A book on tennis and the law faces many challenges from the very outset. Despite the fact that it is one of the most popular sports, attracting large crowds throughout the world, there is an absence of scholarship in the legal literature. One may perhaps think that there is not all that much to write about. However, the governance of global tennis constitutes one of the most complex in the world of sports since it is subject to no less than three governing bodies, all with autonomy, but also in relative synergy. This fact alone should have been enough for an expansive literature, but it has hardly attracted any attention in the intersection between law and tennis. While putting this book together, the editors were faced with several dilemmas. Was this a book about professional tennis or tennis in general? From a practical perspective, as opposed to the definition of the ATP and WTA, it is difficult to discern who is or who claims to be a professional tennis player. In equal measure, a junior player going into debt in order to cover his or her expenses with a view to climbing the rankings and ultimately making money from the sport may have as much claim to a professional status as any seasoned player earning guaranteed profits from participation in various circuits. As a result, our definition of professional tennis should be perceived in a broad sense, which necessarily involves thousands of persons around the world who view their efforts as professional or from a professional angle. Just like other individual sports, tennis is hardly about the two opponents on the court; rather, there is an entire mechanism off the court without which a high-level game could never be played. This includes a dedicated entourage (mostly parents) that travel around the circuits, book the courts (and sweep them almost every time!), pay coaches and act as psychologists and counselors to their children. One of the editors of this book was a tennis dad and is perfectly aware of all the highs and lows this full-time endeavor offers. In addition to parents, the off-court entourage includes coaches and other tennis professionals, tennis clubs and academies, national tennis associations, event organizers, sponsors, equipment producers, media, advertisers and others. When one watches the finals of ATP or WTA tournaments, this is simply the pinnacle of the game of tennis, and it is easy to ignore the labor of millions of stakeholders throughout the world.
A major challenge in writing a book on law and tennis is the absence of material and as a result a lack of wholesome expertise. By way of distinction, it may be surmised that contract law in the United Kingdom is comprised of the common law and a handful of statutes. A specific law of tennis contracts, on the other hand, cannot rely on an identifiable body of law because relevant contracts are confidential, and the availability of tennis-specific cases is miniscule. Legal counsel in the three tennis governing bodies have access to a relatively small body of law and regulation, which in turn creates ultra-specialization. Lawyers representing tennis players and tennis stakeholders are the guardians of contracts and it is natural that they shape much of the game of tennis off the court. It was clear to the editors that all of these varied types of expertise were required if they were to produce a comprehensive book on the intersection between tennis and the law. It is for this purpose that contributors are derived from all walks of the tennis legal spectrum, including from academia, legal practice and in-house counsel in one or more of the three tennis governing entities. All of the contributors thus have a strong interest in tennis, besides their legal expertise. In addition, one of the editors was an ATP-ranked player and senior advisor to several national tennis associations, while the other editor was the founder and CEO of the first high-performance tennis academy in the Middle East.
It is also apt to declare our dilemma about what could have been an appropriate title for this book, besides the use of the word “professional.” Is tennis regulated by domestic law, international law or that part of transnational sports law (lex sportiva) as applied to the specific governance requirements of tennis? Readers will come to realize that all three components are relevant to this discussion. While it was felt that both transnational (and also global) and international law were appropriate, ultimately only one of the two had to remain. The choice was certainly not an easy one.
The editors would like to pay their gratitude to all the contributors to this book for their professionalism and their efforts to uncover material that was largely inaccessible. Without them, this book would not have been possible. In addition, the editors would like to extend their appreciation to Marianne Nield, senior commissioning editor at Cambridge University Press, for believing in this project despite the absence of a dedicated sports law concentration at the Press. The editors certainly hope that this is a first attempt to map the intersection of law and tennis and that the younger generation of sports lawyers expands and improves on this work. The editors are happy to receive comments and suggestions for possible improvement in a second edition. The production of the book was delayed on account of unforeseen circumstances. Despite several rounds of updating, by the time of the last round until the book had gone to production, all three tennis entities had amended pertinent institutional rules at least once. Readers may well need to consult the newest versions of rules. Alas, the law stated herein is accurate as of May 1, 2024.