Maidie Oliveau has served as an arbitrator with the American Arbitration Association, International Centre for Dispute Resolution, and the Court of Arbitration for Sport since 2000. She has participated onsite in five CAS ad hoc divisions at the Olympic Games. Ms. Oliveau brings extensive experience across all aspects of the sports and event business to her role, having worked on numerous pioneering matters, transactions, and arbitrations related to contractual disputes, negotiation of naming rights agreements, media rights arrangements, governance and disciplinary issues.
In this Q&A, Oliveau discusses her experience in sports-oriented disputes.
Q: What is your background in sports-related disputes?
Oliveau: My experience in sports-related ADR spans 25 years, during which I have acted as a sole arbitrator, panel chair, or panel member. My first arbitration roles took place with the Court of Arbitration for Sport ad hoc division at the 2000 Sydney Olympic Games. Shortly after, the AAA and ICDR included me on their panels. I have since heard commercial cases involving disputes relating to sponsorship and endorsement agreements, licensing agreements, agents' and clients' obligations, in both sports and entertainment. Additionally, I've adjudicated disciplinary matters, such as anti-doping violations, eligibility issues concerning team selection for the Olympics and other competitions, and governance matters related to rule compliance among sport participants and administrators.
Q: What kinds of matters do you most often see as an arbitrator or mediator in the sports industry?
Oliveau: The primary sources of disputes typically involve commercial disagreements between parties engaged in sponsorship, endorsement, or licensing contracts, conflicts among agents or between agents and their (former) clients, appeals regarding governance or team selection decisions, as well as alleged breaches of the anti-doping code applicable to all sports within the Olympic Movement.
Q: What drew you to ADR work in this space, and what do you find most rewarding about serving on the AAA’s Sports Conflicts Panel?
Oliveau: My primary motivation stemmed from a desire to positively impact the sports industry, where I have devoted my entire legal career. I aimed to support the establishment of legal standards governing sport and to foster consistency in rule interpretation for participants worldwide. Ultimately, I find collaborating with advocates and fellow arbitrators the most fulfilling aspect of serving on the AAA’s Sports Conflicts Panel, in addition to addressing complex and innovative legal challenges.
Q: What advice would you give parties preparing for arbitration or mediation in complex sports disputes?
Oliveau: When preparing for arbitration or mediation in complex sports disputes, my main advice is to assist the arbitrator or mediator as much as possible by clearly applying the relevant contractual terms and legal principles to the relevant facts, while also thinking through the various consequences of the relief being requested. In a sense, this guidance is already implied in the original question: preparation is fundamental to effective advocacy and greatly benefits the arbitrator's process. Preparation especially involves gaining a thorough understanding of the unique aspects of the specific case or industry—whether it’s a certain sport, particular relationships, or established industry practices.