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2 Glob. Sports Pol'y Rev. 1 (2021-2022)

handle is hein.journals/gblspr2 and id is 1 raw text is: Global Sports Policy Review (Autumn 2021) Volume 2 Issue 1 ISSN (0): 2582-8886 ew spr. rm Pages: 1 -17 The European Super League: Examining the Validity of UEFA's Bans from the Players' Perspective Manthan Dalwai, Law Scholar, Jindal Global Law School Abstract On 18 April 2021, 12 of Europe's biggest clubs announced the formation of a break away league, the European Super League (ESL). UEFA, in their attempt to halt the league, threatened to impose bans on the players of the 12 clubs. Chelsea and Manchester City pulling out, set off a chain reaction which culminated with the ESL being shelved. The whirlwind 72 hours brought forth many points of deliberation, one of them being the rights of the players. One must wonder had the ESL not capitulated but commenced as soon as practicable, where it would have placed the players. This paper will look at the rights of the players by examining the validity of UEFA's ban and asserting that the ban would amount to a repudiatory breach of employment contracts by the participating clubs. The first part of the paper will look at UEFA's threats of an international ban on players. By analysing the tiers of regulations and the International Skating Union case it will argue that UEFA's ban would constitute a restraint on freedom of trade. The paper will look to build on the Metropolitan Court of Madrid's order which pointed out the fallacy in the proposed ban. The second part of the paper will analyse the contractual situation of the players from the perspective of employment contracts. It will assert that the conscious act by the clubs, which would obstruct players from participating in international competitions would constitute a repudiatory breach. The paper will then examine the possible recourses the players had in such a situation. The author will conclude that the proposed ban was arbitrary and illegal. The players would be fully within their rights to elect the acceptance of a repudiatory breach and be free to negotiate employment contracts with a new club. Keywords: European Super League, Player Rights, Regulations, Ban, Repudiatory Breach Page 1 1

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