Stankiewicz, M. Opting-in for a domestic independent and fair tribunal under FIFA RSTP in player-club labour disputes of an international dimension. A brief analysis of the recent FIFA decisions regarding Polish and Slovak clubs. Is it a procedural trap? Právny obzor, 104, 2021, special edition, pp. 60-72
https://doi.org/10.31577/pravnyobzor.specialissue.2021.04
Opting-in for a domestic independent and fair tribunal under FIFA RSTP in playerclub labour disputes of an international dimension. A brief analysis of the recent FIFA decisions regarding Polish and Slovak clubs. Is it a procedural trap? The aim of the present paper is to analyse and examine the procedural requirements of raising an objection of the competence of FIFA in international disputes in professional football. The first part of the paper investigates the basis of FIFA jurisdiction, its requirements and the procedures that govern the proceedings in such cases. The second part of the paper is based on recent examples of cases where clubs and players from Poland and Slovakia tried to effectively raise an objection to FIFAs competence in adjudicating the cases. These examples are to illustrate what are the common problems the parties face when trying to raise such an objection and what procedural mistakes may lead to the questioning of the competence of FIFA on merit to be denied. The vital procedural issues in FIFA proceedings are presented as a chance to analyse the mistakes made in the past and avoid them in the future.
Key words: FIFA, Dispute Resolution Chamber, National Arbitral Tribunal, Sports law, Poland, Slovakia
Introduction
This paper is to briefly present the problem of opting-in for the domestic tribunal under the FIFA Regulations on Status and Transfer of Players. This main regulation regarding relations between sport clubs and professional players with an international dimension also governs the problem of jurisdiction (competence) of FIFA. Under the current, recently amended FIFA Statutes
1)
, the FIFA Football Tribunal is established it consists of three chambers: (a) the Dispute Resolution Chamber; (b) the Players' Status Chamber; and (c) the Agents Chamber. The first two chambers are a continuation of previously existing FIFA judicial bodies: the FIFA Dispute Resolution Chamber and FIFA Players' Status Committee respectively. The third chamber is a brand new one that is set to be established along with the upcoming reform of football agents, which is currently being prepared by FIFA. In the said reforms FIFA is to return to the idea of regulated football agents, scrapped by a deregulation made in 2015 when the concept of football intermediaries came to life. In this paper I would like to first show the legal background of the FIFA competence problem as well as the procedural framework on the basis of which FIFA adjudicates. In the second part I would like to present recent cases regarding the objection to FIFA competence and to comment on them.
1. What is an independent and fair tribunal under FIFA regulations?
The current FIFA Status in its article 58 section 3 (previously art 60 section 3) says that the associations shall insert a clause in their statutes or regulations, stipulating that
"it is prohibited to take disputes in the association or disputes affecting leagues, members of leagues, clubs, members of clubs, players, officials and other association officials to ordinary courts of law, unless the FIFA regulations or binding legal provisions specifically provide for or stipulate recourse to ordinary courts of law. Instead of recourse to ordinary courts of law, provision shall be made for arbitration. Such disputes shall be taken to an independent and fair and duly constituted arbitrati
