Stanisław Drozd: articles by this author
One of the more serious consequences of the pandemic will be a wave of business litigation. However, strong arguments and credible evidence are not enough to win a dispute. It also takes resources to pursue a lawsuit, and soon that may be particularly difficult to come by.
Will the need to seek state aid due to the COVID-19 pandemic encourage sports unions to implement good governance principles?
Does cancellation of matches due to the pandemic constitute just cause for terminating a player’s contract without damages?
FIFPro and FIFA have launched a guarantee fund securing the payment of salaries to players unable to enforce judgments against their football clubs. This approach would also be helpful in other sports, as there are growing calls for support for professionals in their dealings with teams and sports federations.
Two conditions must be met for a civil dispute to be resolved effectively: at the earliest stage of the case it must be precisely defined what is truly disputed between the parties, and the proceeding should be planned so that those issues can be focused on. If this can be achieved, the parties and the court can devote their energy and attention to the truly relevant issues. This will improve the speed and quality of judicial decisions, legal certainty, and security of commerce.
“Phoenixing” and “Zombieing” in the Eastern European sports industry and players collective action as the only viable response
“Phoenixing” is a term coined to describe a situation in which stakeholders of an organization which becomes insolvent transfer its operations to a different entity, which continues them while ignoring the predecessor’s debts.