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How to litigate in FIFA

Updated 04/30/2019

Written by

Pablo Bruera

lawyer

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

Then the regulation is analyzed to enter into the facts and the presented documentation. Decisions made by the CRD can be appealed to the CAS.

The CRD was created in the year 2001 and has 24 members.

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

Claims must be filed within two years of the conflict's origination.

We have to remember that beyond that we talk about judges and jurisprudence is an arbitration system whose awards are called decisions.

Rules of procedure of the Commission for the Statute of the player and the FIFA Dispute Resolution Chamber

This regulation arises from the FIFA statutes.

Straight:

The law that these bodies apply is FIFA's statutes and regulations as well as laws, national collective agreements and the characteristics of sport.

Competition:

Both the Players' 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 status of the player 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 labor dispute tribunal, FIFA has the competence to deal with:

 

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

 

b) Disputes regarding the employment relationship between a club and a player that take on an international dimension; however, the aforementioned parties may opt, explicitly and in writing, for these disputes to be resolved by an independent arbitral 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 by which the parties are governed. The national court of independent arbitration must guarantee the fairness of the process and must respect the principle of equality in the representation of players and clubs;

 

c) Disputes with respect to the employment relationship between a club or an association and a coach that take on an international dimension, unless there is an independent arbitral tribunal that guarantees a fair process at the national level;

 

d) Disputes related to compensation for training (Article 20) and the solidarity mechanism (Article 21) between clubs belonging to different associations;

 

e) Disputes related to the solidarity mechanism (Article 21) between clubs belonging to the same association, provided that the transfer of the player causing the dispute has occurred between clubs belonging to different associations;

 

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

23) Player Statute Commission

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

 

2. The Player Statute Commission will not have any competence to hear contract disputes involving intermediaries.

 

3. In case of uncertainty regarding the jurisdiction of the Players 'Status Committee or the Dispute Resolution Chamber, the chairman of the Players' Status Committee will decide which body corresponds to the jurisdiction.

 

4. The Player Statute Commission shall 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 in cases where difficult issues of fact or law do not arise and in decisions on the provisional registration of a player in connection with an authorization for registration in the international arena in accordance with annex 3, art. 8 and annex 3a, may decide as sole judge the president of the commission or another person that he / she designates and who must be a member of the commission. During the process, each party has the right to be heard. The decisions of the sole judge or of the Player Statute Commission can be appealed before the Court of Arbitration for Sport (CAS).

24) Dispute Resolution Chamber

1. The Dispute Resolution Chamber (CRD) will decide on any dispute according to art. 22 a), b), d) and e), except if it is 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. The members of the CRD 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 100 000 CHF;

 

ii) disputes regarding the calculation of compensation for training lacking complex questions of fact or law or in which there is a clear and established jurisprudence of the CRD;

iii) disputes over the solidarity contribution lacking complex issues of fact or law or in which there is a 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 parity, with the same number of representatives of the club and the player, except in cases that can be decided by a judge of the CRD. During the process, each party has the right to be heard. The decisions of the CRD judge or judge can be appealed to the CAS.

 

3. All demands related to compensation for training and the solidarity mechanism processed through the TMS (see annex 6) must be resolved by the sub-commission of the CRD.

Competition

In case of doubt in relation to which of the agencies is competent decides the president of the commission of the statute of the player.

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

Composition

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

THE CRD It has 26 members, is composed in equal parts by representatives of players and representatives of clubs and are appointed at the proposal of the Associations of players and clubs or leagues.

General principles
  1. Good faith.

  2. Tell the truth

  3. Collaborate in the clarification of the facts

  4. Act with due zeal

  5. The members of the Commissions must refrain from influencing other bodies.

  6. Duty to keep secret.

  7. The parties have the right to be heard

  8. Right to present evidence

  9. Right to the decisions are founded.

Parts

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

The parties can be represented by empowered representatives.

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

Abstention

 

The member who has a direct interest in a matter must abstain on the basis of the decision.

 
Recusation

 

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

It has 5 days and should be based, as far as possible, with evidence. The member may refuse the recusal the Player's Commission or the Dispute Resolution Chamber.

 

PETITIONS

 

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

 

  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 procedural costs if applicable.

 

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

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

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

When the closure of the investigation is communicated, it is not possible to present new evidence or modify the existing one. FIFA, however, may request documents at any time.

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

Once communicated to the Association seda by communication the club after 4 days from 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 the FIFA headquarters in Switzerland, Zurich and, if justified, the parties can be summoned.

 

TEST

 

The means of proof 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 expenses of the test are borne by the person presenting it. The principle of free appreciation of the test governs.

It takes into account the lack of appearance to a citation, the refusal to answer questions and the withholding of evidence requested.

In litigation with compensation for training or solidarity mechanism that is simple or with clear jurisprudence of the Dispute Resolution Chamber, FIFA may submit a proposal in writing regarding the amount and its calculation. The parties may request a formal decision from the competent union within 15 days of notification. Otherwise, the proposal is considered accepted and binding.

Decisions are taken by simple majority and behind closed doors. Everyone has 1 vote, including the president except tie and no abstentions are allowed.

The decision is notified in writing. The complete grounds are sent after 20 days of the notification of the operative part and the period to appeal begins to run after the last notification.

The decision must contain the data of the parties, the date, the names of those who voted, the petitions of the parties, the statement of the facts, the basis of the decision, the assessment of the evidence and the ruling.

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

The deadline is considered met at midnight local time of the domicile of the party or its representative of the last day of the deadline.

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

The 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 it is evaluated by the acting body.

The day of the beginning of a term will NOT be included in the computation of the term.

 

Interruption of deadlines

 

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

2. 5 days before and 5 days after an ordinary FIFA Congress.

3. During the final competition of the world cup at the request of a party or of its own motion.

4. If the last day of the term 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 worker.

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

The deadlines for reply and second deadlines are 20 days. In case of urgency they can be reduced.

If a reasoned request is submitted within the deadline, a one-time extension of 10 days is granted.

The period for filing an appeal shall be computed as of the date of notification of the integral decision.

 

Procedural costs

 

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

The claimant or counter-claimant 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 the deposit should be deposited

 

Account number UBS ZURICH, Number 366.677.01u, Statute of the Player.

Number of clering 230

IRAN, CH 270023023036667701U

SWIPT, UBSWCHZM80A

 

If the claim has not been paid, the advance is granted 10 days more for the payment and if this is not done, the case is not considered.

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

There are no costs in litigation between club and player for contract stability or international labor disputes between club and player.

If a party waives the ground after notification of the decision of the operative part, costs are waived.

 

Notification

 

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

The notification is considered made from the 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 after four days from the communication to the Federation.

 

CIRCULAR 1628 GIVES GREATER RAPIDITY TO DECISIONS TAKEN BY FIFA ORGANS

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

This regulation arises from the fact that many football 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 expedite the resolutions of the Disciplinary Commission, it is authorized to make decisions individually.

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

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

When the Players' Status Commission, the Dispute Resolution Chamber or the Single 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 to register new players, both nationally and internationally, until the amounts due are paid.The maximum duration of said prohibition, including possible sporting sanctions, will be three complete and consecutive registration periods.

  2. For a player, the restriction to dispute any official match until the amounts owed are paid. The maximum duration of this sanction, including possible sporting sanctions, will be six months.

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

 

The previous procedure

 

When Article 64 of the disciplinary code of FIFA was breached, the Disciplinary Committee issued a penalty 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, points deduction would be imposed.

If the decision was not respected, always at the request of the creditor, the Disciplinary Committee asks the debtor's Federation to apply the deduction of points.

 

New procedure

 

In order to improve respect for decisions, if a party violates Article 64 of the Disciplinary Code, the Disciplinary Commission sanctions the debtor with a fine and a definite term is granted to settle the debt. Likewise, it will also impose points deduction and -or a prohibition to register players when the final term expires.

If the debt persists, it is communicated to the Federation of the debtor to automatically apply the deduction of point and / or the prohibition to register players for one or several periods.

If the debt was not yet canceled, the creditor may request that the proceedings return to the Disciplinary Commission to order a possible reduction to a lower category.

 

Implementation of sport sanctions according to the new procedure

 

  1. DEDUCTION OF POINTS. From the day after the expiration of the term, the Debtor Federation is requested to automatically implement the deduction of points. After the deadline, even with the payment, the sanction can not be avoided. If the Federation does not comply with the sanction, a disciplinary procedure is opened before the FIFA Disciplinary Committee.

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

 

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

 

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

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

 

Circular 1583

 

By this circular of May of the year 2017, the Council of FIFA approved an amendment to Article 78 of the Disciplinary Code, making it possible for members of the Disciplinary Committee to make individual decisions on the cases regulated by Article 64b of said code. . In this way, decisions are expedited since up to this moment they could only be made jointly.

The circular maintains that in the most complex cases, the usual method of the panel of the three members will be followed.

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

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

CIRCULAR NÚMERO 1694 FIFA

Only available in PDF

Introduction

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

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

We mention the FIFA circular 1628 and 1583.

The first one gives greater speed to the decisions taken by the organisms, differentiating the old from the new procedure.

The second modifies article 78 of the Disciplinary Code, making it possible for decisions to be taken by a single judge.

We finalize this material with an annex containing the Rules of Procedure of the Players' Status Committee and the Dispute Resolution Chamber, as well as the FIFA 1583 and 1628 circulars.

WHAT IS THE FIFA DISPUTE RESOLUTION CHAMBER?

This body is responsible for the arbitration and dispute in FIFA, is composed equally between players and clubs with an independent chairman and the current composition is as follows: