is likely that the SPL would benefit significantly from such tie-ups, as they would bring to the table a wealth of on-field and off-field technical expertise, as well as opportunities to share playing talent and synchronise commercial objectives. In addition to the ancillary benefits of such direct foreign investment, Saudi interests have also been linked with proposals to reconceive the Club World Cup. With greater influence in top leagues and competitions abroad and a roadmap to stabilize and grow the domestic league, the future for the KSA football industry has never looked brighter.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>NB: This article was first published on 15 June 2018 on lawinsport.com</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<em>Steve leads Al Tamimi &amp; Company’s Sports and Events Management practice. For further information, please contact Steve Bainbridge (s.bainbridge@tamimi.com).</em>'),
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	(250780,24461,'ReportText','<p dir=\"LTR\" align=\"LEFT\">Progress towards privatising the top 14 professional football clubs in the Kingdom of Saudi Arabia (\"KSA\") continues apace in light of a string of recent developments.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Background</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Presently KSA sporting clubs, including clubs competing in the Saudi Professional League (\"SPL\"), are government-owned. This status quo stems from an historic objective to centralise the growth and development of socially-desirable sporting initiatives across KSA sports, including those which may not enjoy the commercial appeal and sustainability of football.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The push towards privatisation of SPL clubs started in earnest in April 2016 with the unveiling of the Saudi Vision 2030 plan (\"Vision 2030\"), which aims to diversify KSA’s economy and reduce its dependence on oil revenues. Vision 2030 crystallised the government’s long-standing position, advanced most recently by His Royal Highness Prince Mohammad bin Salman that the privatisation of certain state-owned assets can and should play a significant role in economic and social development. The plan expressly promotes social goals including increasing physical and sporting activities, as well as the creation of new public-private partnerships (\"PPPs\") to establish dedicated sporting facilities and programmes, a general reduction in costs and increased efficiency.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The unveiling of Vision 2030 prompted a number of developments. In May 2016, the General Presidency of Youth Welfare was rebranded as the General Authority for Sports (\"GAS\") and given greater responsibilities for developing sports clubs and facilities. This was followed in June 2016 by the launch of the National Transformation Program 2020, a framework for the implementation of Vision 2030. Shortly thereafter in July 2016, the GAS and the Ministry of Commence and Investment launched a campaign to increase awareness amongst KSA football clubs and other interested parties regarding, inter alia, the need to register trademarks and otherwise protect their IP.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In November 2016, the Council of Ministers approved the Council for Economic Development Affairs’ (\"CEDA\") recommendations to:</p>\r\n\r\n<ol>\r\n 	<li dir=\"LTR\">privatise SPL clubs as new corporate entities;</li>\r\n 	<li dir=\"LTR\">give the GAS responsibility for granting licences to such entities;</li>\r\n 	<li dir=\"LTR\">create a Sports Development Fund to finance new stadiums and facilities for clubs; and</li>\r\n 	<li dir=\"LTR\">create a supervisory committee (headed by the Chairman of the GAS and with representatives of the SPL and Saudi Arabian Football Federation (\"SAFF\")) to oversee the transfer of operational and financial control from government hands to the private sector.</li>\r\n</ol>\r\n<p dir=\"LTR\" align=\"LEFT\">Specific goals for the privatisation process were also set, including elevating the quality and status of the SPL and positioning it to diversify revenues and make a greater contribution to the national economy. All of these steps indicate that a serious review of factors relevant to the privatisation process has been undertaken, underlining the KSA government’s commitment to the project.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Recent Developments</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">A number of recent developments impact, either directly or indirectly, upon the plans to privatise SPL clubs and the potential of a privatised KSA football industry:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">In February 2017, Jadwa Investment, one of KSA’s largest privately-owned investment banks, was appointed to advise on the privatisation of up to five SPL clubs, following a competitive tender exercise;</li>\r\n 	<li dir=\"LTR\">In January 2018, the KSA government lifted the ban on women attending football games and in doing so opened up a large and hitherto un-tapped commercial market for the SPL;</li>\r\n 	<li dir=\"LTR\">In February 2018, SAFF announced a new 10 year broadcasting deal with Saudi Telecommunications Company (\"STC\", which is 70% owned by the KSA Public Investment Fund) from season 2018/19 worth $1.76 billion. This deal is reportedly an increase of 61% from the previous deal with MBC and ensures that all SPL games are free-to-air across the MENA region; and</li>\r\n 	<li dir=\"LTR\">In April 2018, CEDA approved a ‘Privatisation Program’ for the creation of, inter alia, the legal and regulatory basis for the privatisation process. The Privatisation Program document confirms that the privatisation of SPL clubs is a core component of the initial tranche of projects due to be finalised by 2020.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">These recent developments demonstrate a number of important points. Firstly, that the KSA government remains committed to keeping up the momentum towards the privatisation of SPL clubs. Secondly, that the privatisation of SPL clubs has become a bellwether project to showcase KSA’s progressive economic and social reforms, with the expectation that the SPL will become a powerful marketing tool for KSA to attract international brands and investors. And thirdly, that the KSA government is committed to grow and develop the KSA football industry in general.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Structural Potential of KSA Football</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Football is the preeminent sport in Saudi Arabia. The national team is one of the most successful in Asia, winning the AFC Asian Cup three times (and reaching the final on three further occasions) since 1984, as well as qualifying for the FIFA World Cup on five occasions, including Russia 2018. Domestically, Al-Hilal FC and Al-Nassr FC are considered to be the amongst the leading football clubs in Asia, having won numerous Asian Club Championship, AFC Champions League and Arab Club Championship titles.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">KSA football clubs tend to rely on a combination of traditional revenue streams (broadcast, commercial and match-day) and contributions from wealthy groups and individuals affiliated, formally or informally, with clubs. The hope is that privatisation will significantly increase traditional revenue streams without impacting investment from wealthy groups and individuals. As touched upon further below, this may require some delicate handling to ensure that the best aspects of modern corporate governance and management structures do not alienate existing financial backers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Football is the largest spectator sport in KSA and the SPL boasts an impressive average stadium capacity of 33,273 (falling just short of the English Premier League’s 37,644). Given that the average SPL attendance in the 2017/18 season was only 5,726, there is spare capacity into which the SPL fan base can grow. As alluded to above, fan engagement with SPL and attendances are expected to receive a significant boost from the progressive societal reforms taking place in KSA generally.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Fan engagement is also expected to receive a boost due to the new broadcast deal with STC, which ensures that all SPL games will be free-to-air across the MENA region. International broadcast penetration of the SPL has also hitherto been limited, with only about 5% of MBC Pro Sports (the outgoing SPL broadcast rights-holder) subscriptions coming from outside Saudi Arabia. The new rights deal should ensure that SPL viewership increases many-fold.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition, KSA has one of the most digitally engaged populations in the world. Mobile phone penetration is extremely high (estimated at 180 subscriptions per 100 residents), it has the highest per capita rate of YouTube use of any country in the world (according to a 2015 BBC study) and its residents use social media for an average of five hours per day (according to a 2016 YouGov study). Potential football fans are therefore increasingly accessible and SPL clubs are increasingly looking to engage with their already very large digital fan-bases.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Potential Challenges</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">After positive reports in early 2017, specific details about the procedural steps for transforming clubs into corporate entities and subsequently formalising the process of private investment, including timelines, applicable regulations and execution documentation have still not been confirmed as of the date of this article’s publication. For example, it is not yet known whether a specific corporate entity will be required to hold the assets, or what form and scope a designated long-term regulator may take and what its part in the privatisation process will be. Anecdotal reports suggest that for the purposes of investment, every club will have two components: assets and real estate; and that a given privatisation need not necessarily include an obligation to purchase the club’s real estate. This would provide some welcome flexibility to investors in considering various business plans and strategies to optimise growth and development in years to come.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Comment</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Subject to effective implementation and the absence of significant market distortion factors, the privatisation of sports clubs can be beneficial in terms of providing both access to capital for short-term investment in stadia, training facilities and playing squads, and also in establishing the necessary business framework to nurture talent and encourage the best practices in club management. Indeed the prospect of attracting owners who are incentivised to bring the best and brightest management teams to drive commercial success could bode well in terms of growing match-day revenues with stadium development and an increased ability to compete for domestic and foreign players.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Given the issues outlined above, the 2020 target date for all SPL clubs to be privatised does seem ambitious, as some commentators have noted; however the KSA government is clearly committed to the project. Indeed, it has become a central pillar in the delivery plan for Vision 2030 and the political capital staked on the project being a success should help drive it forward.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As touched upon in this article, a number of unknowns remain. For example, the size of the Sports Development Fund earmarked for assisting with this process and the precise details of planned allocations are not officially available at present but the establishment of the fund does suggest an understanding and appreciation that there will be certain costs involved in helping even the top clubs achieve immediate sustainability.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Further afield, the privatisation of SPL clubs has prompted reports that Saudi investors are considering investment into British clubs in order to link them with newly privatised SPL clubs. Ironically, and subject to particular investment dynamics, this could mean that the sovereign wealth fund created by the wider KSA privatisation program may indirectly lead to Saudi investment in European clubs, which we are already starting to see (e.g., Sheffield United), in much the same way that middle-eastern investors have acquired Premier League and Ligue 1 clubs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is likely that the SPL would benefit significantly from such tie-ups, as they would bring to the table a wealth of on-field and off-field technical expertise, as well as opportunities to share playing talent and synchronise commercial objectives. In addition to the ancillary benefits of such direct foreign investment, Saudi interests have also been linked with proposals to reconceive the Club World Cup. With greater influence in top leagues and competitions abroad and a roadmap to stabilize and grow the domestic league, the future for the KSA football industry has never looked brighter.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>NB: This article was first published on 15 June 2018 on lawinsport.com</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<em>Steve leads Al Tamimi &amp; Company’s Sports and Events Management practice. For further information, please contact Steve Bainbridge (s.bainbridge@tamimi.com).</em>|<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignleft size-full wp-image-8028\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_791480302.jpg\" alt=\"\" width=\"6400\" height=\"2008\" />Progress towards privatising the top 14 professional football clubs in the Kingdom of Saudi Arabia (\"KSA\") continues apace in light of a string of recent developments.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Background</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Presently KSA sporting clubs, including clubs competing in the Saudi Professional League (\"SPL\"), are government-owned. This status quo stems from an historic objective to centralise the growth and development of socially-desirable sporting initiatives across KSA sports, including those which may not enjoy the commercial appeal and sustainability of football.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The push towards privatisation of SPL clubs started in earnest in April 2016 with the unveiling of the Saudi Vision 2030 plan (\"Vision 2030\"), which aims to diversify KSA’s economy and reduce its dependence on oil revenues. Vision 2030 crystallised the government’s long-standing position, advanced most recently by His Royal Highness Prince Mohammad bin Salman that the privatisation of certain state-owned assets can and should play a significant role in economic and social development. The plan expressly promotes social goals including increasing physical and sporting activities, as well as the creation of new public-private partnerships (\"PPPs\") to establish dedicated sporting facilities and programmes, a general reduction in costs and increased efficiency.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The unveiling of Vision 2030 prompted a number of developments. In May 2016, the General Presidency of Youth Welfare was rebranded as the General Authority for Sports (\"GAS\") and given greater responsibilities for developing sports clubs and facilities. This was followed in June 2016 by the launch of the National Transformation Program 2020, a framework for the implementation of Vision 2030. Shortly thereafter in July 2016, the GAS and the Ministry of Commence and Investment launched a campaign to increase awareness amongst KSA football clubs and other interested parties regarding, inter alia, the need to register trademarks and otherwise protect their IP.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In November 2016, the Council of Ministers approved the Council for Economic Development Affairs’ (\"CEDA\") recommendations to:</p>\r\n\r\n<ol>\r\n 	<li dir=\"LTR\">privatise SPL clubs as new corporate entities;</li>\r\n 	<li dir=\"LTR\">give the GAS responsibility for granting licences to such entities;</li>\r\n 	<li dir=\"LTR\">create a Sports Development Fund to finance new stadiums and facilities for clubs; and</li>\r\n 	<li dir=\"LTR\">create a supervisory committee (headed by the Chairman of the GAS and with representatives of the SPL and Saudi Arabian Football Federation (\"SAFF\")) to oversee the transfer of operational and financial control from government hands to the private sector.</li>\r\n</ol>\r\n<p dir=\"LTR\" align=\"LEFT\">Specific goals for the privatisation process were also set, including elevating the quality and status of the SPL and positioning it to diversify revenues and make a greater contribution to the national economy. All of these steps indicate that a serious review of factors relevant to the privatisation process has been undertaken, underlining the KSA government’s commitment to the project.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Recent Developments</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">A number of recent developments impact, either directly or indirectly, upon the plans to privatise SPL clubs and the potential of a privatised KSA football industry:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">In February 2017, Jadwa Investment, one of KSA’s largest privately-owned investment banks, was appointed to advise on the privatisation of up to five SPL clubs, following a competitive tender exercise;</li>\r\n 	<li dir=\"LTR\">In January 2018, the KSA government lifted the ban on women attending football games and in doing so opened up a large and hitherto un-tapped commercial market for the SPL;</li>\r\n 	<li dir=\"LTR\">In February 2018, SAFF announced a new 10 year broadcasting deal with Saudi Telecommunications Company (\"STC\", which is 70% owned by the KSA Public Investment Fund) from season 2018/19 worth $1.76 billion. This deal is reportedly an increase of 61% from the previous deal with MBC and ensures that all SPL games are free-to-air across the MENA region; and</li>\r\n 	<li dir=\"LTR\">In April 2018, CEDA approved a ‘Privatisation Program’ for the creation of, inter alia, the legal and regulatory basis for the privatisation process. The Privatisation Program document confirms that the privatisation of SPL clubs is a core component of the initial tranche of projects due to be finalised by 2020.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">These recent developments demonstrate a number of important points. Firstly, that the KSA government remains committed to keeping up the momentum towards the privatisation of SPL clubs. Secondly, that the privatisation of SPL clubs has become a bellwether project to showcase KSA’s progressive economic and social reforms, with the expectation that the SPL will become a powerful marketing tool for KSA to attract international brands and investors. And thirdly, that the KSA government is committed to grow and develop the KSA football industry in general.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Structural Potential of KSA Football</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Football is the preeminent sport in Saudi Arabia. The national team is one of the most successful in Asia, winning the AFC Asian Cup three times (and reaching the final on three further occasions) since 1984, as well as qualifying for the FIFA World Cup on five occasions, including Russia 2018. Domestically, Al-Hilal FC and Al-Nassr FC are considered to be the amongst the leading football clubs in Asia, having won numerous Asian Club Championship, AFC Champions League and Arab Club Championship titles.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">KSA football clubs tend to rely on a combination of traditional revenue streams (broadcast, commercial and match-day) and contributions from wealthy groups and individuals affiliated, formally or informally, with clubs. The hope is that privatisation will significantly increase traditional revenue streams without impacting investment from wealthy groups and individuals. As touched upon further below, this may require some delicate handling to ensure that the best aspects of modern corporate governance and management structures do not alienate existing financial backers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Football is the largest spectator sport in KSA and the SPL boasts an impressive average stadium capacity of 33,273 (falling just short of the English Premier League’s 37,644). Given that the average SPL attendance in the 2017/18 season was only 5,726, there is spare capacity into which the SPL fan base can grow. As alluded to above, fan engagement with SPL and attendances are expected to receive a significant boost from the progressive societal reforms taking place in KSA generally.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Fan engagement is also expected to receive a boost due to the new broadcast deal with STC, which ensures that all SPL games will be free-to-air across the MENA region. International broadcast penetration of the SPL has also hitherto been limited, with only about 5% of MBC Pro Sports (the outgoing SPL broadcast rights-holder) subscriptions coming from outside Saudi Arabia. The new rights deal should ensure that SPL viewership increases many-fold.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition, KSA has one of the most digitally engaged populations in the world. Mobile phone penetration is extremely high (estimated at 180 subscriptions per 100 residents), it has the highest per capita rate of YouTube use of any country in the world (according to a 2015 BBC study) and its residents use social media for an average of five hours per day (according to a 2016 YouGov study). Potential football fans are therefore increasingly accessible and SPL clubs are increasingly looking to engage with their already very large digital fan-bases.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Potential Challenges</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">After positive reports in early 2017, specific details about the procedural steps for transforming clubs into corporate entities and subsequently formalising the process of private investment, including timelines, applicable regulations and execution documentation have still not been confirmed as of the date of this article’s publication. For example, it is not yet known whether a specific corporate entity will be required to hold the assets, or what form and scope a designated long-term regulator may take and what its part in the privatisation process will be. Anecdotal reports suggest that for the purposes of investment, every club will have two components: assets and real estate; and that a given privatisation need not necessarily include an obligation to purchase the club’s real estate. This would provide some welcome flexibility to investors in considering various business plans and strategies to optimise growth and development in years to come.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Comment</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Subject to effective implementation and the absence of significant market distortion factors, the privatisation of sports clubs can be beneficial in terms of providing both access to capital for short-term investment in stadia, training facilities and playing squads, and also in establishing the necessary business framework to nurture talent and encourage the best practices in club management. Indeed the prospect of attracting owners who are incentivised to bring the best and brightest management teams to drive commercial success could bode well in terms of growing match-day revenues with stadium development and an increased ability to compete for domestic and foreign players.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Given the issues outlined above, the 2020 target date for all SPL clubs to be privatised does seem ambitious, as some commentators have noted; however the KSA government is clearly committed to the project. Indeed, it has become a central pillar in the delivery plan for Vision 2030 and the political capital staked on the project being a success should help drive it forward.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As touched upon in this article, a number of unknowns remain. For example, the size of the Sports Development Fund earmarked for assisting with this process and the precise details of planned allocations are not officially available at present but the establishment of the fund does suggest an understanding and appreciation that there will be certain costs involved in helping even the top clubs achieve immediate sustainability.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Further afield, the privatisation of SPL clubs has prompted reports that Saudi investors are considering investment into British clubs in order to link them with newly privatised SPL clubs. Ironically, and subject to particular investment dynamics, this could mean that the sovereign wealth fund created by the wider KSA privatisation program may indirectly lead to Saudi investment in European clubs, which we are already starting to see (e.g., Sheffield United), in much the same way that middle-eastern investors have acquired Premier League and Ligue 1 clubs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is likely that the SPL would benefit significantly from such tie-ups, as they would bring to the table a wealth of on-field and off-field technical expertise, as well as opportunities to share playing talent and synchronise commercial objectives. In addition to the ancillary benefits of such direct foreign investment, Saudi interests have also been linked with proposals to reconceive the Club World Cup. With greater influence in top leagues and competitions abroad and a roadmap to stabilize and grow the domestic league, the future for the KSA football industry has never looked brighter.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em><img class=\"alignleft size-full wp-image-8025\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1051299398.jpg\" alt=\"\" width=\"5999\" height=\"2678\" />NB: This article was first published on 15 June 2018 on lawinsport.com</em></p>\r\n<em>Steve leads Al Tamimi &amp; Company’s Sports and Events Management practice. For further information, please contact Steve Bainbridge (s.bainbridge@tamimi.com).</em>'),
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	(250838,24466,'CurrentUserID','8'),
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	(250841,24467,'PostTitle','Introduction to the Saudi Sport Arbitration Centre (SSAC)'),
	(250842,24467,'PostStatus','draft'),
	(250843,24467,'PostType','law_update_articles'),
	(250844,24467,'PostDate','2018-07-31 18:08:59'),
	(250845,24467,'PostUrl','http://localhost:8888/tamimi/?post_type=law_update_articles&p=7952'),
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	(250848,24467,'MetaValueNew','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 size-large\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"640\" height=\"640\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>'),
	(250849,24467,'MetaValueOld','<p dir=\"LTR\" align=\"LEFT\">Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>'),
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	(250852,24467,'ReportText','<p dir=\"LTR\" align=\"LEFT\">Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>|<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 size-large\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"640\" height=\"640\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>');

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	(250883,24470,'PostDate','2018-07-31 18:08:59'),
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	(250890,24471,'PostID','7952'),
	(250891,24471,'PostTitle','Introduction to the Saudi Sport Arbitration Centre (SSAC)'),
	(250892,24471,'PostStatus','draft'),
	(250893,24471,'PostType','law_update_articles'),
	(250894,24471,'PostDate','2018-07-31 18:09:55'),
	(250895,24471,'PostUrl','http://localhost:8888/tamimi/?post_type=law_update_articles&p=7952'),
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	(250898,24471,'MetaValueNew','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 \" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"442\" height=\"442\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>'),
	(250899,24471,'MetaValueOld','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 size-large\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"640\" height=\"640\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>'),
	(250900,24471,'MetaLink','content'),
	(250901,24471,'EditorLinkPost','http://localhost:8888/tamimi/wp-admin/post.php?post=7952&amp;action=edit'),
	(250902,24471,'ReportText','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 size-large\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"640\" height=\"640\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>|<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 \" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"442\" height=\"442\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>'),
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	(250944,24475,'MetaValueNew','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 \" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"442\" height=\"442\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em><img class=\"alignleft size-full wp-image-8031\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_224568580.jpg\" alt=\"\" width=\"4429\" height=\"2041\" />Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>'),
	(250945,24475,'MetaValueOld','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 \" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"442\" height=\"442\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>'),
	(250946,24475,'MetaLink','content'),
	(250947,24475,'EditorLinkPost','http://localhost:8888/tamimi/wp-admin/post.php?post=7952&amp;action=edit'),
	(250948,24475,'ReportText','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 \" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"442\" height=\"442\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em>Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>|<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8027 \" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_1016569270-1024x1024.jpg\" alt=\"\" width=\"442\" height=\"442\" />Football is hugely popular across the Middle East. Its popularity has led some to invest in football clubs. When one considers the wide range of agreements between clubs, players, coaches and sponsors, the potential for disputes is clear. Satisfactory resolution of such disputes is not always easily attainable, considering the specialist nature of sports law and general scarcity of specialist in the field. Bespoke judicial bodies and arbitration centres have recently been established in response.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In 2015, the Saudi Arabian Olympic Committee (SAOC) approved the establishment the Saudi Sport Arbitration Centre (SSAC). Specifically, the Generally Assembly of the SAOC approved its Board of Directors’ decision to authorize the SAOC President to take all necessary actions to establish the SSAC. The SSAC aims to contribute to the general development of the sports sector and the resolution of sport related disputes. As a result, sports law in the Kingdom of Saudi Arabia, and the resolution of sports related disputes, has seen significant development. There is no doubt that SSAC has contributed to the preservation of the rights of parties, and the broader development of the sports sector in the Kingdom of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This article considers two significant regulatory regimes in the field of sports law in the Kingdom of Saudi Arabia - the Statute of the Saudi Sport Arbitration Centre (SSAC Statute) and the Rules and Procedures of the Centre of Arbitration for Sport (Rules &amp; Procedures). Further, the author considers various divisions of sports arbitration with both the ordinary and the appeal arbitration procedures of the SSAC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Saudi Sport Arbitration Centre</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Established in 2016, the SSAC is located in Riyadh, the nation’s capital. The SSAC is the highest judicial body for sports-related disputes in the Kingdom of Saudi Arabia, specialising in the hearing of any sports-related dispute by arbitration or mediation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The legal basis of the SSAC is the SSAC Statute, its procedural rules, and any resolution issued by the SSAC’s Board of Directors. Further, the SSAC was established in line with the Olympic Charter, the statutes of International Federations, the Code of the Court of Arbitration for Sports, and the Arbitration Law of the Kingdom of Saudi Arabia. This has led to a strong, and familiar, legal basis for its effective operation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC is composed of five members: one appointed by the SAOC, that individual is the President of the SSAC; one appointed by the Athletes’ Committee of the SAOC; one appointed by the Saudi Arabia Football Federation (SAFF); and two appointed by the General Assembly of the SAOC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC does not deal with appeals arising from violations of laws of the game, criminal cases arising from sports disputes, or sports disputes that have not exhausted the internal roads via the competent judicial bodies. Final decisions may be appealed to the SSAC within 21 days of notification.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Procedures</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC Statute and the Rules &amp; Procedures are a set of procedural rules that govern SSAC procedures. The SSAC provides for three types of procedure:</p>\r\n\r\n<ul>\r\n 	<li>Ordinary Arbitration - in which the parties have agreed to refer a sports dispute to the SSAC in accordance with an arbitration clause in a contract, or in cases where both parties agree to refer the dispute to arbitration after the dispute has arisen.</li>\r\n 	<li>Appeal Arbitration - in which a party has filed an appeal against a decision issued by a national association such as SAFF, or a judicial body related to sport, where the statutes or regulations provide an appeal before the SSAC.</li>\r\n 	<li>Mediation - in which each party has agreed to refer a dispute that has arisen, or a potential dispute that may arise, to an SSAC mediator.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>SSAC Jurisdiction</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC has jurisdiction to hear any dispute related to sport. Many types of disputes can be referred to the SSAC, including; disputes arising between the SAOC, associations, clubs, members of the boards, members of the general assembly, players, referees, coaches, intermediaries, registered media representatives, organizers of sports events, sponsoring companies, TV transmission channels, disputes relating to sports doping, contractual disputes (provided the arbitration clause refers the dispute to the SSAC), and any international sports dispute (such as may occur in connection with a foreign player or coach) in which the parties have agreed to resort to the SSAC. The SSAC accordingly enjoys wide jurisdiction to hear any dispute related to sports in the Kingdom of Saudi Arabia. This stands to generally contribute to the development of sports law in the Kingdom of Saudi Arabian judiciary.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Divisions</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">According to Article 24 of the SSAC Statute, the SSAC shall conduct the arbitration in sports-related disputes through the following arbitration divisions:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Ordinary Arbitration Division, which shall carry out its tasks in accordance with the following powers: to resolve sports-related disputes that may arise out of contracts containing an arbitration clause that refers any dispute to the SSAC, or out of any subsequent agreement allowing the referral of disputes to the SSAC and to resolve sports disputes that may arise between the parties to any sports matter (athletes, players, intermediaries, sponsors, administrative staff, technical staff, medical staff, sports clubs, sports federations and Olympic committees), provided that such disputes are not subject to appeal before the SSAC.</li>\r\n 	<li dir=\"LTR\">Appeals Arbitration Division, which shall carry out its tasks in accordance with the following powers: to decide on all appeals against final decisions issued by the sports bodies after exhausting all internal legal procedures, except for football decisions, to decide on objections filed against internal decisions issued by the sports bodies, which do not have protest proceedings provided for in their statutes or regulations.</li>\r\n 	<li dir=\"LTR\">Football Dispute Arbitration Division, which has the competence to decide on all appeals against the decisions issued by the SAFF and its committees after exhausting all its internal legal procedures, in accordance with the SAFF Rules and Regulations.</li>\r\n 	<li dir=\"LTR\">Special Dispute Division, that may be established by the SSAC to resolve all sports-related disputes referred by the General Sport Authority (GSA).</li>\r\n 	<li dir=\"LTR\">Mediation Division, which has the competence to mediate between and assist the concerned parties to reach settlement agreements in contractual disputes.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">By comparison, the SSAC’s divisions exceed the number of divisions of the Foundation of Qatar Sports Arbitration (FQSA), another regional sports arbitration body. The FQSA is composed of three divisions, which are the ordinary arbitration division, the appeals arbitration division and the mediation division. The SSAC is composed of the five divisions described above plus newly created divisions, which are the Special Dispute Division and the Football Dispute Arbitration Division. It is to be inferred that the SSAC created a new division for the sport of football because it is the most popular sport in the Kingdom of Saudi Arabia and it is accordingly anticipated that most disputes will football related.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Applicable law and Arbitration Language</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the ordinary, appeals or football arbitration divisions, the arbitration panel must follow all of the regulations and rules of the sports body whose decision is appealed against as a means of fulfilling the principles of justice, equity and the Olympic Charter. In the event that no relevant provision is stated in those regulations, then reference may be made to the statutes or regulations of the respective International Federations (IFs) according to each individual case, however, the parties may, in the ordinary arbitration, choose the law applicable to the dispute. From the above article it can be seen that the SSAC shall apply national laws and regulations, although the international regulations can also be applied in cases where there is no relevant provision to be found in the national laws and regulations. This situation helps the arbitrators to issue decisions in line with decisions at the international level.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Arabic language shall prevail as the language before the SSAC. However, English, or any other language, may be used before SSAC with a certified Arabic translation, upon the approval by the Arbitration Panel.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Arbitration Expenses and Fees</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Party requesting arbitration will be liable to pay the arbitration fees upon submitting the case to the SSAC. In case the Claimant requests an expedited procedure, then that party shall pay the applicable fees for an expedited procedure as prescribed. All fees are non-refundable. Furthermore, the party requesting arbitration shall pay the tribunal’s administrative expenses, while the losing party bears all such expenses unless an arbitral award states that the parties shall cover the expenses equally. One important rule is that the final arbitral award shall be delivered to the parties only after all the arbitrators’ costs and fees have been paid in full. Evidently, the SSAC has strong conditions in relation to fees and protects the rights of its arbitrators.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Notifications and Communications</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">All notifications, reports and communications shall be made through and by the SSAC General Secretariat. In addition, all correspondence must be made in PDF format and sent to an SSAC approved e-mail address which shall be the only legal way for the SSAC to send/receive correspondence. Moreover, notifications, correspondence and communications served to the parties to the arbitration or their representatives must be made through the e-mail address previously specified by them or any other address determined in writing at a later stage or through an online filing platform. In case the notifications and communications cannot be delivered by email then they can be delivered by mail or by facsimile. Notifications and correspondence served on the parties to the arbitration shall be considered legally received if they are sent to the addressees at their SSAC-approved e-mail addresses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Legal Nature of SSAC Awards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Arbitration awards issued by the SSAC are final and may not be appealed before any other tribunal, whether inside or outside the Kingdom of Saudi Arabia, unless otherwise stated in the SSAC Statute. In sports disputes in which a foreigner is a party, awards may be appealed before the International Sports Federations (IFs) or the Court of Arbitration for Sport (CAS), if the relevant statute of an IF states that an appeal shall be made before such judicial body. In case the contract states that the arbitration is within the jurisdiction of the SSAC, then the SSAC award shall be final and non-appealable before any other authority.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The SSAC represents a significant development in sports law, not only in the Kingdom of Saudi Arabia but also in the Middle East. Litigants may be represented by any licensed lawyer. To date 24 specialist Saudi and Arab arbitrators have been appointed to the panel of the SSAC. Eight international arbitrators, from the list of the CAS, have been appointed to SSAC arbitral panels, demonstrating international confidence. Its wide jurisdiction, and the range of its specialized divisions, will ensure that sports disputes are resolved with high standards of efficiency and in accordance with the best international sports law dispute resolution standards.</p>\r\n<em><img class=\"alignleft size-full wp-image-8031\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_224568580.jpg\" alt=\"\" width=\"4429\" height=\"2041\" />Bandar Alhamidani is a Partner and key member of the Al Tamimi &amp; Company’s Sports Law and Events Management team practice. Bandar has acted as an Arbitrator before CAS and SSAC. For further information, please contact Bandar Alhamidani (b.alhamidani@tamimi.com).</em>'),
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Indeed, on 19 April 2018, Dubai Municipality and the Ministry of Human Resources and Emiratization held an Expo driven Health, Safety, Quality, and Environment (HSQE) leadership event to ensure that all stakeholders including contractors, sub-contractors, project managers, regulators, and partners were cognisant of their obligations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Some of these key employment considerations are addressed below:</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What employment framework is in place?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Broadly speaking for the purposes of Expo 2020, employees will fall into three main categories: Expo 2020 staff, employees working on the ongoing construction phase and participating countries and companies.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The venue for Expo 2020 is Dubai South (formerly Dubai World Central), a 140 km2 area in Jebel Ali near to the new Al Maktoum International airport. In addition to the prevailing UAE Federal employment and immigration laws, the Dubai South Free Zone Regulations outline the applicable employment/immigration regulations that apply to entities licensed within the Dubai South.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For the purposes of Expo, although Dubai South Free Zone Authority shall have a licensing function, a specially formed Expo LLC shall project manage matters. Expo LLC is preparing the structure to regularise the influx of manpower that will be required prior, during and after Expo in order that it can act as a one-stop shop for such matters.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Expo LLC (via each participating country’s assigned Country Manager) will assess the submitted country plans and thereafter will determine a visa quota for each participating country. A similar process will apply for participating companies.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It will only be possible to obtain visas for employees once the participating country/company is appropriately licensed. As noted, ultimately the license is issued by Dubai South but all participant interface will be with Expo LLC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What immigration and employment restrictions should be borne in mind?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Upon completion of the licensing formalities (see above), it will be possible to obtain visas for a period of up to 18 months prior to the commencement of Expo with the latest date of expiry being 6 months after the event finishes. Accordingly, the longest period that a visa may be issued for Expo purposes is 30 months (18 months prior to the event, 6-month duration of Expo and 6 months’ post Expo). We anticipate that a streamlined process will be put in place to secure visas and Dubai South ID cards are processed promptly.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If a participating country or company requires an individual(s) to access the Expo site prior to the completion of the licensing formalities, it must apply to Expo LLC for approval. An example would be a visiting engineer attending the site to carry out a pavilion feasibility study. For such approval to be granted it will be necessary to set out information such as the reason(s) for and duration of the visit. Expo LLC will thereafter assess such an application before approving or declining access.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The license granted to a participating country shall cease 6 months after Expo. If there is a desire to retain a presence in the UAE post Expo, including the presence of personnel in the UAE, separate corporate structuring advice will require to be sought.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">At present, we do not expect the introduction of additional employment legislation in respect of Expo albeit additional guidelines may be issued to supplant the existing suite of policy guidance.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What arrangements are in place for interns and volunteers?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of interns for the event, they are often based in the UAE with a valid residency visa (eg. via a spouse or family member). In such a cases, the steps involved are limited including the provision of a no objection certificate from the legal sponsor and the requirement to obtain a Dubai South ID card.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Past Expo experience demonstrates that volunteers are a major cornerstone of a successful event. The relevant labour laws in the UAE do not specifically provide for volunteering. Despite that, the UAE government has introduced certain volunteering initiatives earlier this year with the aim of increasing volunteer participation. The government has identified 14 specific areas in which volunteering may take place. We expect that this will adequately cater for the requirements of Expo.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Volunteers must register on a designated volunteer platform online. Express provision has been made for Expo 2020 Dubai volunteers being added to the volunteer platform whereby volunteer opportunities are posted and applicants can apply online to participate.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We will continue to monitor Expo worker welfare developments with interest and will issue a further article in the likely event that further updates materialise in the coming months.</p>\r\n<em>Al Tamimi &amp; Company’s Employment team regularly advises on regional employment matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com.</em>'),
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Indeed, on 19 April 2018, Dubai Municipality and the Ministry of Human Resources and Emiratization held an Expo driven Health, Safety, Quality, and Environment (HSQE) leadership event to ensure that all stakeholders including contractors, sub-contractors, project managers, regulators, and partners were cognisant of their obligations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Some of these key employment considerations are addressed below:</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What employment framework is in place?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Broadly speaking for the purposes of Expo 2020, employees will fall into three main categories: Expo 2020 staff, employees working on the ongoing construction phase and participating countries and companies.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The venue for Expo 2020 is Dubai South (formerly Dubai World Central), a 140 km2 area in Jebel Ali near to the new Al Maktoum International airport. In addition to the prevailing UAE Federal employment and immigration laws, the Dubai South Free Zone Regulations outline the applicable employment/immigration regulations that apply to entities licensed within the Dubai South.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For the purposes of Expo, although Dubai South Free Zone Authority shall have a licensing function, a specially formed Expo LLC shall project manage matters. Expo LLC is preparing the structure to regularise the influx of manpower that will be required prior, during and after Expo in order that it can act as a one-stop shop for such matters.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Expo LLC (via each participating country’s assigned Country Manager) will assess the submitted country plans and thereafter will determine a visa quota for each participating country. A similar process will apply for participating companies.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It will only be possible to obtain visas for employees once the participating country/company is appropriately licensed. As noted, ultimately the license is issued by Dubai South but all participant interface will be with Expo LLC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What immigration and employment restrictions should be borne in mind?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Upon completion of the licensing formalities (see above), it will be possible to obtain visas for a period of up to 18 months prior to the commencement of Expo with the latest date of expiry being 6 months after the event finishes. Accordingly, the longest period that a visa may be issued for Expo purposes is 30 months (18 months prior to the event, 6-month duration of Expo and 6 months’ post Expo). We anticipate that a streamlined process will be put in place to secure visas and Dubai South ID cards are processed promptly.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If a participating country or company requires an individual(s) to access the Expo site prior to the completion of the licensing formalities, it must apply to Expo LLC for approval. An example would be a visiting engineer attending the site to carry out a pavilion feasibility study. For such approval to be granted it will be necessary to set out information such as the reason(s) for and duration of the visit. Expo LLC will thereafter assess such an application before approving or declining access.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The license granted to a participating country shall cease 6 months after Expo. If there is a desire to retain a presence in the UAE post Expo, including the presence of personnel in the UAE, separate corporate structuring advice will require to be sought.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">At present, we do not expect the introduction of additional employment legislation in respect of Expo albeit additional guidelines may be issued to supplant the existing suite of policy guidance.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What arrangements are in place for interns and volunteers?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of interns for the event, they are often based in the UAE with a valid residency visa (eg. via a spouse or family member). In such a cases, the steps involved are limited including the provision of a no objection certificate from the legal sponsor and the requirement to obtain a Dubai South ID card.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Past Expo experience demonstrates that volunteers are a major cornerstone of a successful event. The relevant labour laws in the UAE do not specifically provide for volunteering. Despite that, the UAE government has introduced certain volunteering initiatives earlier this year with the aim of increasing volunteer participation. The government has identified 14 specific areas in which volunteering may take place. We expect that this will adequately cater for the requirements of Expo.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Volunteers must register on a designated volunteer platform online. 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	(251016,24481,'ReportText','<p dir=\"LTR\" align=\"LEFT\">With Expo 2020 fast approaching, it is important that participating countries and corporates understand the key employment and immigration considerations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This is particularly so given the emphasis by the Expo 2020 leadership on worker welfare including Health and Safety. Indeed, on 19 April 2018, Dubai Municipality and the Ministry of Human Resources and Emiratization held an Expo driven Health, Safety, Quality, and Environment (HSQE) leadership event to ensure that all stakeholders including contractors, sub-contractors, project managers, regulators, and partners were cognisant of their obligations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Some of these key employment considerations are addressed below:</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What employment framework is in place?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Broadly speaking for the purposes of Expo 2020, employees will fall into three main categories: Expo 2020 staff, employees working on the ongoing construction phase and participating countries and companies.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The venue for Expo 2020 is Dubai South (formerly Dubai World Central), a 140 km2 area in Jebel Ali near to the new Al Maktoum International airport. In addition to the prevailing UAE Federal employment and immigration laws, the Dubai South Free Zone Regulations outline the applicable employment/immigration regulations that apply to entities licensed within the Dubai South.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For the purposes of Expo, although Dubai South Free Zone Authority shall have a licensing function, a specially formed Expo LLC shall project manage matters. Expo LLC is preparing the structure to regularise the influx of manpower that will be required prior, during and after Expo in order that it can act as a one-stop shop for such matters.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Expo LLC (via each participating country’s assigned Country Manager) will assess the submitted country plans and thereafter will determine a visa quota for each participating country. A similar process will apply for participating companies.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It will only be possible to obtain visas for employees once the participating country/company is appropriately licensed. As noted, ultimately the license is issued by Dubai South but all participant interface will be with Expo LLC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What immigration and employment restrictions should be borne in mind?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Upon completion of the licensing formalities (see above), it will be possible to obtain visas for a period of up to 18 months prior to the commencement of Expo with the latest date of expiry being 6 months after the event finishes. Accordingly, the longest period that a visa may be issued for Expo purposes is 30 months (18 months prior to the event, 6-month duration of Expo and 6 months’ post Expo). We anticipate that a streamlined process will be put in place to secure visas and Dubai South ID cards are processed promptly.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If a participating country or company requires an individual(s) to access the Expo site prior to the completion of the licensing formalities, it must apply to Expo LLC for approval. An example would be a visiting engineer attending the site to carry out a pavilion feasibility study. For such approval to be granted it will be necessary to set out information such as the reason(s) for and duration of the visit. Expo LLC will thereafter assess such an application before approving or declining access.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The license granted to a participating country shall cease 6 months after Expo. If there is a desire to retain a presence in the UAE post Expo, including the presence of personnel in the UAE, separate corporate structuring advice will require to be sought.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">At present, we do not expect the introduction of additional employment legislation in respect of Expo albeit additional guidelines may be issued to supplant the existing suite of policy guidance.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What arrangements are in place for interns and volunteers?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of interns for the event, they are often based in the UAE with a valid residency visa (eg. via a spouse or family member). In such a cases, the steps involved are limited including the provision of a no objection certificate from the legal sponsor and the requirement to obtain a Dubai South ID card.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Past Expo experience demonstrates that volunteers are a major cornerstone of a successful event. The relevant labour laws in the UAE do not specifically provide for volunteering. Despite that, the UAE government has introduced certain volunteering initiatives earlier this year with the aim of increasing volunteer participation. The government has identified 14 specific areas in which volunteering may take place. We expect that this will adequately cater for the requirements of Expo.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Volunteers must register on a designated volunteer platform online. Express provision has been made for Expo 2020 Dubai volunteers being added to the volunteer platform whereby volunteer opportunities are posted and applicants can apply online to participate.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We will continue to monitor Expo worker welfare developments with interest and will issue a further article in the likely event that further updates materialise in the coming months.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<em>Al Tamimi &amp; Company’s Employment team regularly advises on regional employment matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com.</em>|<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignleft size-full wp-image-8032\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_547395022.jpg\" alt=\"\" width=\"7952\" height=\"3081\" />With Expo 2020 fast approaching, it is important that participating countries and corporates understand the key employment and immigration considerations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This is particularly so given the emphasis by the Expo 2020 leadership on worker welfare including Health and Safety. Indeed, on 19 April 2018, Dubai Municipality and the Ministry of Human Resources and Emiratization held an Expo driven Health, Safety, Quality, and Environment (HSQE) leadership event to ensure that all stakeholders including contractors, sub-contractors, project managers, regulators, and partners were cognisant of their obligations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Some of these key employment considerations are addressed below:</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What employment framework is in place?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Broadly speaking for the purposes of Expo 2020, employees will fall into three main categories: Expo 2020 staff, employees working on the ongoing construction phase and participating countries and companies.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The venue for Expo 2020 is Dubai South (formerly Dubai World Central), a 140 km2 area in Jebel Ali near to the new Al Maktoum International airport. In addition to the prevailing UAE Federal employment and immigration laws, the Dubai South Free Zone Regulations outline the applicable employment/immigration regulations that apply to entities licensed within the Dubai South.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For the purposes of Expo, although Dubai South Free Zone Authority shall have a licensing function, a specially formed Expo LLC shall project manage matters. Expo LLC is preparing the structure to regularise the influx of manpower that will be required prior, during and after Expo in order that it can act as a one-stop shop for such matters.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Expo LLC (via each participating country’s assigned Country Manager) will assess the submitted country plans and thereafter will determine a visa quota for each participating country. A similar process will apply for participating companies.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It will only be possible to obtain visas for employees once the participating country/company is appropriately licensed. As noted, ultimately the license is issued by Dubai South but all participant interface will be with Expo LLC.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What immigration and employment restrictions should be borne in mind?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Upon completion of the licensing formalities (see above), it will be possible to obtain visas for a period of up to 18 months prior to the commencement of Expo with the latest date of expiry being 6 months after the event finishes. Accordingly, the longest period that a visa may be issued for Expo purposes is 30 months (18 months prior to the event, 6-month duration of Expo and 6 months’ post Expo). We anticipate that a streamlined process will be put in place to secure visas and Dubai South ID cards are processed promptly.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">If a participating country or company requires an individual(s) to access the Expo site prior to the completion of the licensing formalities, it must apply to Expo LLC for approval. An example would be a visiting engineer attending the site to carry out a pavilion feasibility study. For such approval to be granted it will be necessary to set out information such as the reason(s) for and duration of the visit. Expo LLC will thereafter assess such an application before approving or declining access.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The license granted to a participating country shall cease 6 months after Expo. If there is a desire to retain a presence in the UAE post Expo, including the presence of personnel in the UAE, separate corporate structuring advice will require to be sought.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">At present, we do not expect the introduction of additional employment legislation in respect of Expo albeit additional guidelines may be issued to supplant the existing suite of policy guidance.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>What arrangements are in place for interns and volunteers?</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">In respect of interns for the event, they are often based in the UAE with a valid residency visa (eg. via a spouse or family member). In such a cases, the steps involved are limited including the provision of a no objection certificate from the legal sponsor and the requirement to obtain a Dubai South ID card.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Past Expo experience demonstrates that volunteers are a major cornerstone of a successful event. The relevant labour laws in the UAE do not specifically provide for volunteering. Despite that, the UAE government has introduced certain volunteering initiatives earlier this year with the aim of increasing volunteer participation. The government has identified 14 specific areas in which volunteering may take place. We expect that this will adequately cater for the requirements of Expo.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Volunteers must register on a designated volunteer platform online. Express provision has been made for Expo 2020 Dubai volunteers being added to the volunteer platform whereby volunteer opportunities are posted and applicants can apply online to participate.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We will continue to monitor Expo worker welfare developments with interest and will issue a further article in the likely event that further updates materialise in the coming months.</p>\r\n<em>Al Tamimi &amp; Company’s Employment team regularly advises on regional employment matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com.</em>'),
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	(251052,24485,'PostTitle','IP Considerations for Event Planning ahead of Expo 2020'),
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	(251063,24486,'PostTitle','IP Considerations for Event Planning ahead of Expo 2020'),
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	(251069,24486,'UserAgent','Mozilla/5.0 (Macintosh; Intel Mac OS X 10_11_6) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/67.0.3396.99 Safari/537.36'),
	(251070,24486,'CurrentUserID','8'),
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	(251072,24487,'PostID','7955'),
	(251073,24487,'PostTitle','IP Considerations for Event Planning ahead of Expo 2020'),
	(251074,24487,'PostStatus','draft'),
	(251075,24487,'PostType','law_update_articles'),
	(251076,24487,'PostDate','2018-07-31 18:16:30'),
	(251077,24487,'PostUrl','http://localhost:8888/tamimi/?post_type=law_update_articles&p=7955'),
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	(251080,24487,'MetaValueNew','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8033 size-large\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_528891766-348x1024.jpg\" alt=\"\" width=\"348\" height=\"1024\" />With Expo 2020 on the horizon, businesses are marshalling their resources, skills and expertise to ensure that their participation in this universal exposition reaps the benefits sought. Preparations are well underway with entrepreneurs, start-ups, SMEs and conglomerates, from across the globe, working ceaselessly to host and make their events at Expo 2020 a success story. Yet in their haste to join in on all the action, some businesses, big and small, may be overlooking a fundamental corner stone in their event planning and preparations. The cost of this oversight can undermine a business’s effort, hard work and financial expenditures and compromise key assets of their organisation - even before launch. How can this be?</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Goals, Shortfalls &amp; Missing the IP Point</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Like any other activity, businesses want their event to be prosperous, successful and most importantly profitable. Businesses will want their event at Expo 2020 to generate publicity to promote their products, identify new market opportunities and attain/maintain sustainable growth in their sectors. To achieve those goals, businesses will want to host an event that is unique, leading and, hopefully, innovative. This is where intellectual property (IP) comes into context. Whether their event entails—the launch of a new product, a new solution to an existing problem or the introduction of the business itself—the event must stand out. For the event to be all that and more, the business must invest the time and effort in the creation, and more importantly, the protection of the IP that goes into planning, preparing and executing a project. This, in turn, is where some businesses fall short, and end up asking themselves what went wrong and dealing with the consequences.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Businesses sometimes fail to recognise the value of the intellectual effort, creative ideas, concepts, designs, branding and formatting they put into planning and hosting their events. Although indispensable, daily operational concerns should not compromise strategic planning. While sometimes abstract, intangible and therefore difficult to recognise, some elements of strategic planning are legally protectable in the form of IP. A failure to identify and protect relevant IP created as part of the event can cause adverse consequences, which can be costly to an event.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Comprehension</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">To understand the underlying causes for potential mishaps, understanding what constitutes IP is necessary. So, what is IP all about? To help answer this, the following quote from an article, the author wrote for the Dubai Multi-Commodities Centre last year, is useful: \"IP represents the value of hard work, of creation and what the future might be. It’s the culmination of a thought and effort based development of something entirely new. It also represents vast fortunes that have been made by other people because clever people failed to protect what they own.\" The preceding statement about IP ought to be a universal constant to all businesses. It applies unchangingly to any activity – especially so for event planning and hosting. IP in short can cover every unique aspect of an event, from concept, theme, design, decoration, artwork, animation, branding, whatever products the event intends to launch, to the entire event itself. Therefore, safeguarding relevant IP is vitally important to the success of an event. Without securing that IP, an event will be prone to several risks. In the next paragraphs, we will identify risks an event may face and go over a checklist of some of the most important safeguards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Some IP Safeguards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Copyright to the Event Concept</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The first building block of the intellectual effort that goes into planning an event, is the idea. Under IP law an idea cannot be protected so long as it remains unexpressed. Arguably, the verbal expression of that idea/concept ought to be subject to IP protection if the idea/concept is novel. However, quite often, proving that an event idea belongs to an individual or entity may be quite difficult. In absence of witnesses, idea theft, especially in the event planning and hosting business, is unfortunately quite common and goes unchecked/unpunished. Idea theft as such is the first pitfall to avoid.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, recording an idea/concept in written form in absence of others would be one safeguard to resort to in planning for the event and avoiding idea theft. This recording secures your copyright to claim authorship to the written work, thus preventing others from taking credit for that work. If the idea is a novel one, then the event plan/concept would be more valuable and the IP in it would require forms of protection, which are stronger than copyright (more on this below).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Maintaining Secrecy</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Parallel to the copyright, planning for the development and disclosure of the event plan/concept to others is a key consideration. In this respect, one important safeguard to consider is that relating to secrecy. Try to treat everything about the event, before its launch, as a trade secret. Avoid the pitfalls accompanying premature publicity, press leakage and dissemination on social media channels. These can devalue your event at a very early stage by for example sabotaging planned surprises/novelties which would have best remained a secret. Even if certain aspects may come as no surprise as they are already known or the concept lacks innovation or is not creative enough, maintaining secrecy at this early stage is paramount as very few will know how the event planning may unfold in reality. As innovations may come about at any later stage (concept development, form and formatting, lay outs and designs, etc.), secrecy helps to protect the IP right to the entire process from the onset. Although, the UAE has yet to enact a federal trade secret law, many provisions exist in several UAE laws (the Penal Code, the Civil Code, the Commercial Code, the Patent &amp; Designs Law (specifically the know-how provisions), the Cyber-Crime Law, the Labour Law and the Electronic Transactions Law). If you maintain secrecy, then these laws can help protect your secret from unauthorised forms of disclosure.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">So how do you maintain secrecy? One obvious way is to keep the secret safely hidden and use all electronic and physical means available to safeguard it. Next, you must ensure that everyone who needs to know about the event plan/concept signs appropriate non-disclosure agreements (NDAs) before disclosing the event to them. The NDAs should not only require recipients of the information to keep whatever they hear and see a secret but they also require them not to use that secret to their own benefit or the benefit of others. To this end, the NDAs must be suitable for the purposes of the disclosure as well as for what is being disclosed – in this case an event concept/plan. Seeking legal counsel on drafting an appropriate NDA at this point would be quite helpful and prudent. Without having proper NDAs in place, enforcing your rights to a trade secret under UAE law will be quite difficult. As an event planner, you will therefore want to avoid this shortcoming at all costs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As a further safety measure to maintain secrecy, before disclosing the event plan/concept, by way of a pitch or presentation for example, consider dividing and phasing out the disclosure. If you split up the pitch or presentation into smaller ones (if possible or practical) so that no one audience has, the entire picture of the event, you maintain secrecy and control over the information. For that purpose, you may want to consider dividing your event management into smaller teams and assigning different individual tasks to each of them so that they become part of the process but lack the oversight to the entire process. On this point, from a corporate perspective, the only person with complete oversight and control may be the business executive. As such, to safeguard a company’s interests, that person must also be bound by a robust agreement that requires them to not only acknowledge the company’s right to maintain secrecy but also refrain from using that secret to compete with the company at a later date.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Determining &amp; Clearing Novelty</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another important safeguard to consider is that of novelty. If certain aspects of your event plan/concept seem innovative then seek a patent lawyer’s counsel on filing a patent application before doing anything else – even signing the NDAs in some cases. Under the UAE Patent &amp; Designs Law, disclosing a secret innovation before filing for patent and/or design protection may cause you to lose the claim to the patent or design right in question. If innovations unfold at later stages and/or the signed NDAs are sufficient for the time being, then consider filing for a provisional patent under the UAE Patent &amp; Designs Law, shortly before or at the very latest, the time of Expo 2020. Here as well, a patent lawyer’s input on such a filing is essential as further discussed below in the IP ownership section. Failing to pay attention to novelty may be a significant drawback to legally protecting your event from an IP perspective and may therefore result in losses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In tandem with novelty (and even before filing any IP applications), one must also consider prior IP clearance searches. Though the event may appear to be leading and creative/innovative, you can never be certain that none of its components match or are confusingly similar to those of other works belonging to third parties. If the event is not innovative, then all the more reason for the prior IP clearance searches. Again, the involvement of an IP attorney at this stage is crucial. An attorney will be able to advise you what searches are necessary to ascertain if you are infringing anyone else’s existing IP rights to some or all aspects of your event concept. Clearing the IP rights to every component, based on the search results, will minimise the risk of an IP infringement claim that would cripple your event further down the road. Failing to conduct thorough clearance searches has been the shortfall of even large international corporate entities. Nike’s failed ‘LNDR’ ad campaign in the United Kingdom is a case in point. Because the right to the brand LNDR remained unclear, the prior registered owner of the brand successfully prevented Nike from using it. As a result, Nike had to scrap its ad campaign and with it any planned events for launching its new products, incurring substantial costs in the process (estimated at £10 million).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Ownership &amp; Registration</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If the IP rights are clear then one more very important safeguard is that relating to IP ownership. As the owner of a business that is overseeing and managing the event concept development and planning, you will want to secure all IP rights in favour of your company. This means everyone involved in the event preparations, from brand development to theme and concept creation to planning and executing, must assign their IP rights to the company. Everyone must also provide IP waivers where necessary to the company. Seeking such protections should apply, without exception, to serve the best interests of the company. Vesting all IP rights in the company minimises the risk of having those rights dispersed, unidentified and undervalued, especially so if the event is successful. You will want to avoid having former employees, prior experts, consultants and contractors you hired in the course of the event-planning, claim any IP rights against you because they are retaining ownership of those rights.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, under UAE IP laws, you will want to register your ownership of the IP before anyone else does. Therefore, consider with your IP counsel, filing to register the IP with the UAE Ministry of Economy immediately after or in tandem with having secured all necessary assignment and waivers and securing any domain name rights online as well. Without such registrations, enforcing your IP rights in respect of the event with the UAE authorities will be extremely difficult. Lastly, if the event is a success after its launch, consider at that point assigning all those registered IP rights again to a separate IP holding company to isolate the IP from any liability claims. Again, here, seek an IP counsel’s advice on the suitable corporate vehicle for that purpose.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Documenting and Recording</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">One further safeguard relates to document retention. Best practice dictates every major milestone leading up to the event should be documented and recorded (preferably also audio-visually when possible/feasible), from conception to disclosure, to planning/preparation and to event execution/hosting. Having a record of what transpired during the entire process, what was disclosed, what was agreed, how it was planned and executed and what made the event a success, ensures you accurately capture all the facts on which you would claim your IP rights under UAE law. Such a record will come in handy at later stages for various purposes including but not limited to IP due diligence exercises, IP valuations and evidentiary requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The above checklist of safeguards serves only as a general overview and guidance for what to look out for when planning an event. These safeguards are by no means an exhaustive list of all the steps necessary for determining how best to proceed or in what order to follow them. They also surely do not replace proper legal advice and counsel as much depends on the details of each event and all the variables surrounding the project. Nonetheless, the foregoing checklist is a good starting point to consider the various issues at stake going into the event planning and preparations for Expo 2020.</p>\r\n<em>Al Tamimi &amp; Company’s IP team regularly advises on the full spectrum of IP matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com).</em>'),
	(251081,24487,'MetaValueOld','<p dir=\"LTR\" align=\"LEFT\">With Expo 2020 on the horizon, businesses are marshalling their resources, skills and expertise to ensure that their participation in this universal exposition reaps the benefits sought. Preparations are well underway with entrepreneurs, start-ups, SMEs and conglomerates, from across the globe, working ceaselessly to host and make their events at Expo 2020 a success story. Yet in their haste to join in on all the action, some businesses, big and small, may be overlooking a fundamental corner stone in their event planning and preparations. The cost of this oversight can undermine a business’s effort, hard work and financial expenditures and compromise key assets of their organisation - even before launch. How can this be?</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Goals, Shortfalls &amp; Missing the IP Point</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Like any other activity, businesses want their event to be prosperous, successful and most importantly profitable. Businesses will want their event at Expo 2020 to generate publicity to promote their products, identify new market opportunities and attain/maintain sustainable growth in their sectors. To achieve those goals, businesses will want to host an event that is unique, leading and, hopefully, innovative. This is where intellectual property (IP) comes into context. Whether their event entails—the launch of a new product, a new solution to an existing problem or the introduction of the business itself—the event must stand out. For the event to be all that and more, the business must invest the time and effort in the creation, and more importantly, the protection of the IP that goes into planning, preparing and executing a project. This, in turn, is where some businesses fall short, and end up asking themselves what went wrong and dealing with the consequences.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Businesses sometimes fail to recognise the value of the intellectual effort, creative ideas, concepts, designs, branding and formatting they put into planning and hosting their events. Although indispensable, daily operational concerns should not compromise strategic planning. While sometimes abstract, intangible and therefore difficult to recognise, some elements of strategic planning are legally protectable in the form of IP. A failure to identify and protect relevant IP created as part of the event can cause adverse consequences, which can be costly to an event.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Comprehension</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">To understand the underlying causes for potential mishaps, understanding what constitutes IP is necessary. So, what is IP all about? To help answer this, the following quote from an article, the author wrote for the Dubai Multi-Commodities Centre last year, is useful: \"IP represents the value of hard work, of creation and what the future might be. It’s the culmination of a thought and effort based development of something entirely new. It also represents vast fortunes that have been made by other people because clever people failed to protect what they own.\" The preceding statement about IP ought to be a universal constant to all businesses. It applies unchangingly to any activity – especially so for event planning and hosting. IP in short can cover every unique aspect of an event, from concept, theme, design, decoration, artwork, animation, branding, whatever products the event intends to launch, to the entire event itself. Therefore, safeguarding relevant IP is vitally important to the success of an event. Without securing that IP, an event will be prone to several risks. In the next paragraphs, we will identify risks an event may face and go over a checklist of some of the most important safeguards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Some IP Safeguards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Copyright to the Event Concept</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The first building block of the intellectual effort that goes into planning an event, is the idea. Under IP law an idea cannot be protected so long as it remains unexpressed. Arguably, the verbal expression of that idea/concept ought to be subject to IP protection if the idea/concept is novel. However, quite often, proving that an event idea belongs to an individual or entity may be quite difficult. In absence of witnesses, idea theft, especially in the event planning and hosting business, is unfortunately quite common and goes unchecked/unpunished. Idea theft as such is the first pitfall to avoid.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, recording an idea/concept in written form in absence of others would be one safeguard to resort to in planning for the event and avoiding idea theft. This recording secures your copyright to claim authorship to the written work, thus preventing others from taking credit for that work. If the idea is a novel one, then the event plan/concept would be more valuable and the IP in it would require forms of protection, which are stronger than copyright (more on this below).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Maintaining Secrecy</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Parallel to the copyright, planning for the development and disclosure of the event plan/concept to others is a key consideration. In this respect, one important safeguard to consider is that relating to secrecy. Try to treat everything about the event, before its launch, as a trade secret. Avoid the pitfalls accompanying premature publicity, press leakage and dissemination on social media channels. These can devalue your event at a very early stage by for example sabotaging planned surprises/novelties which would have best remained a secret. Even if certain aspects may come as no surprise as they are already known or the concept lacks innovation or is not creative enough, maintaining secrecy at this early stage is paramount as very few will know how the event planning may unfold in reality. As innovations may come about at any later stage (concept development, form and formatting, lay outs and designs, etc.), secrecy helps to protect the IP right to the entire process from the onset. Although, the UAE has yet to enact a federal trade secret law, many provisions exist in several UAE laws (the Penal Code, the Civil Code, the Commercial Code, the Patent &amp; Designs Law (specifically the know-how provisions), the Cyber-Crime Law, the Labour Law and the Electronic Transactions Law). If you maintain secrecy, then these laws can help protect your secret from unauthorised forms of disclosure.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">So how do you maintain secrecy? One obvious way is to keep the secret safely hidden and use all electronic and physical means available to safeguard it. Next, you must ensure that everyone who needs to know about the event plan/concept signs appropriate non-disclosure agreements (NDAs) before disclosing the event to them. The NDAs should not only require recipients of the information to keep whatever they hear and see a secret but they also require them not to use that secret to their own benefit or the benefit of others. To this end, the NDAs must be suitable for the purposes of the disclosure as well as for what is being disclosed – in this case an event concept/plan. Seeking legal counsel on drafting an appropriate NDA at this point would be quite helpful and prudent. Without having proper NDAs in place, enforcing your rights to a trade secret under UAE law will be quite difficult. As an event planner, you will therefore want to avoid this shortcoming at all costs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As a further safety measure to maintain secrecy, before disclosing the event plan/concept, by way of a pitch or presentation for example, consider dividing and phasing out the disclosure. If you split up the pitch or presentation into smaller ones (if possible or practical) so that no one audience has, the entire picture of the event, you maintain secrecy and control over the information. For that purpose, you may want to consider dividing your event management into smaller teams and assigning different individual tasks to each of them so that they become part of the process but lack the oversight to the entire process. On this point, from a corporate perspective, the only person with complete oversight and control may be the business executive. As such, to safeguard a company’s interests, that person must also be bound by a robust agreement that requires them to not only acknowledge the company’s right to maintain secrecy but also refrain from using that secret to compete with the company at a later date.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Determining &amp; Clearing Novelty</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another important safeguard to consider is that of novelty. If certain aspects of your event plan/concept seem innovative then seek a patent lawyer’s counsel on filing a patent application before doing anything else – even signing the NDAs in some cases. Under the UAE Patent &amp; Designs Law, disclosing a secret innovation before filing for patent and/or design protection may cause you to lose the claim to the patent or design right in question. If innovations unfold at later stages and/or the signed NDAs are sufficient for the time being, then consider filing for a provisional patent under the UAE Patent &amp; Designs Law, shortly before or at the very latest, the time of Expo 2020. Here as well, a patent lawyer’s input on such a filing is essential as further discussed below in the IP ownership section. Failing to pay attention to novelty may be a significant drawback to legally protecting your event from an IP perspective and may therefore result in losses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In tandem with novelty (and even before filing any IP applications), one must also consider prior IP clearance searches. Though the event may appear to be leading and creative/innovative, you can never be certain that none of its components match or are confusingly similar to those of other works belonging to third parties. If the event is not innovative, then all the more reason for the prior IP clearance searches. Again, the involvement of an IP attorney at this stage is crucial. An attorney will be able to advise you what searches are necessary to ascertain if you are infringing anyone else’s existing IP rights to some or all aspects of your event concept. Clearing the IP rights to every component, based on the search results, will minimise the risk of an IP infringement claim that would cripple your event further down the road. Failing to conduct thorough clearance searches has been the shortfall of even large international corporate entities. Nike’s failed ‘LNDR’ ad campaign in the United Kingdom is a case in point. Because the right to the brand LNDR remained unclear, the prior registered owner of the brand successfully prevented Nike from using it. As a result, Nike had to scrap its ad campaign and with it any planned events for launching its new products, incurring substantial costs in the process (estimated at £10 million).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Ownership &amp; Registration</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If the IP rights are clear then one more very important safeguard is that relating to IP ownership. As the owner of a business that is overseeing and managing the event concept development and planning, you will want to secure all IP rights in favour of your company. This means everyone involved in the event preparations, from brand development to theme and concept creation to planning and executing, must assign their IP rights to the company. Everyone must also provide IP waivers where necessary to the company. Seeking such protections should apply, without exception, to serve the best interests of the company. Vesting all IP rights in the company minimises the risk of having those rights dispersed, unidentified and undervalued, especially so if the event is successful. You will want to avoid having former employees, prior experts, consultants and contractors you hired in the course of the event-planning, claim any IP rights against you because they are retaining ownership of those rights.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, under UAE IP laws, you will want to register your ownership of the IP before anyone else does. Therefore, consider with your IP counsel, filing to register the IP with the UAE Ministry of Economy immediately after or in tandem with having secured all necessary assignment and waivers and securing any domain name rights online as well. Without such registrations, enforcing your IP rights in respect of the event with the UAE authorities will be extremely difficult. Lastly, if the event is a success after its launch, consider at that point assigning all those registered IP rights again to a separate IP holding company to isolate the IP from any liability claims. Again, here, seek an IP counsel’s advice on the suitable corporate vehicle for that purpose.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Documenting and Recording</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">One further safeguard relates to document retention. Best practice dictates every major milestone leading up to the event should be documented and recorded (preferably also audio-visually when possible/feasible), from conception to disclosure, to planning/preparation and to event execution/hosting. Having a record of what transpired during the entire process, what was disclosed, what was agreed, how it was planned and executed and what made the event a success, ensures you accurately capture all the facts on which you would claim your IP rights under UAE law. Such a record will come in handy at later stages for various purposes including but not limited to IP due diligence exercises, IP valuations and evidentiary requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The above checklist of safeguards serves only as a general overview and guidance for what to look out for when planning an event. These safeguards are by no means an exhaustive list of all the steps necessary for determining how best to proceed or in what order to follow them. They also surely do not replace proper legal advice and counsel as much depends on the details of each event and all the variables surrounding the project. Nonetheless, the foregoing checklist is a good starting point to consider the various issues at stake going into the event planning and preparations for Expo 2020.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<em>Al Tamimi &amp; Company’s IP team regularly advises on the full spectrum of IP matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com).</em>'),
	(251082,24487,'MetaLink','content'),
	(251083,24487,'EditorLinkPost','http://localhost:8888/tamimi/wp-admin/post.php?post=7955&amp;action=edit'),
	(251084,24487,'ReportText','<p dir=\"LTR\" align=\"LEFT\">With Expo 2020 on the horizon, businesses are marshalling their resources, skills and expertise to ensure that their participation in this universal exposition reaps the benefits sought. Preparations are well underway with entrepreneurs, start-ups, SMEs and conglomerates, from across the globe, working ceaselessly to host and make their events at Expo 2020 a success story. Yet in their haste to join in on all the action, some businesses, big and small, may be overlooking a fundamental corner stone in their event planning and preparations. The cost of this oversight can undermine a business’s effort, hard work and financial expenditures and compromise key assets of their organisation - even before launch. How can this be?</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Goals, Shortfalls &amp; Missing the IP Point</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Like any other activity, businesses want their event to be prosperous, successful and most importantly profitable. Businesses will want their event at Expo 2020 to generate publicity to promote their products, identify new market opportunities and attain/maintain sustainable growth in their sectors. To achieve those goals, businesses will want to host an event that is unique, leading and, hopefully, innovative. This is where intellectual property (IP) comes into context. Whether their event entails—the launch of a new product, a new solution to an existing problem or the introduction of the business itself—the event must stand out. For the event to be all that and more, the business must invest the time and effort in the creation, and more importantly, the protection of the IP that goes into planning, preparing and executing a project. This, in turn, is where some businesses fall short, and end up asking themselves what went wrong and dealing with the consequences.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Businesses sometimes fail to recognise the value of the intellectual effort, creative ideas, concepts, designs, branding and formatting they put into planning and hosting their events. Although indispensable, daily operational concerns should not compromise strategic planning. While sometimes abstract, intangible and therefore difficult to recognise, some elements of strategic planning are legally protectable in the form of IP. A failure to identify and protect relevant IP created as part of the event can cause adverse consequences, which can be costly to an event.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Comprehension</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">To understand the underlying causes for potential mishaps, understanding what constitutes IP is necessary. So, what is IP all about? To help answer this, the following quote from an article, the author wrote for the Dubai Multi-Commodities Centre last year, is useful: \"IP represents the value of hard work, of creation and what the future might be. It’s the culmination of a thought and effort based development of something entirely new. It also represents vast fortunes that have been made by other people because clever people failed to protect what they own.\" The preceding statement about IP ought to be a universal constant to all businesses. It applies unchangingly to any activity – especially so for event planning and hosting. IP in short can cover every unique aspect of an event, from concept, theme, design, decoration, artwork, animation, branding, whatever products the event intends to launch, to the entire event itself. Therefore, safeguarding relevant IP is vitally important to the success of an event. Without securing that IP, an event will be prone to several risks. In the next paragraphs, we will identify risks an event may face and go over a checklist of some of the most important safeguards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Some IP Safeguards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Copyright to the Event Concept</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The first building block of the intellectual effort that goes into planning an event, is the idea. Under IP law an idea cannot be protected so long as it remains unexpressed. Arguably, the verbal expression of that idea/concept ought to be subject to IP protection if the idea/concept is novel. However, quite often, proving that an event idea belongs to an individual or entity may be quite difficult. In absence of witnesses, idea theft, especially in the event planning and hosting business, is unfortunately quite common and goes unchecked/unpunished. Idea theft as such is the first pitfall to avoid.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, recording an idea/concept in written form in absence of others would be one safeguard to resort to in planning for the event and avoiding idea theft. This recording secures your copyright to claim authorship to the written work, thus preventing others from taking credit for that work. If the idea is a novel one, then the event plan/concept would be more valuable and the IP in it would require forms of protection, which are stronger than copyright (more on this below).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Maintaining Secrecy</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Parallel to the copyright, planning for the development and disclosure of the event plan/concept to others is a key consideration. In this respect, one important safeguard to consider is that relating to secrecy. Try to treat everything about the event, before its launch, as a trade secret. Avoid the pitfalls accompanying premature publicity, press leakage and dissemination on social media channels. These can devalue your event at a very early stage by for example sabotaging planned surprises/novelties which would have best remained a secret. Even if certain aspects may come as no surprise as they are already known or the concept lacks innovation or is not creative enough, maintaining secrecy at this early stage is paramount as very few will know how the event planning may unfold in reality. As innovations may come about at any later stage (concept development, form and formatting, lay outs and designs, etc.), secrecy helps to protect the IP right to the entire process from the onset. Although, the UAE has yet to enact a federal trade secret law, many provisions exist in several UAE laws (the Penal Code, the Civil Code, the Commercial Code, the Patent &amp; Designs Law (specifically the know-how provisions), the Cyber-Crime Law, the Labour Law and the Electronic Transactions Law). If you maintain secrecy, then these laws can help protect your secret from unauthorised forms of disclosure.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">So how do you maintain secrecy? One obvious way is to keep the secret safely hidden and use all electronic and physical means available to safeguard it. Next, you must ensure that everyone who needs to know about the event plan/concept signs appropriate non-disclosure agreements (NDAs) before disclosing the event to them. The NDAs should not only require recipients of the information to keep whatever they hear and see a secret but they also require them not to use that secret to their own benefit or the benefit of others. To this end, the NDAs must be suitable for the purposes of the disclosure as well as for what is being disclosed – in this case an event concept/plan. Seeking legal counsel on drafting an appropriate NDA at this point would be quite helpful and prudent. Without having proper NDAs in place, enforcing your rights to a trade secret under UAE law will be quite difficult. As an event planner, you will therefore want to avoid this shortcoming at all costs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As a further safety measure to maintain secrecy, before disclosing the event plan/concept, by way of a pitch or presentation for example, consider dividing and phasing out the disclosure. If you split up the pitch or presentation into smaller ones (if possible or practical) so that no one audience has, the entire picture of the event, you maintain secrecy and control over the information. For that purpose, you may want to consider dividing your event management into smaller teams and assigning different individual tasks to each of them so that they become part of the process but lack the oversight to the entire process. On this point, from a corporate perspective, the only person with complete oversight and control may be the business executive. As such, to safeguard a company’s interests, that person must also be bound by a robust agreement that requires them to not only acknowledge the company’s right to maintain secrecy but also refrain from using that secret to compete with the company at a later date.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Determining &amp; Clearing Novelty</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another important safeguard to consider is that of novelty. If certain aspects of your event plan/concept seem innovative then seek a patent lawyer’s counsel on filing a patent application before doing anything else – even signing the NDAs in some cases. Under the UAE Patent &amp; Designs Law, disclosing a secret innovation before filing for patent and/or design protection may cause you to lose the claim to the patent or design right in question. If innovations unfold at later stages and/or the signed NDAs are sufficient for the time being, then consider filing for a provisional patent under the UAE Patent &amp; Designs Law, shortly before or at the very latest, the time of Expo 2020. Here as well, a patent lawyer’s input on such a filing is essential as further discussed below in the IP ownership section. Failing to pay attention to novelty may be a significant drawback to legally protecting your event from an IP perspective and may therefore result in losses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In tandem with novelty (and even before filing any IP applications), one must also consider prior IP clearance searches. Though the event may appear to be leading and creative/innovative, you can never be certain that none of its components match or are confusingly similar to those of other works belonging to third parties. If the event is not innovative, then all the more reason for the prior IP clearance searches. Again, the involvement of an IP attorney at this stage is crucial. An attorney will be able to advise you what searches are necessary to ascertain if you are infringing anyone else’s existing IP rights to some or all aspects of your event concept. Clearing the IP rights to every component, based on the search results, will minimise the risk of an IP infringement claim that would cripple your event further down the road. Failing to conduct thorough clearance searches has been the shortfall of even large international corporate entities. Nike’s failed ‘LNDR’ ad campaign in the United Kingdom is a case in point. Because the right to the brand LNDR remained unclear, the prior registered owner of the brand successfully prevented Nike from using it. As a result, Nike had to scrap its ad campaign and with it any planned events for launching its new products, incurring substantial costs in the process (estimated at £10 million).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Ownership &amp; Registration</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If the IP rights are clear then one more very important safeguard is that relating to IP ownership. As the owner of a business that is overseeing and managing the event concept development and planning, you will want to secure all IP rights in favour of your company. This means everyone involved in the event preparations, from brand development to theme and concept creation to planning and executing, must assign their IP rights to the company. Everyone must also provide IP waivers where necessary to the company. Seeking such protections should apply, without exception, to serve the best interests of the company. Vesting all IP rights in the company minimises the risk of having those rights dispersed, unidentified and undervalued, especially so if the event is successful. You will want to avoid having former employees, prior experts, consultants and contractors you hired in the course of the event-planning, claim any IP rights against you because they are retaining ownership of those rights.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, under UAE IP laws, you will want to register your ownership of the IP before anyone else does. Therefore, consider with your IP counsel, filing to register the IP with the UAE Ministry of Economy immediately after or in tandem with having secured all necessary assignment and waivers and securing any domain name rights online as well. Without such registrations, enforcing your IP rights in respect of the event with the UAE authorities will be extremely difficult. Lastly, if the event is a success after its launch, consider at that point assigning all those registered IP rights again to a separate IP holding company to isolate the IP from any liability claims. Again, here, seek an IP counsel’s advice on the suitable corporate vehicle for that purpose.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Documenting and Recording</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">One further safeguard relates to document retention. Best practice dictates every major milestone leading up to the event should be documented and recorded (preferably also audio-visually when possible/feasible), from conception to disclosure, to planning/preparation and to event execution/hosting. Having a record of what transpired during the entire process, what was disclosed, what was agreed, how it was planned and executed and what made the event a success, ensures you accurately capture all the facts on which you would claim your IP rights under UAE law. Such a record will come in handy at later stages for various purposes including but not limited to IP due diligence exercises, IP valuations and evidentiary requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The above checklist of safeguards serves only as a general overview and guidance for what to look out for when planning an event. These safeguards are by no means an exhaustive list of all the steps necessary for determining how best to proceed or in what order to follow them. They also surely do not replace proper legal advice and counsel as much depends on the details of each event and all the variables surrounding the project. Nonetheless, the foregoing checklist is a good starting point to consider the various issues at stake going into the event planning and preparations for Expo 2020.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<em>Al Tamimi &amp; Company’s IP team regularly advises on the full spectrum of IP matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com).</em>|<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8033 size-large\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_528891766-348x1024.jpg\" alt=\"\" width=\"348\" height=\"1024\" />With Expo 2020 on the horizon, businesses are marshalling their resources, skills and expertise to ensure that their participation in this universal exposition reaps the benefits sought. Preparations are well underway with entrepreneurs, start-ups, SMEs and conglomerates, from across the globe, working ceaselessly to host and make their events at Expo 2020 a success story. Yet in their haste to join in on all the action, some businesses, big and small, may be overlooking a fundamental corner stone in their event planning and preparations. The cost of this oversight can undermine a business’s effort, hard work and financial expenditures and compromise key assets of their organisation - even before launch. How can this be?</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Goals, Shortfalls &amp; Missing the IP Point</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Like any other activity, businesses want their event to be prosperous, successful and most importantly profitable. Businesses will want their event at Expo 2020 to generate publicity to promote their products, identify new market opportunities and attain/maintain sustainable growth in their sectors. To achieve those goals, businesses will want to host an event that is unique, leading and, hopefully, innovative. This is where intellectual property (IP) comes into context. Whether their event entails—the launch of a new product, a new solution to an existing problem or the introduction of the business itself—the event must stand out. For the event to be all that and more, the business must invest the time and effort in the creation, and more importantly, the protection of the IP that goes into planning, preparing and executing a project. This, in turn, is where some businesses fall short, and end up asking themselves what went wrong and dealing with the consequences.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Businesses sometimes fail to recognise the value of the intellectual effort, creative ideas, concepts, designs, branding and formatting they put into planning and hosting their events. Although indispensable, daily operational concerns should not compromise strategic planning. While sometimes abstract, intangible and therefore difficult to recognise, some elements of strategic planning are legally protectable in the form of IP. A failure to identify and protect relevant IP created as part of the event can cause adverse consequences, which can be costly to an event.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Comprehension</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">To understand the underlying causes for potential mishaps, understanding what constitutes IP is necessary. So, what is IP all about? To help answer this, the following quote from an article, the author wrote for the Dubai Multi-Commodities Centre last year, is useful: \"IP represents the value of hard work, of creation and what the future might be. It’s the culmination of a thought and effort based development of something entirely new. It also represents vast fortunes that have been made by other people because clever people failed to protect what they own.\" The preceding statement about IP ought to be a universal constant to all businesses. It applies unchangingly to any activity – especially so for event planning and hosting. IP in short can cover every unique aspect of an event, from concept, theme, design, decoration, artwork, animation, branding, whatever products the event intends to launch, to the entire event itself. Therefore, safeguarding relevant IP is vitally important to the success of an event. Without securing that IP, an event will be prone to several risks. In the next paragraphs, we will identify risks an event may face and go over a checklist of some of the most important safeguards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Some IP Safeguards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Copyright to the Event Concept</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The first building block of the intellectual effort that goes into planning an event, is the idea. Under IP law an idea cannot be protected so long as it remains unexpressed. Arguably, the verbal expression of that idea/concept ought to be subject to IP protection if the idea/concept is novel. However, quite often, proving that an event idea belongs to an individual or entity may be quite difficult. In absence of witnesses, idea theft, especially in the event planning and hosting business, is unfortunately quite common and goes unchecked/unpunished. Idea theft as such is the first pitfall to avoid.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, recording an idea/concept in written form in absence of others would be one safeguard to resort to in planning for the event and avoiding idea theft. This recording secures your copyright to claim authorship to the written work, thus preventing others from taking credit for that work. If the idea is a novel one, then the event plan/concept would be more valuable and the IP in it would require forms of protection, which are stronger than copyright (more on this below).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Maintaining Secrecy</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Parallel to the copyright, planning for the development and disclosure of the event plan/concept to others is a key consideration. In this respect, one important safeguard to consider is that relating to secrecy. Try to treat everything about the event, before its launch, as a trade secret. Avoid the pitfalls accompanying premature publicity, press leakage and dissemination on social media channels. These can devalue your event at a very early stage by for example sabotaging planned surprises/novelties which would have best remained a secret. Even if certain aspects may come as no surprise as they are already known or the concept lacks innovation or is not creative enough, maintaining secrecy at this early stage is paramount as very few will know how the event planning may unfold in reality. As innovations may come about at any later stage (concept development, form and formatting, lay outs and designs, etc.), secrecy helps to protect the IP right to the entire process from the onset. Although, the UAE has yet to enact a federal trade secret law, many provisions exist in several UAE laws (the Penal Code, the Civil Code, the Commercial Code, the Patent &amp; Designs Law (specifically the know-how provisions), the Cyber-Crime Law, the Labour Law and the Electronic Transactions Law). If you maintain secrecy, then these laws can help protect your secret from unauthorised forms of disclosure.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">So how do you maintain secrecy? One obvious way is to keep the secret safely hidden and use all electronic and physical means available to safeguard it. Next, you must ensure that everyone who needs to know about the event plan/concept signs appropriate non-disclosure agreements (NDAs) before disclosing the event to them. The NDAs should not only require recipients of the information to keep whatever they hear and see a secret but they also require them not to use that secret to their own benefit or the benefit of others. To this end, the NDAs must be suitable for the purposes of the disclosure as well as for what is being disclosed – in this case an event concept/plan. Seeking legal counsel on drafting an appropriate NDA at this point would be quite helpful and prudent. Without having proper NDAs in place, enforcing your rights to a trade secret under UAE law will be quite difficult. As an event planner, you will therefore want to avoid this shortcoming at all costs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As a further safety measure to maintain secrecy, before disclosing the event plan/concept, by way of a pitch or presentation for example, consider dividing and phasing out the disclosure. If you split up the pitch or presentation into smaller ones (if possible or practical) so that no one audience has, the entire picture of the event, you maintain secrecy and control over the information. For that purpose, you may want to consider dividing your event management into smaller teams and assigning different individual tasks to each of them so that they become part of the process but lack the oversight to the entire process. On this point, from a corporate perspective, the only person with complete oversight and control may be the business executive. As such, to safeguard a company’s interests, that person must also be bound by a robust agreement that requires them to not only acknowledge the company’s right to maintain secrecy but also refrain from using that secret to compete with the company at a later date.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Determining &amp; Clearing Novelty</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another important safeguard to consider is that of novelty. If certain aspects of your event plan/concept seem innovative then seek a patent lawyer’s counsel on filing a patent application before doing anything else – even signing the NDAs in some cases. Under the UAE Patent &amp; Designs Law, disclosing a secret innovation before filing for patent and/or design protection may cause you to lose the claim to the patent or design right in question. If innovations unfold at later stages and/or the signed NDAs are sufficient for the time being, then consider filing for a provisional patent under the UAE Patent &amp; Designs Law, shortly before or at the very latest, the time of Expo 2020. Here as well, a patent lawyer’s input on such a filing is essential as further discussed below in the IP ownership section. Failing to pay attention to novelty may be a significant drawback to legally protecting your event from an IP perspective and may therefore result in losses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In tandem with novelty (and even before filing any IP applications), one must also consider prior IP clearance searches. Though the event may appear to be leading and creative/innovative, you can never be certain that none of its components match or are confusingly similar to those of other works belonging to third parties. If the event is not innovative, then all the more reason for the prior IP clearance searches. Again, the involvement of an IP attorney at this stage is crucial. An attorney will be able to advise you what searches are necessary to ascertain if you are infringing anyone else’s existing IP rights to some or all aspects of your event concept. Clearing the IP rights to every component, based on the search results, will minimise the risk of an IP infringement claim that would cripple your event further down the road. Failing to conduct thorough clearance searches has been the shortfall of even large international corporate entities. Nike’s failed ‘LNDR’ ad campaign in the United Kingdom is a case in point. Because the right to the brand LNDR remained unclear, the prior registered owner of the brand successfully prevented Nike from using it. As a result, Nike had to scrap its ad campaign and with it any planned events for launching its new products, incurring substantial costs in the process (estimated at £10 million).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Ownership &amp; Registration</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If the IP rights are clear then one more very important safeguard is that relating to IP ownership. As the owner of a business that is overseeing and managing the event concept development and planning, you will want to secure all IP rights in favour of your company. This means everyone involved in the event preparations, from brand development to theme and concept creation to planning and executing, must assign their IP rights to the company. Everyone must also provide IP waivers where necessary to the company. Seeking such protections should apply, without exception, to serve the best interests of the company. Vesting all IP rights in the company minimises the risk of having those rights dispersed, unidentified and undervalued, especially so if the event is successful. You will want to avoid having former employees, prior experts, consultants and contractors you hired in the course of the event-planning, claim any IP rights against you because they are retaining ownership of those rights.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, under UAE IP laws, you will want to register your ownership of the IP before anyone else does. Therefore, consider with your IP counsel, filing to register the IP with the UAE Ministry of Economy immediately after or in tandem with having secured all necessary assignment and waivers and securing any domain name rights online as well. Without such registrations, enforcing your IP rights in respect of the event with the UAE authorities will be extremely difficult. Lastly, if the event is a success after its launch, consider at that point assigning all those registered IP rights again to a separate IP holding company to isolate the IP from any liability claims. Again, here, seek an IP counsel’s advice on the suitable corporate vehicle for that purpose.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Documenting and Recording</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">One further safeguard relates to document retention. Best practice dictates every major milestone leading up to the event should be documented and recorded (preferably also audio-visually when possible/feasible), from conception to disclosure, to planning/preparation and to event execution/hosting. Having a record of what transpired during the entire process, what was disclosed, what was agreed, how it was planned and executed and what made the event a success, ensures you accurately capture all the facts on which you would claim your IP rights under UAE law. Such a record will come in handy at later stages for various purposes including but not limited to IP due diligence exercises, IP valuations and evidentiary requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The above checklist of safeguards serves only as a general overview and guidance for what to look out for when planning an event. These safeguards are by no means an exhaustive list of all the steps necessary for determining how best to proceed or in what order to follow them. They also surely do not replace proper legal advice and counsel as much depends on the details of each event and all the variables surrounding the project. Nonetheless, the foregoing checklist is a good starting point to consider the various issues at stake going into the event planning and preparations for Expo 2020.</p>\r\n<em>Al Tamimi &amp; Company’s IP team regularly advises on the full spectrum of IP matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com).</em>'),
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	(251144,24493,'PostDate','2018-07-31 18:18:58'),
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	(251148,24493,'MetaValueNew','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8033 \" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_528891766-348x1024.jpg\" alt=\"\" width=\"295\" height=\"868\" />With Expo 2020 on the horizon, businesses are marshalling their resources, skills and expertise to ensure that their participation in this universal exposition reaps the benefits sought. Preparations are well underway with entrepreneurs, start-ups, SMEs and conglomerates, from across the globe, working ceaselessly to host and make their events at Expo 2020 a success story. Yet in their haste to join in on all the action, some businesses, big and small, may be overlooking a fundamental corner stone in their event planning and preparations. The cost of this oversight can undermine a business’s effort, hard work and financial expenditures and compromise key assets of their organisation - even before launch. How can this be?</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Goals, Shortfalls &amp; Missing the IP Point</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Like any other activity, businesses want their event to be prosperous, successful and most importantly profitable. Businesses will want their event at Expo 2020 to generate publicity to promote their products, identify new market opportunities and attain/maintain sustainable growth in their sectors. To achieve those goals, businesses will want to host an event that is unique, leading and, hopefully, innovative. This is where intellectual property (IP) comes into context. Whether their event entails—the launch of a new product, a new solution to an existing problem or the introduction of the business itself—the event must stand out. For the event to be all that and more, the business must invest the time and effort in the creation, and more importantly, the protection of the IP that goes into planning, preparing and executing a project. This, in turn, is where some businesses fall short, and end up asking themselves what went wrong and dealing with the consequences.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Businesses sometimes fail to recognise the value of the intellectual effort, creative ideas, concepts, designs, branding and formatting they put into planning and hosting their events. Although indispensable, daily operational concerns should not compromise strategic planning. While sometimes abstract, intangible and therefore difficult to recognise, some elements of strategic planning are legally protectable in the form of IP. A failure to identify and protect relevant IP created as part of the event can cause adverse consequences, which can be costly to an event.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Comprehension</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">To understand the underlying causes for potential mishaps, understanding what constitutes IP is necessary. So, what is IP all about? To help answer this, the following quote from an article, the author wrote for the Dubai Multi-Commodities Centre last year, is useful: \"IP represents the value of hard work, of creation and what the future might be. It’s the culmination of a thought and effort based development of something entirely new. It also represents vast fortunes that have been made by other people because clever people failed to protect what they own.\" The preceding statement about IP ought to be a universal constant to all businesses. It applies unchangingly to any activity – especially so for event planning and hosting. IP in short can cover every unique aspect of an event, from concept, theme, design, decoration, artwork, animation, branding, whatever products the event intends to launch, to the entire event itself. Therefore, safeguarding relevant IP is vitally important to the success of an event. Without securing that IP, an event will be prone to several risks. In the next paragraphs, we will identify risks an event may face and go over a checklist of some of the most important safeguards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Some IP Safeguards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Copyright to the Event Concept</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The first building block of the intellectual effort that goes into planning an event, is the idea. Under IP law an idea cannot be protected so long as it remains unexpressed. Arguably, the verbal expression of that idea/concept ought to be subject to IP protection if the idea/concept is novel. However, quite often, proving that an event idea belongs to an individual or entity may be quite difficult. In absence of witnesses, idea theft, especially in the event planning and hosting business, is unfortunately quite common and goes unchecked/unpunished. Idea theft as such is the first pitfall to avoid.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, recording an idea/concept in written form in absence of others would be one safeguard to resort to in planning for the event and avoiding idea theft. This recording secures your copyright to claim authorship to the written work, thus preventing others from taking credit for that work. If the idea is a novel one, then the event plan/concept would be more valuable and the IP in it would require forms of protection, which are stronger than copyright (more on this below).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Maintaining Secrecy</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Parallel to the copyright, planning for the development and disclosure of the event plan/concept to others is a key consideration. In this respect, one important safeguard to consider is that relating to secrecy. Try to treat everything about the event, before its launch, as a trade secret. Avoid the pitfalls accompanying premature publicity, press leakage and dissemination on social media channels. These can devalue your event at a very early stage by for example sabotaging planned surprises/novelties which would have best remained a secret. Even if certain aspects may come as no surprise as they are already known or the concept lacks innovation or is not creative enough, maintaining secrecy at this early stage is paramount as very few will know how the event planning may unfold in reality. As innovations may come about at any later stage (concept development, form and formatting, lay outs and designs, etc.), secrecy helps to protect the IP right to the entire process from the onset. Although, the UAE has yet to enact a federal trade secret law, many provisions exist in several UAE laws (the Penal Code, the Civil Code, the Commercial Code, the Patent &amp; Designs Law (specifically the know-how provisions), the Cyber-Crime Law, the Labour Law and the Electronic Transactions Law). If you maintain secrecy, then these laws can help protect your secret from unauthorised forms of disclosure.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">So how do you maintain secrecy? One obvious way is to keep the secret safely hidden and use all electronic and physical means available to safeguard it. Next, you must ensure that everyone who needs to know about the event plan/concept signs appropriate non-disclosure agreements (NDAs) before disclosing the event to them. The NDAs should not only require recipients of the information to keep whatever they hear and see a secret but they also require them not to use that secret to their own benefit or the benefit of others. To this end, the NDAs must be suitable for the purposes of the disclosure as well as for what is being disclosed – in this case an event concept/plan. Seeking legal counsel on drafting an appropriate NDA at this point would be quite helpful and prudent. Without having proper NDAs in place, enforcing your rights to a trade secret under UAE law will be quite difficult. As an event planner, you will therefore want to avoid this shortcoming at all costs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As a further safety measure to maintain secrecy, before disclosing the event plan/concept, by way of a pitch or presentation for example, consider dividing and phasing out the disclosure. If you split up the pitch or presentation into smaller ones (if possible or practical) so that no one audience has, the entire picture of the event, you maintain secrecy and control over the information. For that purpose, you may want to consider dividing your event management into smaller teams and assigning different individual tasks to each of them so that they become part of the process but lack the oversight to the entire process. On this point, from a corporate perspective, the only person with complete oversight and control may be the business executive. As such, to safeguard a company’s interests, that person must also be bound by a robust agreement that requires them to not only acknowledge the company’s right to maintain secrecy but also refrain from using that secret to compete with the company at a later date.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Determining &amp; Clearing Novelty</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another important safeguard to consider is that of novelty. If certain aspects of your event plan/concept seem innovative then seek a patent lawyer’s counsel on filing a patent application before doing anything else – even signing the NDAs in some cases. Under the UAE Patent &amp; Designs Law, disclosing a secret innovation before filing for patent and/or design protection may cause you to lose the claim to the patent or design right in question. If innovations unfold at later stages and/or the signed NDAs are sufficient for the time being, then consider filing for a provisional patent under the UAE Patent &amp; Designs Law, shortly before or at the very latest, the time of Expo 2020. Here as well, a patent lawyer’s input on such a filing is essential as further discussed below in the IP ownership section. Failing to pay attention to novelty may be a significant drawback to legally protecting your event from an IP perspective and may therefore result in losses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In tandem with novelty (and even before filing any IP applications), one must also consider prior IP clearance searches. Though the event may appear to be leading and creative/innovative, you can never be certain that none of its components match or are confusingly similar to those of other works belonging to third parties. If the event is not innovative, then all the more reason for the prior IP clearance searches. Again, the involvement of an IP attorney at this stage is crucial. An attorney will be able to advise you what searches are necessary to ascertain if you are infringing anyone else’s existing IP rights to some or all aspects of your event concept. Clearing the IP rights to every component, based on the search results, will minimise the risk of an IP infringement claim that would cripple your event further down the road. Failing to conduct thorough clearance searches has been the shortfall of even large international corporate entities. Nike’s failed ‘LNDR’ ad campaign in the United Kingdom is a case in point. Because the right to the brand LNDR remained unclear, the prior registered owner of the brand successfully prevented Nike from using it. As a result, Nike had to scrap its ad campaign and with it any planned events for launching its new products, incurring substantial costs in the process (estimated at £10 million).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Ownership &amp; Registration</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If the IP rights are clear then one more very important safeguard is that relating to IP ownership. As the owner of a business that is overseeing and managing the event concept development and planning, you will want to secure all IP rights in favour of your company. This means everyone involved in the event preparations, from brand development to theme and concept creation to planning and executing, must assign their IP rights to the company. Everyone must also provide IP waivers where necessary to the company. Seeking such protections should apply, without exception, to serve the best interests of the company. Vesting all IP rights in the company minimises the risk of having those rights dispersed, unidentified and undervalued, especially so if the event is successful. You will want to avoid having former employees, prior experts, consultants and contractors you hired in the course of the event-planning, claim any IP rights against you because they are retaining ownership of those rights.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, under UAE IP laws, you will want to register your ownership of the IP before anyone else does. Therefore, consider with your IP counsel, filing to register the IP with the UAE Ministry of Economy immediately after or in tandem with having secured all necessary assignment and waivers and securing any domain name rights online as well. Without such registrations, enforcing your IP rights in respect of the event with the UAE authorities will be extremely difficult. Lastly, if the event is a success after its launch, consider at that point assigning all those registered IP rights again to a separate IP holding company to isolate the IP from any liability claims. Again, here, seek an IP counsel’s advice on the suitable corporate vehicle for that purpose.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Documenting and Recording</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">One further safeguard relates to document retention. Best practice dictates every major milestone leading up to the event should be documented and recorded (preferably also audio-visually when possible/feasible), from conception to disclosure, to planning/preparation and to event execution/hosting. Having a record of what transpired during the entire process, what was disclosed, what was agreed, how it was planned and executed and what made the event a success, ensures you accurately capture all the facts on which you would claim your IP rights under UAE law. Such a record will come in handy at later stages for various purposes including but not limited to IP due diligence exercises, IP valuations and evidentiary requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The above checklist of safeguards serves only as a general overview and guidance for what to look out for when planning an event. These safeguards are by no means an exhaustive list of all the steps necessary for determining how best to proceed or in what order to follow them. They also surely do not replace proper legal advice and counsel as much depends on the details of each event and all the variables surrounding the project. Nonetheless, the foregoing checklist is a good starting point to consider the various issues at stake going into the event planning and preparations for Expo 2020.</p>\r\n<em><img class=\"alignleft size-full wp-image-8034\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_178318904.jpg\" alt=\"\" width=\"3900\" height=\"1357\" />Al Tamimi &amp; Company’s IP team regularly advises on the full spectrum of IP matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com).</em>'),
	(251149,24493,'MetaValueOld','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8033 size-large\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_528891766-348x1024.jpg\" alt=\"\" width=\"348\" height=\"1024\" />With Expo 2020 on the horizon, businesses are marshalling their resources, skills and expertise to ensure that their participation in this universal exposition reaps the benefits sought. Preparations are well underway with entrepreneurs, start-ups, SMEs and conglomerates, from across the globe, working ceaselessly to host and make their events at Expo 2020 a success story. Yet in their haste to join in on all the action, some businesses, big and small, may be overlooking a fundamental corner stone in their event planning and preparations. The cost of this oversight can undermine a business’s effort, hard work and financial expenditures and compromise key assets of their organisation - even before launch. How can this be?</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Goals, Shortfalls &amp; Missing the IP Point</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Like any other activity, businesses want their event to be prosperous, successful and most importantly profitable. Businesses will want their event at Expo 2020 to generate publicity to promote their products, identify new market opportunities and attain/maintain sustainable growth in their sectors. To achieve those goals, businesses will want to host an event that is unique, leading and, hopefully, innovative. This is where intellectual property (IP) comes into context. Whether their event entails—the launch of a new product, a new solution to an existing problem or the introduction of the business itself—the event must stand out. For the event to be all that and more, the business must invest the time and effort in the creation, and more importantly, the protection of the IP that goes into planning, preparing and executing a project. This, in turn, is where some businesses fall short, and end up asking themselves what went wrong and dealing with the consequences.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Businesses sometimes fail to recognise the value of the intellectual effort, creative ideas, concepts, designs, branding and formatting they put into planning and hosting their events. Although indispensable, daily operational concerns should not compromise strategic planning. While sometimes abstract, intangible and therefore difficult to recognise, some elements of strategic planning are legally protectable in the form of IP. A failure to identify and protect relevant IP created as part of the event can cause adverse consequences, which can be costly to an event.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Comprehension</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">To understand the underlying causes for potential mishaps, understanding what constitutes IP is necessary. So, what is IP all about? To help answer this, the following quote from an article, the author wrote for the Dubai Multi-Commodities Centre last year, is useful: \"IP represents the value of hard work, of creation and what the future might be. It’s the culmination of a thought and effort based development of something entirely new. It also represents vast fortunes that have been made by other people because clever people failed to protect what they own.\" The preceding statement about IP ought to be a universal constant to all businesses. It applies unchangingly to any activity – especially so for event planning and hosting. IP in short can cover every unique aspect of an event, from concept, theme, design, decoration, artwork, animation, branding, whatever products the event intends to launch, to the entire event itself. Therefore, safeguarding relevant IP is vitally important to the success of an event. Without securing that IP, an event will be prone to several risks. In the next paragraphs, we will identify risks an event may face and go over a checklist of some of the most important safeguards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Some IP Safeguards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Copyright to the Event Concept</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The first building block of the intellectual effort that goes into planning an event, is the idea. Under IP law an idea cannot be protected so long as it remains unexpressed. Arguably, the verbal expression of that idea/concept ought to be subject to IP protection if the idea/concept is novel. However, quite often, proving that an event idea belongs to an individual or entity may be quite difficult. In absence of witnesses, idea theft, especially in the event planning and hosting business, is unfortunately quite common and goes unchecked/unpunished. Idea theft as such is the first pitfall to avoid.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, recording an idea/concept in written form in absence of others would be one safeguard to resort to in planning for the event and avoiding idea theft. This recording secures your copyright to claim authorship to the written work, thus preventing others from taking credit for that work. If the idea is a novel one, then the event plan/concept would be more valuable and the IP in it would require forms of protection, which are stronger than copyright (more on this below).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Maintaining Secrecy</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Parallel to the copyright, planning for the development and disclosure of the event plan/concept to others is a key consideration. In this respect, one important safeguard to consider is that relating to secrecy. Try to treat everything about the event, before its launch, as a trade secret. Avoid the pitfalls accompanying premature publicity, press leakage and dissemination on social media channels. These can devalue your event at a very early stage by for example sabotaging planned surprises/novelties which would have best remained a secret. Even if certain aspects may come as no surprise as they are already known or the concept lacks innovation or is not creative enough, maintaining secrecy at this early stage is paramount as very few will know how the event planning may unfold in reality. As innovations may come about at any later stage (concept development, form and formatting, lay outs and designs, etc.), secrecy helps to protect the IP right to the entire process from the onset. Although, the UAE has yet to enact a federal trade secret law, many provisions exist in several UAE laws (the Penal Code, the Civil Code, the Commercial Code, the Patent &amp; Designs Law (specifically the know-how provisions), the Cyber-Crime Law, the Labour Law and the Electronic Transactions Law). If you maintain secrecy, then these laws can help protect your secret from unauthorised forms of disclosure.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">So how do you maintain secrecy? One obvious way is to keep the secret safely hidden and use all electronic and physical means available to safeguard it. Next, you must ensure that everyone who needs to know about the event plan/concept signs appropriate non-disclosure agreements (NDAs) before disclosing the event to them. The NDAs should not only require recipients of the information to keep whatever they hear and see a secret but they also require them not to use that secret to their own benefit or the benefit of others. To this end, the NDAs must be suitable for the purposes of the disclosure as well as for what is being disclosed – in this case an event concept/plan. Seeking legal counsel on drafting an appropriate NDA at this point would be quite helpful and prudent. Without having proper NDAs in place, enforcing your rights to a trade secret under UAE law will be quite difficult. As an event planner, you will therefore want to avoid this shortcoming at all costs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As a further safety measure to maintain secrecy, before disclosing the event plan/concept, by way of a pitch or presentation for example, consider dividing and phasing out the disclosure. If you split up the pitch or presentation into smaller ones (if possible or practical) so that no one audience has, the entire picture of the event, you maintain secrecy and control over the information. For that purpose, you may want to consider dividing your event management into smaller teams and assigning different individual tasks to each of them so that they become part of the process but lack the oversight to the entire process. On this point, from a corporate perspective, the only person with complete oversight and control may be the business executive. As such, to safeguard a company’s interests, that person must also be bound by a robust agreement that requires them to not only acknowledge the company’s right to maintain secrecy but also refrain from using that secret to compete with the company at a later date.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Determining &amp; Clearing Novelty</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another important safeguard to consider is that of novelty. If certain aspects of your event plan/concept seem innovative then seek a patent lawyer’s counsel on filing a patent application before doing anything else – even signing the NDAs in some cases. Under the UAE Patent &amp; Designs Law, disclosing a secret innovation before filing for patent and/or design protection may cause you to lose the claim to the patent or design right in question. If innovations unfold at later stages and/or the signed NDAs are sufficient for the time being, then consider filing for a provisional patent under the UAE Patent &amp; Designs Law, shortly before or at the very latest, the time of Expo 2020. Here as well, a patent lawyer’s input on such a filing is essential as further discussed below in the IP ownership section. Failing to pay attention to novelty may be a significant drawback to legally protecting your event from an IP perspective and may therefore result in losses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In tandem with novelty (and even before filing any IP applications), one must also consider prior IP clearance searches. Though the event may appear to be leading and creative/innovative, you can never be certain that none of its components match or are confusingly similar to those of other works belonging to third parties. If the event is not innovative, then all the more reason for the prior IP clearance searches. Again, the involvement of an IP attorney at this stage is crucial. An attorney will be able to advise you what searches are necessary to ascertain if you are infringing anyone else’s existing IP rights to some or all aspects of your event concept. Clearing the IP rights to every component, based on the search results, will minimise the risk of an IP infringement claim that would cripple your event further down the road. Failing to conduct thorough clearance searches has been the shortfall of even large international corporate entities. Nike’s failed ‘LNDR’ ad campaign in the United Kingdom is a case in point. Because the right to the brand LNDR remained unclear, the prior registered owner of the brand successfully prevented Nike from using it. As a result, Nike had to scrap its ad campaign and with it any planned events for launching its new products, incurring substantial costs in the process (estimated at £10 million).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Ownership &amp; Registration</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If the IP rights are clear then one more very important safeguard is that relating to IP ownership. As the owner of a business that is overseeing and managing the event concept development and planning, you will want to secure all IP rights in favour of your company. This means everyone involved in the event preparations, from brand development to theme and concept creation to planning and executing, must assign their IP rights to the company. Everyone must also provide IP waivers where necessary to the company. Seeking such protections should apply, without exception, to serve the best interests of the company. Vesting all IP rights in the company minimises the risk of having those rights dispersed, unidentified and undervalued, especially so if the event is successful. You will want to avoid having former employees, prior experts, consultants and contractors you hired in the course of the event-planning, claim any IP rights against you because they are retaining ownership of those rights.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, under UAE IP laws, you will want to register your ownership of the IP before anyone else does. Therefore, consider with your IP counsel, filing to register the IP with the UAE Ministry of Economy immediately after or in tandem with having secured all necessary assignment and waivers and securing any domain name rights online as well. Without such registrations, enforcing your IP rights in respect of the event with the UAE authorities will be extremely difficult. Lastly, if the event is a success after its launch, consider at that point assigning all those registered IP rights again to a separate IP holding company to isolate the IP from any liability claims. Again, here, seek an IP counsel’s advice on the suitable corporate vehicle for that purpose.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Documenting and Recording</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">One further safeguard relates to document retention. Best practice dictates every major milestone leading up to the event should be documented and recorded (preferably also audio-visually when possible/feasible), from conception to disclosure, to planning/preparation and to event execution/hosting. Having a record of what transpired during the entire process, what was disclosed, what was agreed, how it was planned and executed and what made the event a success, ensures you accurately capture all the facts on which you would claim your IP rights under UAE law. Such a record will come in handy at later stages for various purposes including but not limited to IP due diligence exercises, IP valuations and evidentiary requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The above checklist of safeguards serves only as a general overview and guidance for what to look out for when planning an event. These safeguards are by no means an exhaustive list of all the steps necessary for determining how best to proceed or in what order to follow them. They also surely do not replace proper legal advice and counsel as much depends on the details of each event and all the variables surrounding the project. Nonetheless, the foregoing checklist is a good starting point to consider the various issues at stake going into the event planning and preparations for Expo 2020.</p>\r\n<em>Al Tamimi &amp; Company’s IP team regularly advises on the full spectrum of IP matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com).</em>'),
	(251150,24493,'MetaLink','content'),
	(251151,24493,'EditorLinkPost','http://localhost:8888/tamimi/wp-admin/post.php?post=7955&amp;action=edit'),
	(251152,24493,'ReportText','<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8033 size-large\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_528891766-348x1024.jpg\" alt=\"\" width=\"348\" height=\"1024\" />With Expo 2020 on the horizon, businesses are marshalling their resources, skills and expertise to ensure that their participation in this universal exposition reaps the benefits sought. Preparations are well underway with entrepreneurs, start-ups, SMEs and conglomerates, from across the globe, working ceaselessly to host and make their events at Expo 2020 a success story. Yet in their haste to join in on all the action, some businesses, big and small, may be overlooking a fundamental corner stone in their event planning and preparations. The cost of this oversight can undermine a business’s effort, hard work and financial expenditures and compromise key assets of their organisation - even before launch. How can this be?</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Goals, Shortfalls &amp; Missing the IP Point</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Like any other activity, businesses want their event to be prosperous, successful and most importantly profitable. Businesses will want their event at Expo 2020 to generate publicity to promote their products, identify new market opportunities and attain/maintain sustainable growth in their sectors. To achieve those goals, businesses will want to host an event that is unique, leading and, hopefully, innovative. This is where intellectual property (IP) comes into context. Whether their event entails—the launch of a new product, a new solution to an existing problem or the introduction of the business itself—the event must stand out. For the event to be all that and more, the business must invest the time and effort in the creation, and more importantly, the protection of the IP that goes into planning, preparing and executing a project. This, in turn, is where some businesses fall short, and end up asking themselves what went wrong and dealing with the consequences.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Businesses sometimes fail to recognise the value of the intellectual effort, creative ideas, concepts, designs, branding and formatting they put into planning and hosting their events. Although indispensable, daily operational concerns should not compromise strategic planning. While sometimes abstract, intangible and therefore difficult to recognise, some elements of strategic planning are legally protectable in the form of IP. A failure to identify and protect relevant IP created as part of the event can cause adverse consequences, which can be costly to an event.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Comprehension</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">To understand the underlying causes for potential mishaps, understanding what constitutes IP is necessary. So, what is IP all about? To help answer this, the following quote from an article, the author wrote for the Dubai Multi-Commodities Centre last year, is useful: \"IP represents the value of hard work, of creation and what the future might be. It’s the culmination of a thought and effort based development of something entirely new. It also represents vast fortunes that have been made by other people because clever people failed to protect what they own.\" The preceding statement about IP ought to be a universal constant to all businesses. It applies unchangingly to any activity – especially so for event planning and hosting. IP in short can cover every unique aspect of an event, from concept, theme, design, decoration, artwork, animation, branding, whatever products the event intends to launch, to the entire event itself. Therefore, safeguarding relevant IP is vitally important to the success of an event. Without securing that IP, an event will be prone to several risks. In the next paragraphs, we will identify risks an event may face and go over a checklist of some of the most important safeguards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Some IP Safeguards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Copyright to the Event Concept</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The first building block of the intellectual effort that goes into planning an event, is the idea. Under IP law an idea cannot be protected so long as it remains unexpressed. Arguably, the verbal expression of that idea/concept ought to be subject to IP protection if the idea/concept is novel. However, quite often, proving that an event idea belongs to an individual or entity may be quite difficult. In absence of witnesses, idea theft, especially in the event planning and hosting business, is unfortunately quite common and goes unchecked/unpunished. Idea theft as such is the first pitfall to avoid.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, recording an idea/concept in written form in absence of others would be one safeguard to resort to in planning for the event and avoiding idea theft. This recording secures your copyright to claim authorship to the written work, thus preventing others from taking credit for that work. If the idea is a novel one, then the event plan/concept would be more valuable and the IP in it would require forms of protection, which are stronger than copyright (more on this below).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Maintaining Secrecy</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Parallel to the copyright, planning for the development and disclosure of the event plan/concept to others is a key consideration. In this respect, one important safeguard to consider is that relating to secrecy. Try to treat everything about the event, before its launch, as a trade secret. Avoid the pitfalls accompanying premature publicity, press leakage and dissemination on social media channels. These can devalue your event at a very early stage by for example sabotaging planned surprises/novelties which would have best remained a secret. Even if certain aspects may come as no surprise as they are already known or the concept lacks innovation or is not creative enough, maintaining secrecy at this early stage is paramount as very few will know how the event planning may unfold in reality. As innovations may come about at any later stage (concept development, form and formatting, lay outs and designs, etc.), secrecy helps to protect the IP right to the entire process from the onset. Although, the UAE has yet to enact a federal trade secret law, many provisions exist in several UAE laws (the Penal Code, the Civil Code, the Commercial Code, the Patent &amp; Designs Law (specifically the know-how provisions), the Cyber-Crime Law, the Labour Law and the Electronic Transactions Law). If you maintain secrecy, then these laws can help protect your secret from unauthorised forms of disclosure.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">So how do you maintain secrecy? One obvious way is to keep the secret safely hidden and use all electronic and physical means available to safeguard it. Next, you must ensure that everyone who needs to know about the event plan/concept signs appropriate non-disclosure agreements (NDAs) before disclosing the event to them. The NDAs should not only require recipients of the information to keep whatever they hear and see a secret but they also require them not to use that secret to their own benefit or the benefit of others. To this end, the NDAs must be suitable for the purposes of the disclosure as well as for what is being disclosed – in this case an event concept/plan. Seeking legal counsel on drafting an appropriate NDA at this point would be quite helpful and prudent. Without having proper NDAs in place, enforcing your rights to a trade secret under UAE law will be quite difficult. As an event planner, you will therefore want to avoid this shortcoming at all costs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As a further safety measure to maintain secrecy, before disclosing the event plan/concept, by way of a pitch or presentation for example, consider dividing and phasing out the disclosure. If you split up the pitch or presentation into smaller ones (if possible or practical) so that no one audience has, the entire picture of the event, you maintain secrecy and control over the information. For that purpose, you may want to consider dividing your event management into smaller teams and assigning different individual tasks to each of them so that they become part of the process but lack the oversight to the entire process. On this point, from a corporate perspective, the only person with complete oversight and control may be the business executive. As such, to safeguard a company’s interests, that person must also be bound by a robust agreement that requires them to not only acknowledge the company’s right to maintain secrecy but also refrain from using that secret to compete with the company at a later date.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Determining &amp; Clearing Novelty</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another important safeguard to consider is that of novelty. If certain aspects of your event plan/concept seem innovative then seek a patent lawyer’s counsel on filing a patent application before doing anything else – even signing the NDAs in some cases. Under the UAE Patent &amp; Designs Law, disclosing a secret innovation before filing for patent and/or design protection may cause you to lose the claim to the patent or design right in question. If innovations unfold at later stages and/or the signed NDAs are sufficient for the time being, then consider filing for a provisional patent under the UAE Patent &amp; Designs Law, shortly before or at the very latest, the time of Expo 2020. Here as well, a patent lawyer’s input on such a filing is essential as further discussed below in the IP ownership section. Failing to pay attention to novelty may be a significant drawback to legally protecting your event from an IP perspective and may therefore result in losses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In tandem with novelty (and even before filing any IP applications), one must also consider prior IP clearance searches. Though the event may appear to be leading and creative/innovative, you can never be certain that none of its components match or are confusingly similar to those of other works belonging to third parties. If the event is not innovative, then all the more reason for the prior IP clearance searches. Again, the involvement of an IP attorney at this stage is crucial. An attorney will be able to advise you what searches are necessary to ascertain if you are infringing anyone else’s existing IP rights to some or all aspects of your event concept. Clearing the IP rights to every component, based on the search results, will minimise the risk of an IP infringement claim that would cripple your event further down the road. Failing to conduct thorough clearance searches has been the shortfall of even large international corporate entities. Nike’s failed ‘LNDR’ ad campaign in the United Kingdom is a case in point. Because the right to the brand LNDR remained unclear, the prior registered owner of the brand successfully prevented Nike from using it. As a result, Nike had to scrap its ad campaign and with it any planned events for launching its new products, incurring substantial costs in the process (estimated at £10 million).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Ownership &amp; Registration</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If the IP rights are clear then one more very important safeguard is that relating to IP ownership. As the owner of a business that is overseeing and managing the event concept development and planning, you will want to secure all IP rights in favour of your company. This means everyone involved in the event preparations, from brand development to theme and concept creation to planning and executing, must assign their IP rights to the company. Everyone must also provide IP waivers where necessary to the company. Seeking such protections should apply, without exception, to serve the best interests of the company. Vesting all IP rights in the company minimises the risk of having those rights dispersed, unidentified and undervalued, especially so if the event is successful. You will want to avoid having former employees, prior experts, consultants and contractors you hired in the course of the event-planning, claim any IP rights against you because they are retaining ownership of those rights.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, under UAE IP laws, you will want to register your ownership of the IP before anyone else does. Therefore, consider with your IP counsel, filing to register the IP with the UAE Ministry of Economy immediately after or in tandem with having secured all necessary assignment and waivers and securing any domain name rights online as well. Without such registrations, enforcing your IP rights in respect of the event with the UAE authorities will be extremely difficult. Lastly, if the event is a success after its launch, consider at that point assigning all those registered IP rights again to a separate IP holding company to isolate the IP from any liability claims. Again, here, seek an IP counsel’s advice on the suitable corporate vehicle for that purpose.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Documenting and Recording</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">One further safeguard relates to document retention. Best practice dictates every major milestone leading up to the event should be documented and recorded (preferably also audio-visually when possible/feasible), from conception to disclosure, to planning/preparation and to event execution/hosting. Having a record of what transpired during the entire process, what was disclosed, what was agreed, how it was planned and executed and what made the event a success, ensures you accurately capture all the facts on which you would claim your IP rights under UAE law. Such a record will come in handy at later stages for various purposes including but not limited to IP due diligence exercises, IP valuations and evidentiary requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The above checklist of safeguards serves only as a general overview and guidance for what to look out for when planning an event. These safeguards are by no means an exhaustive list of all the steps necessary for determining how best to proceed or in what order to follow them. They also surely do not replace proper legal advice and counsel as much depends on the details of each event and all the variables surrounding the project. Nonetheless, the foregoing checklist is a good starting point to consider the various issues at stake going into the event planning and preparations for Expo 2020.</p>\r\n<em>Al Tamimi &amp; Company’s IP team regularly advises on the full spectrum of IP matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com).</em>|<p dir=\"LTR\" align=\"LEFT\"><img class=\"alignright wp-image-8033 \" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_528891766-348x1024.jpg\" alt=\"\" width=\"295\" height=\"868\" />With Expo 2020 on the horizon, businesses are marshalling their resources, skills and expertise to ensure that their participation in this universal exposition reaps the benefits sought. Preparations are well underway with entrepreneurs, start-ups, SMEs and conglomerates, from across the globe, working ceaselessly to host and make their events at Expo 2020 a success story. Yet in their haste to join in on all the action, some businesses, big and small, may be overlooking a fundamental corner stone in their event planning and preparations. The cost of this oversight can undermine a business’s effort, hard work and financial expenditures and compromise key assets of their organisation - even before launch. How can this be?</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>The Goals, Shortfalls &amp; Missing the IP Point</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Like any other activity, businesses want their event to be prosperous, successful and most importantly profitable. Businesses will want their event at Expo 2020 to generate publicity to promote their products, identify new market opportunities and attain/maintain sustainable growth in their sectors. To achieve those goals, businesses will want to host an event that is unique, leading and, hopefully, innovative. This is where intellectual property (IP) comes into context. Whether their event entails—the launch of a new product, a new solution to an existing problem or the introduction of the business itself—the event must stand out. For the event to be all that and more, the business must invest the time and effort in the creation, and more importantly, the protection of the IP that goes into planning, preparing and executing a project. This, in turn, is where some businesses fall short, and end up asking themselves what went wrong and dealing with the consequences.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Businesses sometimes fail to recognise the value of the intellectual effort, creative ideas, concepts, designs, branding and formatting they put into planning and hosting their events. Although indispensable, daily operational concerns should not compromise strategic planning. While sometimes abstract, intangible and therefore difficult to recognise, some elements of strategic planning are legally protectable in the form of IP. A failure to identify and protect relevant IP created as part of the event can cause adverse consequences, which can be costly to an event.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Comprehension</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">To understand the underlying causes for potential mishaps, understanding what constitutes IP is necessary. So, what is IP all about? To help answer this, the following quote from an article, the author wrote for the Dubai Multi-Commodities Centre last year, is useful: \"IP represents the value of hard work, of creation and what the future might be. It’s the culmination of a thought and effort based development of something entirely new. It also represents vast fortunes that have been made by other people because clever people failed to protect what they own.\" The preceding statement about IP ought to be a universal constant to all businesses. It applies unchangingly to any activity – especially so for event planning and hosting. IP in short can cover every unique aspect of an event, from concept, theme, design, decoration, artwork, animation, branding, whatever products the event intends to launch, to the entire event itself. Therefore, safeguarding relevant IP is vitally important to the success of an event. Without securing that IP, an event will be prone to several risks. In the next paragraphs, we will identify risks an event may face and go over a checklist of some of the most important safeguards.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Some IP Safeguards</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Copyright to the Event Concept</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The first building block of the intellectual effort that goes into planning an event, is the idea. Under IP law an idea cannot be protected so long as it remains unexpressed. Arguably, the verbal expression of that idea/concept ought to be subject to IP protection if the idea/concept is novel. However, quite often, proving that an event idea belongs to an individual or entity may be quite difficult. In absence of witnesses, idea theft, especially in the event planning and hosting business, is unfortunately quite common and goes unchecked/unpunished. Idea theft as such is the first pitfall to avoid.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, recording an idea/concept in written form in absence of others would be one safeguard to resort to in planning for the event and avoiding idea theft. This recording secures your copyright to claim authorship to the written work, thus preventing others from taking credit for that work. If the idea is a novel one, then the event plan/concept would be more valuable and the IP in it would require forms of protection, which are stronger than copyright (more on this below).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Maintaining Secrecy</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Parallel to the copyright, planning for the development and disclosure of the event plan/concept to others is a key consideration. In this respect, one important safeguard to consider is that relating to secrecy. Try to treat everything about the event, before its launch, as a trade secret. Avoid the pitfalls accompanying premature publicity, press leakage and dissemination on social media channels. These can devalue your event at a very early stage by for example sabotaging planned surprises/novelties which would have best remained a secret. Even if certain aspects may come as no surprise as they are already known or the concept lacks innovation or is not creative enough, maintaining secrecy at this early stage is paramount as very few will know how the event planning may unfold in reality. As innovations may come about at any later stage (concept development, form and formatting, lay outs and designs, etc.), secrecy helps to protect the IP right to the entire process from the onset. Although, the UAE has yet to enact a federal trade secret law, many provisions exist in several UAE laws (the Penal Code, the Civil Code, the Commercial Code, the Patent &amp; Designs Law (specifically the know-how provisions), the Cyber-Crime Law, the Labour Law and the Electronic Transactions Law). If you maintain secrecy, then these laws can help protect your secret from unauthorised forms of disclosure.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">So how do you maintain secrecy? One obvious way is to keep the secret safely hidden and use all electronic and physical means available to safeguard it. Next, you must ensure that everyone who needs to know about the event plan/concept signs appropriate non-disclosure agreements (NDAs) before disclosing the event to them. The NDAs should not only require recipients of the information to keep whatever they hear and see a secret but they also require them not to use that secret to their own benefit or the benefit of others. To this end, the NDAs must be suitable for the purposes of the disclosure as well as for what is being disclosed – in this case an event concept/plan. Seeking legal counsel on drafting an appropriate NDA at this point would be quite helpful and prudent. Without having proper NDAs in place, enforcing your rights to a trade secret under UAE law will be quite difficult. As an event planner, you will therefore want to avoid this shortcoming at all costs.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As a further safety measure to maintain secrecy, before disclosing the event plan/concept, by way of a pitch or presentation for example, consider dividing and phasing out the disclosure. If you split up the pitch or presentation into smaller ones (if possible or practical) so that no one audience has, the entire picture of the event, you maintain secrecy and control over the information. For that purpose, you may want to consider dividing your event management into smaller teams and assigning different individual tasks to each of them so that they become part of the process but lack the oversight to the entire process. On this point, from a corporate perspective, the only person with complete oversight and control may be the business executive. As such, to safeguard a company’s interests, that person must also be bound by a robust agreement that requires them to not only acknowledge the company’s right to maintain secrecy but also refrain from using that secret to compete with the company at a later date.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Determining &amp; Clearing Novelty</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another important safeguard to consider is that of novelty. If certain aspects of your event plan/concept seem innovative then seek a patent lawyer’s counsel on filing a patent application before doing anything else – even signing the NDAs in some cases. Under the UAE Patent &amp; Designs Law, disclosing a secret innovation before filing for patent and/or design protection may cause you to lose the claim to the patent or design right in question. If innovations unfold at later stages and/or the signed NDAs are sufficient for the time being, then consider filing for a provisional patent under the UAE Patent &amp; Designs Law, shortly before or at the very latest, the time of Expo 2020. Here as well, a patent lawyer’s input on such a filing is essential as further discussed below in the IP ownership section. Failing to pay attention to novelty may be a significant drawback to legally protecting your event from an IP perspective and may therefore result in losses.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In tandem with novelty (and even before filing any IP applications), one must also consider prior IP clearance searches. Though the event may appear to be leading and creative/innovative, you can never be certain that none of its components match or are confusingly similar to those of other works belonging to third parties. If the event is not innovative, then all the more reason for the prior IP clearance searches. Again, the involvement of an IP attorney at this stage is crucial. An attorney will be able to advise you what searches are necessary to ascertain if you are infringing anyone else’s existing IP rights to some or all aspects of your event concept. Clearing the IP rights to every component, based on the search results, will minimise the risk of an IP infringement claim that would cripple your event further down the road. Failing to conduct thorough clearance searches has been the shortfall of even large international corporate entities. Nike’s failed ‘LNDR’ ad campaign in the United Kingdom is a case in point. Because the right to the brand LNDR remained unclear, the prior registered owner of the brand successfully prevented Nike from using it. As a result, Nike had to scrap its ad campaign and with it any planned events for launching its new products, incurring substantial costs in the process (estimated at £10 million).</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>IP Ownership &amp; Registration</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If the IP rights are clear then one more very important safeguard is that relating to IP ownership. As the owner of a business that is overseeing and managing the event concept development and planning, you will want to secure all IP rights in favour of your company. This means everyone involved in the event preparations, from brand development to theme and concept creation to planning and executing, must assign their IP rights to the company. Everyone must also provide IP waivers where necessary to the company. Seeking such protections should apply, without exception, to serve the best interests of the company. Vesting all IP rights in the company minimises the risk of having those rights dispersed, unidentified and undervalued, especially so if the event is successful. You will want to avoid having former employees, prior experts, consultants and contractors you hired in the course of the event-planning, claim any IP rights against you because they are retaining ownership of those rights.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, under UAE IP laws, you will want to register your ownership of the IP before anyone else does. Therefore, consider with your IP counsel, filing to register the IP with the UAE Ministry of Economy immediately after or in tandem with having secured all necessary assignment and waivers and securing any domain name rights online as well. Without such registrations, enforcing your IP rights in respect of the event with the UAE authorities will be extremely difficult. Lastly, if the event is a success after its launch, consider at that point assigning all those registered IP rights again to a separate IP holding company to isolate the IP from any liability claims. Again, here, seek an IP counsel’s advice on the suitable corporate vehicle for that purpose.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Documenting and Recording</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">One further safeguard relates to document retention. Best practice dictates every major milestone leading up to the event should be documented and recorded (preferably also audio-visually when possible/feasible), from conception to disclosure, to planning/preparation and to event execution/hosting. Having a record of what transpired during the entire process, what was disclosed, what was agreed, how it was planned and executed and what made the event a success, ensures you accurately capture all the facts on which you would claim your IP rights under UAE law. Such a record will come in handy at later stages for various purposes including but not limited to IP due diligence exercises, IP valuations and evidentiary requirements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"><strong>Conclusion</strong></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The above checklist of safeguards serves only as a general overview and guidance for what to look out for when planning an event. These safeguards are by no means an exhaustive list of all the steps necessary for determining how best to proceed or in what order to follow them. They also surely do not replace proper legal advice and counsel as much depends on the details of each event and all the variables surrounding the project. Nonetheless, the foregoing checklist is a good starting point to consider the various issues at stake going into the event planning and preparations for Expo 2020.</p>\r\n<em><img class=\"alignleft size-full wp-image-8034\" src=\"http://localhost:8888/tamimi/wp-content/uploads/2018/07/shutterstock_178318904.jpg\" alt=\"\" width=\"3900\" height=\"1357\" />Al Tamimi &amp; Company’s IP team regularly advises on the full spectrum of IP matters and provides key support to our Expo 2020 practice group. For further information, please contact expo2020@tamimi.com).</em>');

