Lunch and learn: FIFA and dispute resolution chamber update
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COMMENT
Lunch and learn: FIFA and dispute resolution chamber update Summary and Comment Tim Wilms
Published online: 27 August 2013 Ó T.M.C. Asser Instituut 2013
Abstract Summary and Comment of the 8 May 2013 presentation of Frans De Weger about the FIFA Dispute Resolution Chamber, during which the background, the procedural rules, and the well-established jurisprudence of the Dispute Resolution Chamber were discussed. Keywords FIFA Dispute resolution chamber Jurisprudence
On 8 May 2013, the Asser International Sports Law Center hosted a ‘‘Lunch and Learn’’ about the well-established jurisprudence of the FIFA Dispute Resolution Chamber (DRC) with Frans de Weger as speaker. Mr. De Weger currently works as legal counsel at the Dutch Federation of Professional Football Clubs (FBO). At the FBO he, inter alia, advises players, agents and clubs on Dutch Royal Football Association (KNVB) and FIFA regulations, and is involved in proceedings before the KNVB, FIFA and CAS on behalf of the Dutch football clubs. In 2008, the T.M.C. Asser Press published Mr. De Weger’s book ‘‘The Jurisprudence of the FIFA Dispute Resolution Chamber’’, in which all relevant decisions of the DRC between 2002 and 2006 were analyzed and classified into different categories. As a starting point Mr. De Weger explains the background of the DRC. In this context, the Bosman case of 1995 is highly relevant. The Bosman-ruling affected FIFA’s transfer rules and resulted in a dialogue between FIFA and the European Commission to adapt these rules.
T. Wilms (&) Legal Intern at the International Sports Law Centre, T.M.C. Asser Institute, The Hague P.O. Box 30461, 2800 GL The Hague, The Netherlands e-mail: [email protected]
As a consequence FIFA presented its new ‘‘FIFA Regulations for the Status and Transfer of Players, edition 2001’’. The new legislation included the introduction of the DRC and was a mix between rules of the European Commission and demands of the FIFA, as Mr. De Weger explains. The DRC was developed to take over certain disputes of the FIFA Players’ Status Committee (PSC), that remained to exist as an umbrella organization of the DRC. The Regulations on the Status of Transfers and Players (RSTP) stipulate that the DRC has jurisdiction over disputes: –
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Between players and clubs in relation to contractual stability in case of an International Transfer Certificate (ITC)-request (‘‘sub a procedure’’); Employment-related between players and clubs with an international dimension, unless an independent arbitration tribunal guaranteeing fair proceedings and respecting the principle of equal representation of players and clubs has been established at national level (‘‘sub b procedure’’); Relating to training compensation and solidarity contribution.1
Disputes relating to training compensation can concern on the one hand a player that signs his first contract as a professional and on the other hand a professional that is transferred until the end of the season of his 23rd birthday.2 The solidarity contribution is a deduction of 5 % from
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