In October 2024, Agnieszka Kalinowska (an equine and sports specialist of W Legal) participated in the International Sports Law Conference (“the Conference”) organised by the worldwide association of sports lawyers: International Sports Lawyers Association (“ISLA”), Instituto Iberoamericano de Derecho Deportivo and Portuguese Sports Law Association.
The Conference took place at the magnificent Sport Lisboa e Benfica Stadium, and it was both an unforgettable experience and exceptional opportunity to meet leaders and experts from different sports disciplines, including equestrian sports, during which participants could exchange ideas/opinions and develop international connections.
Among numerous topics discussed, there were image rights in sports, CAS Jurisprudence, recommendations for the new World Anti-Doping Code (WADA) 2027 and new, complex Agents Regulations in football.
Talking about football and horses, one may ask whether these two worlds may have anything in common. Apparently, they do as like in the case of football players, there are also prestigious and high-cost transactions related to horses. Moreover, in the equine reality, although there are no particular equine agents’ regulations like in football, it is an indisputable fact that there is a need and practice to employ intermediaries to perform horse sale and purchase activities. The direct purpose of the factual actions taken by the intermediary is to produce a legal effect consisting of leading the principal to conclude an agreement for the sale (or lease) of a horse.
Depending on the scope of the intermediation agreement, the intermediary undertakes actions such as announcing an offer to sell the horse or a desire to buy it, providing information about the subject of the transaction concerning, for example, health, training, sports career, origin, character traits that determine the use of the mount in a given discipline. Most often, the intermediary is authorised to inform potential contractors about the terms of the agreement, as well as to conduct negotiations. At W Legal, we provide such services too.
Last but not least, another actual example of the crossing worlds of football and equine sports is cooperation between the horse jumper, Christian Kukuk, and the football player, Thomas Mueller. This year, during the Olympics in Paris, Christian Kukuk—riding on the horse owned by Thomas Mueller—won the gold medal in show jumping (see here). Sports horses can therefore also be an interesting source of capital investment.
When it comes to image rights in sports, from the equine sports law perspective, they are an essential legal aspect, especially in the era of social media. This year, the news regarding the ban on the publication of videos from the most important FEI events on social media has electrified the equestrian community. In order to use the recording that a horse rider has made, one needs to acquire the rights to it from the FEI. The FEI rules for sharing recordings include events such as World Cups, Nations Cups, World and European Championships, and the Longines League of Nations. The FEI reserves ownership of footage made in the Field of Play area, which includes competition areas, warm-up area, kiss and cry area, leaders lounge, entry and exit area. The so-called NRH entities, i.e. those without the rights to publish the recordings, include riders, horse owners, rider staff, national equestrian federations, and accredited media. In the event of a violation of the above-mentioned rules, the FEI may request the removal of content from a given social media channel. However, the good news is that it is still possible to publish photos of equine athletes without restrictions.
By reference to a new WADA Code 2027, it should be noted that there intensive works are being conducted by a drafting team (“Working Group”). The Working Group carries out its mandate over the May 2023 to December 2025 period. It will deliver final recommendations to WADA by November 2025. Therefore, the role of the Working Group is to review and consider feedback from WADA stakeholders and subsequently provide expert advice and recommendations. They also draft proposed amendments to update the Code, which shall come into effect on 1 January 2027 as part of the 2027 Code & International Standards Update Process. During the Conference, there were discussions regarding recommendations for particular articles of the WADA Code such as 7.4.1 (Principles Applicable to Provisional Suspensions); 10.2.2.2 (rules related to anti-doping rule violations that do not involve a Specified Substance or a Specified Method and where an Athlete cannot establish how the Prohibited Substance entered their system); 13.2 (Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspensions, Implementation of Decisions and Authority); and 13.2.3.5 (deadline for an appeal).
As a Signatory of the World Anti-Doping Agency (“WADA”) Code, the FEI has developed Anti-Doping Rules for Human Athletes which comply with the Code as well as with WADA’s International Standards. Therefore, new WADA Regulations will also have an impact on the FEI Regulations.
Written by Agnieszka Kalinowska, specialist equestrian lawyer at W Legal.
Equestrian law specialist, Agnieszka Kalinowska, is available to discuss the impact of the Conference on the equestrian community and potential changes in regulations.
For an introductory meeting regarding equine regulations, legal advice on equestrian sports, or related matters, please contact agnieszka.kalinowska@wlegal.co.uk.
