Business of Sport Daire Whelan

What has this week's ruling on the James McCartan case taught us, if anything? Will we see a constant stream of cases being brought before the courts? Will the slightest upset result in a writ? Will matches and leagues be held up while 12 men and women deliberate on the real meaning behind that second yellow card?

While an apocalyptic vision for sport in Ireland has been set out in some quarters, there has been a consensus that there must be another way.

And that other way could be on its way soon. Since there already exists a body for hearing and ruling on workplace disputes and since arbitration is today seen as the proper means for first attempts at conflict resolution, it follows that sport should follow suit.

Ireland is due to follow international trends in the near future. As part of the new transfer system that was agreed between FIFA and FIFPro, the international players union, a key components was the establishment of a Dispute Resolution Chamber where players or clubs with transfer or contract grievances could get a hearing with officials and player representatives presiding.

The Dispute Resolution Chamber was not that revolutionary and was merely following good practice, taking the Court of Arbitration for Sport in Lausanne as the example for sport.

In the early 1980s, while the number of international sports-related disputes was rising, there was no independent authority specialising in sports-related problems and authorised to pronounce binding decisions, and so the top sports organisations had to reflect on the question of sports dispute resolution. The result was the Court of Arbitration for Sport was established in 1984.

Going strong for 20 years, the CAS has over 150 arbitrators dealing in sports-specific cases.

The majority of their hearings have involved transfer disagreements or doping cases but the most recent high-profile case saw the Welsh FA seeking to have Russia expelled from Euro 2004 for fielding an ineligible player.

Growing in its credibility and authority year by year, such a body could prove to be one answer to the ills of Irish sport and also act as a means for preventing a future flood of cases via the courts. And, it seems, an Irish sports arbitration body is on its way. It is believed the Irish Sports Council are drawing up proposals for such a body to help deal with the increasing amount of sports disputes here.

Such a body already exists in the realms of anti-doping but it is hoped that a version extending into the general sports realm will act as a salve to the worsening situation in Irish sport.

Can it work? Ireland's only member at the Court of Arbitration for Sport, Ercus Stewart SC, believes it would in all cases, except ones like McCartan's as assault cases shouldn't come under the remit of arbitration.

In all other circumstances, however, it would be hoped that, à la the Labour Relations Commission, a resolution chamber to hear and decide upon sports disputes would provide an alternative to pursuing a case via a solicitor.

Whether sports bodies such as the GAA would be willing to cede power to an independent body is another matter but if a national sports arbitration body were State-backed Government funding for sports organisations could be linked to co-operation with and involvement in the resolution body.

To those who would ask why the CAS hasn't been used before by Irish sports bodies, the argument goes it is seen as being too expensive and too inaccessible for disputes of a domestic nature.

Of course there is one other solution, as highlighted in this column some weeks back, and that is for the GAA to go professional or at the very least have players as employees of the association. It might be unthinkable to many in the GAA but as Jack Anderson, sports law expert points out, "as rugby shows, professional players (employed by a club formed as a company) are less likely to inflict serious injuries on each other.

"The financial and contractual repercussions for them are such that they can be docked wages,fined or miss out on bonuses, or if they are guilty of gross misconduct (legally assaulting another) they would probably, under the standard contract, have their contract terminated," says Anderson.

"As a corollary, amateur players are more likely to initiate civil actions, as injuries mean they may be unable to earn a living - and of course insurance schemes are usually inadequate."

Perhaps the one thing that could spur the GAA into radical action would be if county boards were to be sued by their players or by players from an opposing county.

Anderson points out that, "The vicarious liability of clubs for the actions of their employees is interesting; clearly if a professional player assaults another during the course of a game, the injured player could (usually does) take a civil case against the player and the club. Maybe county boards, even coaches and selectors, should be wary of being vicariously liable in this way.

"In Australia, there was a case where a coach had "fired" up his team to such an extent (and told them to target certain individual opponents) that when that opponent was severely hurt the coach and club were held vicariously liable for the injuries inflicted."

For Irish sport the true spur to action will most likely only come when sports bodies pockets are hit hardest. Hit them in the pockets and they will fall as softly as a featherweight.

This week

TV viewing figures for the Premiership are falling according to the Observer's survey on declining interest in the big league in England. Viewing figures for games on Sky are at their lowest for 10 years, according to the survey, and nine of the 25 games shown live by the station this season so far have attracted an average audience share of 6 per cent or less, while only one match gained such a tiny share in the same period last season.

Analysts and fans alike are blaming the increased amount of games on TV this season, increased choice and when the likes of Bolton v Portsmouth are being shown, who can blame fans for turning off?

Apart from another four more years of Bush, another side effect of Tuesday's American election has meant the Dallas Cowboys will get a new $650 million, 75,000-seat, retractable-roof stadium that will be among the league's largest, and half the money will come from tax-payers in Texas.

Funny enough, it will be built right next to the Texas Rangers ballpark which used to be owned of course by a certain re-elected president of the US.

Are we to see pizza being strewn across the trading floor of the London stockmarket? Rumour has it Arsenal are looking to list themselves on the stock exchange when they open their new 60,000-seater stadium, and thus pitch themselves against Manchester United plc.

As it stands, there is only one team in it: Arsenal are valued at £157 million, against United's £732 million market capitalisation.

StockWatch

€3.92 - The average earnings per share recorded by sportswear giant adidas, after announcing third-quarter net sales for the group increased to 9 per cent, or €€1.953 billion, in 2004 up from €€ 1.853 billion.

GoFigure

$13 billion - Estimated value of annual global sneaker sales market, in which adidas is the number two operator.

ListentoLombardi

"You can't do what is right once in a while but all of the time."