USA Law and Practice Contributed by: Irwin A. Kishner, Daniel A. Etna, Joel Wagman and Barry Werbin, Herrick, Feinstein LLP
• there was evident partiality or corruption among the arbitrators; • the arbitrators were guilty of misconduct and the rights of a party were prejudiced; or • the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.
teristics to the team for promotional purposes and seek the team’s consent before engaging in any media or public appearances; • participate in reasonable activities promoting the team and league as directed; • maintain good moral character, good citi - zenship, good sportsmanship, and integrity, including by not betting on games, accepting anything of value to attempt to fix a game, or using or providing others with prohibited substances; • maintain good physical condition and notify the team of injuries and illness, including noti - fying the team of injuries incurred as a result of the player’s employment with the team; • abstain from playing other sports or engaging in activities that may involve a substantial risk of personal injury without the consent of the team; and • accept an assignment of the SPK in the event the team trades the player to another team, and faithfully perform the duties as required by the SPK for the new team. While CBAs may restrict the subjects on which teams and individual players may negotiate in an SPK, the parties are generally permitted to negotiate the player’s signing bonuses, contract restrictions on trading the player, and compen - sation in the event of injury, among other pro - visions. The SPK may also specify the team’s option to retain a player for another year after the conclusion of the SPK, or the player’s option to become an unrestricted or restricted free agent. As an unrestricted free agent, the player may opt to remain with their current team for another year or accept offers from other teams. As a restrict - ed free agent, the player may receive offers from other teams, but must allow their original team an opportunity to meet or exceed any offers.
7. Employment 7.1 Sports-Related Employment Contracts
Relationships between athletes and sports organisations in football, basketball, baseball, hockey, and soccer are typically handled by employment contracts, commonly referred to as Standard Player Contracts or Uniform Play - er Contracts (SPK). An SPK is typically a form document which has been negotiated between the league and the players’ union pursuant to a CBA. Most CBAs require that the league does not approve an individual player’s SPK unless it has been negotiated with an agent registered with the player’s union or the player has nego - tiated the contract themselves. Generally, the Commissioner of the league has the power to reject an SPK if the agreement violates any pro - vision of the CBA, including its salary cap and registered agent provisions. Typical Terms of the SPK The standard SPK typically requires the player to: • participate in meetings, training camps, workouts, practice sessions, regular season games, exhibition games, and postseason games; • license the player’s name(s), image, likeness, and other identifying information and charac -
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