Power to Punish LIV Golfers Faces a Legal Test in Europe
An arbitration panel will meet next week to weigh whether the European Tour may penalize the men who played on the Saudi-backed circuit.DUBAI, United Arab Emirates — Many of the golfers had wandered away one afternoon last week, seeking lunch or refuge from the Emirati sun or something besides the monotony of a driving range.Ian Poulter, though, kept swinging, the consistency nearly enough to disguise that there is almost no professional golfer in greater limbo.Poulter, who has competed on the European Tour for more than two decades, is among the players who defiantly joined LIV Golf, the breakaway circuit bankrolled by Saudi Arabia’s sovereign wealth fund, and faced punishment from the tour. Next week, almost eight months after the first rebel tournament, arbitrators in London will weigh the tour’s choice to discipline defectors.The case is a test for the golf establishment’s response to LIV, which has guaranteed certain players tens of millions of dollars to compete in a league that insists it is looking to revive golf but that skeptics view as a front to rehabilitate Saudi Arabia’s reputation. Executives and legal experts say, though, that the arbitrators’ decision could also ripple more broadly across global sports as athletes increasingly resist longstanding restrictions on where they compete and as wealthy Persian Gulf states look to use the world’s courses, fields and racetracks as avenues for their political and public-relations ambitions.“The impacts of this case are potentially tremendous across all of international sport,” said Jeffrey G. Benz, a sports arbitrator in London who is not involved in the golf case and noted how other leagues and federations have faced opposition to their efforts to stymie potential rivals.Although the issue that next week’s panel will consider is formally a narrow one, dealing only with the European Tour’s conflicting event policy, a ruling in favor of the players could embolden like-minded but wary athletes to plunge into the universe of cash-flush start-ups. A victory for the tour, marketed as the DP World Tour, would reinforce the kind of rules that marquee sports organizers have harnessed for decades to preserve market power. And whichever side prevails will assuredly tout victory as vindication for its approach to professional sports.“There’s the public opinion part, there’s the influence it might have on other athletes, there’s the influence it might have on other rich people who might think, ‘Hey, I’d really love to get into sports. Let’s put a group together and go attack name-the-sport,’” said Jill Pilgrim, a former general counsel for the L.P.G.A. who now teaches sports arbitration at Columbia Law School.“They’re watching all of this,” she added.Poulter has argued that playing with the new circuit was not all that different from the rest of a storied career dotted with appearances across tours.Lynne Sladky/Associated PressThe golf case began last June, when Poulter was among the European Tour players who played in a LIV Golf tournament without the tour’s permission. The tour, wary of undermining the rules that fortify its sponsorship and television-rights deals, responded with short suspensions and fines, modest penalties compared to the indefinite suspensions that the United States-based PGA Tour meted out.The players insist, though, that they are independent contractors and should have greater freedom to pick when, where and for whom they compete. An arbitrator paused the tour’s punishments last summer but did not rule on the substantive arguments that will go before this month’s panel. The arbitrators could announce their decision within weeks of the five-day, closed-door hearing, which will begin Monday.A Guide to the LIV Golf SeriesCard 1 of 7A new series. More