The Role of CAS in Settling Sports-Related Disputes •Why regular courts can’t entertain football-related suits

By Daily Sports on June 4, 2016

Views: 2,663

The Court of Arbitration for Sport (CAS) is an institution independent of any sports organisation which provides for services in order to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the specific needs of the sports world. Many cases have been decided by CAS in recent times. Some of those cases include: Amos Adamu v. FIFA (CAS 2011/A/2426), Football Association of Serbia v. UEFA (CAS 2015/A/3875), Nigeria Football Federation v. FIFA (CAS 2014/A/3744), Nigeria Football Federation v. FIFA (CAS 2014/A/3766) etc.

As earlier noted, the CAS is an independent institution serving sports throughout the world. Its job is to settle all sports-related legal disputes. Now we must quickly state that contrary to what many people think, the jurisdiction of CAS is not limited to football but extends to all sports.

Article 68 (2) of the FIFA Statute provides extensively that ‘recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations. Recourse to ordinary courts of law for all types of provisional measures is also prohibited’.

The Nigeria Football Federation (NFF) is the member association recognised by CAF and FIFA as being responsible for the organisation and supervision of football in Nigeria. It is for the purpose of meeting the obligation to establish a domestic dispute resolution tribunal that Articles 4(3), 53, 68 and 69 of the NFF Statutes provide as follows:

“ARTICLE 4:

3. NFF shall provide the necessary institutional means to resolve any internal dispute that may arise between Members, Clubs, Officials and Players of NFF.

ARTICLE 53

  1. 1.      The Players’ Status Committee shall set up and monitor compliance with transfer regulations in accordance with the FIFA Regulations for the Status and Transfer of Players and determine the status of Players for various competition of NFF. The Executive Committee may draw up special regulations governing the Players’ Status Committee’s powers of jurisdiction. The Players’ Status Committee shall consist of a Chairman, a deputy Chairman and three members.
  2. 2.      Players’ status disputes involving NFF, its Members, and Players, Officials and match and players’ agents shall be settled by an Arbitration Tribunal in accordance with these Statutes.

ARTICLE 68

NFF shall create an Arbitration Tribunal, which shall deal with all internal national disputes between NFF, its members, players, officials, match and players agent that do not fall under jurisdiction of its judicial bodies. The executive committee shall draw up special regulations regarding the composition, jurisdiction, procedural rules of this Arbitration Tribunal.

ARTICLE 69

  1. 1.      NFF, its Members, Players, Officials and match and player’s agents will not take any dispute to Ordinary Courts unless specifically provided for in these Statutes and FIFA regulations. Any disagreement shall be submitted to the jurisdiction of FIFA, CAF, WAFU or NFF.
  2. 2.      NFF shall have jurisdiction on internal national disputes i.e. disputes between parties belonging to NFF. FIFA shall have jurisdiction on international disputes i.e. disputes between parties belonging to different Associations and/or Confederations.”

The above provisions of the NFF Statute have been painstakingly engraved herein to establish that indeed there is an instrument for the ‘amicable’ resolution of internal disputes especially disputes arising between Football players and clubs in Nigeria, and this cannot function properly if lawyers are not fully involved in the arbitral processes.

•Amobi Ezeaku, Esq. is the Team Manager of Rangers International FC of Enugu. Your comments and reactions are welcome. Please send to 08038338272, 08158461730 or by e-mail to amobi.ezeaku@yahoo.com; publisher@dailysportsng.com

Source Daily Sports

Posted June 4, 2016

Share on facebook Yahoo mail icon Gmail icon Share on Google+


 

You may also like...
Breaking: Real Madrid, Athletico Madrid banned from signing...

Lagos SWAN announces date for Winners Golden Bet...

True confession: I paid my brother Justin £75,000...

Salah’s four-goal blitz fires Liverpool

Nigeria, Senegal meet in heavyweight clash in London...

Pastor demands money to pray for Super Eagles’...

 

Latest News Train crushes Team Nigeria boxer in Lagos I nearly quit playing for Nigeria after death threats — Odion Ighalo Mayweather says ready to fight Nurmagomedov Bet9ja football tournament: BJ, Rockets lock horns in final Okumagba thumbs up Eagles, Technical Crew, NFF on win over Libya •Says there’s still room for improvement WINNER: Pascal Durugbor scores hat trick for Vaxjo to lift Hyundai Cup in Sweden Khan withdraws offer to buy Wembley Rasheedat Ajibade, Desire Oparanozie invited for Africa Women Cup of Nations Even Lionel Messi would struggle at Manchester United — Paul Scholes Real Madrid protest against Girona-Barca game being played in US Saul ‘Canelo’ Alvarez signs ‘most lucrative’ deal with sports service DAZN Warriors celebrate NBA title with reversible rings featuring diamonds

 

Most Read Rangers International going, going . . . (44,423 views) Amaju Pinnick: A cat with nine lives (36,511 views) Missing $150,000 IAAF Grant: Solomon Dalung’s Hide and Seek game (35,285 views) Sports Development: Zenith Bank on the zenith (34,397 views) Current issues in Nigerian sports: Matters arising (33,688 views) Gov. Abdullahi Ganduje’s solid footprints, commitment to sports development in Kano State (33,283 views) Commonwealth Games 2018: Shame of Muhammadu Buhari, Solomon Dalung (32,652 views) Second Term: Amaju Pinnick, Other NFF Heavyweights Home to Roost •How Pinnick Broke the Jinx (32,478 views) Olopade, BET9A wave of revolution in NNL (32,362 views) NFF Presidency: Pinnick, Maigari, Ogunjobi, Okoye in Battle for Supremacy (31,554 views) Ibrahimovic’s Man U exit: Whose decision is it? And in whose interest? (29,633 views) World Cup Friendlies: Eagles Beware! (28,826 views)

 

 


 

News Athletics (265) Basketball (125) Boxing (515) Columnists (342) Euro Soccer Update (3326) Fans Assembly (3) From the Grassroots (44) Golf (67) Interviews (14) Live Commentary (2) News (4352) NPL Glo Premier League (957) People and Places (22) Readers Parliament (5) Tennis (461)

 

 

Classic games

 

Phone numbers

Tel: +234(0)8066020976
+234(0)8055068145
+234(0)7013416146
+234(0)8094272884

Email addresses

info@dailysportsng.com
support@dailysportsng.com
publisher@dailysportsng.com

Office address

No 3, Adetoun Close, Off College Road, Ogba, Ikeja Lagos.
Website: www.dailysportsng.com

Social Media