How to litigate in FIFA

Updated 04/30/2019

Written by

Pablo Bruera

lawyer

Mail: derechosdelfutbol@gmail.com

Whatsapp: +54 9221 618-7294

In general, the camera analyzes as a first point if it is competent, that is, if it is a matter that concerns it.

Then the regulations are analyzed to enter the facts and the documentation presented. Decisions made by the CRD can be appealed to the TAS.

The CRD was created in 2001 and has 24 members.

Among other issues, it resolves labor disputes in the international arena related to past due debts between both parties.

Claims must be filed within two years from the conflict originated.

We have to remember that beyond what is spoken of judges and jurisprudence is a system of arbitration whose awards are called decisions.

Rules of Procedure of the Player Statute Commission and the FIFA Dispute Resolution Chamber

This regulation arises from the statutes of FIFA.

Law:

The law applied by these bodies are the statutes and regulations of FIFA as well as laws, national collective agreements and the characteristics of the sport.

Competition:

Both the Player Statute Commission and the Dispute Resolution Chamber judge their competence by virtue of the provisions of articles 22 to 24 of the regulations on the player's status and the transfer of players:

Art. 22) FIFA Competition

Without prejudice to the right of any player or club to raise a case before an ordinary tribunal for labor disputes, FIFA has the competence to deal with:

 

a) Disputes between clubs and players regarding the maintenance of contractual stability (art. 13-18) if a request from the CTI has been issued and if there is a demand from an interested party in relation to said CTI, in particular regarding that refers to its issuance, concerning sports sanctions or compensation for breach of contract;

 

b) Disputes regarding the employment relationship between a club and a player that have an international dimension; however, the aforementioned parties may opt, explicitly and in writing, for these disputes to be resolved by an independent arbitration tribunal, established at the national level and within the framework of the association or a collective agreement, which guarantees a fair process and respect the principle of equal representation of players and clubs. This arbitration clause must be included directly in the contract or in the collective agreement that governs the parties. The national independent arbitration court must guarantee the fairness of the process and must respect the principle of equality in the representation of players and clubs;

 

c) Disputes regarding the employment relationship between a club or association and a coach that have an international dimension, unless there is an independent arbitration tribunal that guarantees a fair process at the national level;

 

d) Disputes related to training compensation (art. 20) and the solidarity mechanism (art. 21) between clubs that belong to different associations;

 

e) Disputes related to the solidarity mechanism (art. 21) between clubs that belong to the same association, provided that the transfer of the player that causes the dispute has occurred between clubs that belong to different associations;

 

f) Disputes between clubs of different associations that do not correspond to the cases provided for in letters a), d) and e).

23) Player Status Commission

1. The Player Statute Commission will decide on any dispute pursuant to art. 22, letters c) and f), as well as any other dispute arising from the application of these regulations, subject to art. 24.

 

2. The Player Statute Commission shall not have any competence to hear contractual disputes involving intermediaries.

 

3. In case of uncertainty regarding the jurisdiction of the Player Statute Commission or the Dispute Resolution Chamber, the president of the Player Statute Commission will decide to which body the jurisdiction corresponds.

 

4. The Player Statute Commission will decide in the presence of at least three members, including the president or vice president, unless the case is of such a nature that it can be resolved by a single judge. In urgent cases or where difficult matters of fact or law do not arise and in decisions regarding the provisional registration of a player in relation to an international registration authorization in accordance with annex 3, art. 8 and Annex 3a, the chairman of the commission or another person designated by him and who must be a member of the commission may decide as sole judge. During the process, each party has the right to be heard. The decisions of the single judge or the Player Statute Commission can be appealed before the Court of Sports Arbitration (TAD).

24) Dispute Resolution Chamber

1. The Dispute Resolution Chamber (CRD) will decide on any dispute pursuant to art. 22 a), b), d) and e), except for the issue of a CTI.

 

2. The CRD will decide in the presence of at least three members, including the president or vice-president, unless the case is of such a nature that it can be resolved by a single CRD judge. CRD members will appoint a CRD judge for the clubs and one for the players from among its members. The CRD judge will decide in the following cases:

 

i) all disputes in which the value at issue is not more than CHF 100,000;

 

ii) disputes over the calculation of training compensation lacking complex issues of fact or law or where there is clear and established jurisprudence of the CRD;

I mean

iii) disputes over the solidarity contribution lacking complex issues of fact or law or in which there is clear and established jurisprudence of the CRD.

 

The disputes referred to in points ii. and iii. This paragraph may also be resolved by the President and the Vice President acting as sole judges.

 

The CRD judge, as well as the president or vice president of the CRD (as the case may be), have the obligation to submit fundamental matters to the chamber. The composition of the chamber will be equal, with the same number of representatives of the club and the player, except in those cases that a CRD judge may decide. During the process, each party has the right to be heard. The decisions of the CRD judge can be appealed to the TAD.

 

3. All claims related to training compensation and the solidarity mechanism processed through the TMS (see Annex 6) must be resolved by the CRD subcommittee.

Competition

In case of doubt as to which body is competent, the president of the player's statute commission decides.

The powers of the single judge arise from article 23 section 4 and 24 section 2 of the RETJ.

Composition

Both the members of the player statute commission and those of the Dispute Resolution Chamber are appointed by the FIFA Council.

The CRD has 26 members, is composed in equal parts by player representatives and club representatives and are appointed at the proposal of the player associations and the clubs or leagues.

General principles
  1. Good faith.

  2. Tell the truth

  3. Collaborate in clarifying the facts

  4. Act with due zeal

  5. The members of the Commissions must abstain from influencing other organs.

  6. Duty to keep secret.

  7. The parties have the right to be heard

  8. Right to present evidence

  9. Right to have decisions founded.

Parties

FIFA members, clubs, players, coaches, agents, organizers of licensed matches are parties.

The parties can be represented by empowered attorneys.

The party initiating the procedure is notified of the receipt in writing. The other affected party is notified of the opening of the procedure.

Abstention

The member with a direct interest in a matter should abstain on the basis of the decision.

Challenge

A member can be challenged if there are doubts about his independence or impartiality.

It has 5 days and must be supported, if possible, with evidentiary means. The member may reject the challenge by the Player's Commission or the Dispute Resolution Chamber.

REQUESTS

It must be in writing in one of the four official languages ​​of FIFA with the following information:

I mean

  1. Data of the parties and their representatives.

  2. Petition

  3. Description of the facts

  4. Tests

  5. Relevant documents.

  6. Amount of the litigation if it is patrimonial.

  7. Proof of advance of procedural costs if applicable.

I mean

If the requirements are not met it is returned for amendment and if it is not met the issue is not addressed.

The petition is forwarded to the other party, if within the established period it does not answer, it is decided with what is in the file.

Late documents are not taken into account. Only in special cases will a second notification be given.

When the investigation is closed, new evidence cannot be presented or the existing one cannot be modified. However, FIFA can request documents at any time.

If there is no contact with a club, its Association is notified and it is obliged to notify the conflict.

Once communicated to the Silk Association by communication the club 4 days after the communication.

The communication is made by email to psdfifa@fifa.org and in PDF format with date and binding signature.

The email that the clubs and Associations have put in the TMS is considered valid and binding.

Decisions take place at FIFA headquarters in Switzerland, Zurich and if warranted the parties can be summoned.

TEST

The means of evidence are the statements of the parties, witnesses, documents, expertise and everything that is relevant.

The existence of a fact must be proven by acting with due diligence.

FIFA may take into account documents not provided by the parties. The costs of the test are borne by the person who presents it. The principle of free appreciation of evidence applies.

Non-appearance of a subpoena, refusal to answer questions, and withholding of requested evidence are considered.

In disputes with compensation for training or solidarity mechanism that is simple or with clear jurisprudence of the Dispute Resolution Chamber, FIFA can present a written proposal regarding the amount and its calculation. The parties can request a formal decision from the competent union within 15 days of notification. Failing that, the proposal is considered accepted and binding.

Decisions are made by simple majority and behind closed doors. Everyone has 1 vote, including the president except for a tie and abstentions are not allowed.

The decision is notified in writing. The full bases are remitted after 20 days from the notification of the operative part and the period to appeal begins to run after the last notification.

The decision must contain the information of the parties, the date, the names of those who voted, the requests of the parties, the presentation of the facts, the basis of the decision, the appreciation of the evidence and the ruling.

Only the operative part can be notified and the parties have 10 days to request the reasons. But decisions that have sanctions must be based

The term is considered completed at midnight local time of the party's address or its representative on the last day of the term.

If a document is sent by mistake to another FIFA office, it is considered within the deadline and the body redirects it automatically.

Proof of compliance with the deadline must be given by the sender.

If the regulation does not establish consequences for non-compliance with deadlines, in each case the acting body evaluates it.

The start date of a term will NOT be included in the calculation of the term.

I mean

Interruption of deadlines

1. Between December 20 and January 5, both included,

2. 5 days before and 5 days after a regular FIFA Congress.

3. During the final world cup competition at the request of a party or ex officio.

4. If the last day of the period is a holiday or non-working day in the country of the party that has to deliver a document or its legal representative, it is passed to the next working day.

The deadlines determined by the regulations do not have an extension.

The deadlines for reply and second deadlines are 20 days. In an emergency they can be reduced.

If a reasoned request is submitted within the period, a one-time 10-day extension is granted.

The term to file an appeal will be computed from the date of notification of the full decision.

Procedural costs

An advance of procedural costs will be collected, with the exception of the Formation Right and Solidarity Mechanism whose claim is less than CHF 50,000.

The plaintiff or counterclaimant must pay the advance of costs.

The advance is calculated according to the amount in the litigation.

Amount in litigation |Procedural costs

Up to 50000 CHF | up to CHF 5000

up to 100000 CHF | up to 10000 CHF

up to 150000 CHF | up to 15000 CHF

up to 200,000 CHF | up to CHF 20000

from 200001 CHF | up to 25000 CHF

Where should the deposit be deposited?

UBS ZURICH account number, Number 366.677.01u, Player Statute.

Clering number 230

IRAN, CH 270023023036667701U

SWIPT, UBSWCHZM80A

 

If the advance payment has not been paid when filing the lawsuit, an additional 10 days is granted for the payment and if it is not made, the case is not considered.

The advance of the costs is reimbursed in the Solidarity Mechanism and Training Rights if all parties accept the FIFA proposal (the maximum amount in these two institutes, if applicable, will be CHF 25,000).

There are no costs in litigation between club and player due to contractual stability or international labor litigation between club and player.

If a party renounces the merits after notification of the decision of the operative part, the costs are waived.

 

Notification

The parties are notified directly and a copy is given to the competent Federations.

Notification is considered as of communication to the interested party, at least by email.

If we have no contact, it is communicated to the corresponding Federation and it is considered communicated to the club four days after communication to the Federation.

 

CIRCULAR 1628 GIVES GREATER SPEED TO DECISIONS MADE BY FIFA BODIES

On May 9, 2018, FIFA publishes this circular in order to respect and comply with the resolutions taken by the competent bodies, as well as the TAS rulings.

This regulation arises from the fact that many soccer interest groups, especially clubs, still did not respect the decisions of the Dispute Resolution Chamber and those of the Player Statute Commission.

In order to make the resolutions of the Disciplinary Commission more expeditious, individual decisions are authorized.

On the other hand, the FIFA Council approved a new article of the Regulations of the Statute and the transfer of players, by means of circular 1625.

Article 24 bis gives decision-making bodies the possibility of imposing sanctions on players and clubs.

When the Player Statute Commission, the Dispute Resolution chamber or the Sole Judges, order a club or player to pay a sum of money, they must also dispose of the amounts owed, which appear in the operative part of the decision. and they will be the following

  1. For a club, the prohibition of registering new players, both nationally and internationally, until the amounts owed are paid. The maximum duration of said prohibition, including possible sports sanctions, will be three full and consecutive registration periods.

  2. For a player, the restriction of playing any official match until the amounts due are paid. The maximum duration of said sanction, including possible sports sanctions, will be six months.

  3. The prohibition or restriction will apply when the amounts owed are not paid within 45 days from the date the creditor has communicated to the debtor the bank details necessary to make the payment, as long as the relevant decision is final. and binding.

 

The above procedure

 

When article 64 of the FIFA disciplinary code was violated, the Disciplinary Commission issued a sanction against the debtor club, ordered a fine and a definitive grace period. If he still did not pay, he was informed that at the request of the creditor club, deduction of points would be imposed.

If the decision was not respected, always at the request of the creditor, the Disciplinary Commission requests the Federation of the debtor to apply the deduction of points.

 

New procedure

 

To improve the respect of decisions, if a party violates article 64 of the Disciplinary Code, the Disciplinary Commission sanctions the debtor with a fine and a definitive term is granted to pay off the debt. Likewise, also, it will impose deduction of points and -or a prohibition to enroll players when the final term expires.

If the debt persists, the debtor's Federation is informed that the point deduction and / or the prohibition to register players for one or more periods is automatically applied.

If the debt has not yet been canceled, the creditor may request that the proceedings be returned to the Disciplinary Commission to order a possible descent to a lower category.

 

Implementation of sports sanctions according to the new procedure

 

  1. DEDUCTION OF POINTS. From the day after the term expires, the debtor's Federation is requested to automatically implement the deduction of points. After the deadline, even with payment, the sanction cannot be avoided. If the Federation does not comply with the sanction, a disciplinary procedure is opened before the FIFA Disciplinary Commission.

  2. PROHIBITION TO ENROLL PLAYERS. If the payment is not demonstrated, the prohibition to register players will be automatically implemented, requesting it from the debtor's Federation. In the event that payment is made, only the Disciplinary Commission can lift the sanction, both nationally and internationally.

 

Effect of signing an out-of-court agreement and / or payment plan during the disciplinary procedure

In any of these two cases, the decision made by the FIFA body will not be executed.

The signing of the agreement will automatically lead to the closure of the disciplinary procedure and the claim for breach of the agreement must be filed with the FIFA bodies.

 

Circular 1583

 

By this May 2017 circular, the FIFA Council approved an amendment to article 78 of the Disciplinary Code, allowing members of the Disciplinary Committee to pronounce individually on decisions that are governed by article 64b of said code . In this way decisions are streamlined since until now they could only be made together.

The circular maintains that in the most complex cases they will follow the usual method of the three-member panel.

The chair of the Disciplinary Commission will be responsible for assigning cases to the members of the Commission.

The modification, then, aims to increase efficiency in decision-making since the number of cases treated has grown considerably.

CIRCULAR NÚMERO 1694 FIFA

Only available in PDF

Introduction

In this work we analyze the functions of the Dispute Resolution Chamber (CRD):

Competences, who are the parties, how requests are made, the means of proof, deadlines, amount of the litigation, notifications, etc.

We make reference to FIFA circulars 1628 and 1583.

The first one makes the decisions made by the organisms faster, differentiating the old from the new procedure.

The second modifies article 78 of the Disciplinary Code, allowing decisions to be made by a single judge.

We end this material with an annex containing the Rules of Procedure of the Player Statute Commission and the Dispute Resolution Chamber, as well as FIFA 1583 and 1628 circulars.

WHAT IS THE FIFA DISPUTE RESOLUTION CHAMBER

This body is in charge of the refereeing and dispute tasks at FIFA, it is composed equally between players and clubs with an independent president and the current composition is as follows:

© 2019 Association of Experts on soccer rights

Mail: derechosdelfutbol@gmail.com

Whatsapp: +54 9221 618-7294

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