A Procedural Guide to FIFA Dispute Resolution

Headquartered in Zurich, Switzerland, the Fédération Internationale de Football Association (FIFA) is the international governing body of association football,[1] with 211 affiliated associations across the globe.[2] Among its objectives are the regulation and governance of all aspects of the game of football,[3] which it facilitates through the FIFA Statutes (which serve as the organisation’s constitution), as well as other rules and regulations.[4]

One such set of regulations issued by FIFA is the Regulations on the Status and Transfer of Players, which “lay down global and binding rules concerning the status of players, their eligibility to participate in organised football, and their transfer between clubs belonging to different associations.”[5] These Regulations have become increasingly important in recent years, as the number of international player transfers has boomed, with international transfer fees reaching a record high of USD 7.34 billion in 2023.[6] However, with player transfers ever on the rise, disputes between the parties involved in the transfers (i.e., players, clubs, agents, etc.) have also become more common.

These disputes and others, such as those between clubs and coaches, are handled by the FIFA Football Tribunal, as well as the Court of Arbitration for Sports, the procedures of which are discussed in detail below.

FIFA Football Tribunal

According to Article 22 of the Regulations on the Status and Transfer of Players, FIFA’s dispute resolution mechanism, the Football Tribunal, is competent to hear seven types of disputes:[7]

1. Disputes between clubs and players in relation to the maintenance of contractual stability where there has been an ITC request and a claim from an interested party in relation to said ITC request;
2. Employment-related disputes between a club and a player of an international dimension;
3. Employment-related disputes between a club or association and a coach of an international dimension;
4. Disputes relating to training compensation and the solidarity mechanism between clubs belonging to different associations;
5. Disputes relating to training compensation and solidarity between clubs belonging to the same association provided that the transfer of a player at the basis of the dispute occurs between clubs belonging to different associations;
6. Matters of legal or factual complexity in an Electronic Player Passport (EPP) review process;
7. Disputes between clubs belonging to different associations that do not fall within categories (1), (4), (5) or (6).

However, parties may expressly opt out of FIFA’s jurisdiction for employment-related disputes in favour of a national dispute resolution chamber (NDRC) that has been officially recognised by FIFA in accordance with the National Dispute Resolution Chamber Recognition Principles. Such a jurisdiction clause must be exclusive and included either directly in the contract between the parties or in a collective bargaining agreement.[8]

The Football Tribunal consists of three chambers: the Dispute Resolution Chamber (DRC), the Players’ Status Chamber (PSC) and the Agents Chamber (AC).[9]

Dispute Resolution Chamber (DRC): The DRC is composed of a chairperson and two deputy chairpersons proposed by FIFA, 15 player representatives proposed by players’ associations and 15 club representatives proposed by member associations, clubs and leagues.[10] It adjudicates disputes between players and associations, disputes related to training compensation and solidarity between clubs, and disputes concerning the EPP review process.[11]

Players’ Status Committee (PSC): The PSC is composed of a chairperson, a deputy chairperson and the necessary number of members as decided by the FIFA Council, currently 29 members.[12] It adjudicates international disputes between clubs or associations and coaches and other disputes between clubs belonging to different associations that do not fall within another relevant category.[13]

Agents Chamber (AC): The AC is composed of a chairperson, one deputy chairperson and the necessary number of members as decided by the FIFA Council, currently 24 members.[14] The AC resolves disputes involving Football Agents in relation to Representation Agreements with an international dimension.[15]

The chairpersons, deputy chairpersons and members of each chamber are appointed for four years by the FIFA Council. The chairpersons and deputy chairpersons have legal qualifications, while members have professional legal backgrounds with relevant football experience.[16]

Like other arbitrators, the members of the Football Tribunal must avoid conflicts of interest, disclose any potential issues, and can be challenged if their impartiality is in doubt.[17]

In their adjudication of disputes, the three chambers apply the FIFA Statutes and FIFA regulations whilst taking into account all relevant arrangements, laws and/or collective bargaining agreements that exist at the national level, as well as the specificity of the sport.[18]

Dispute Resolution Procedure

When bringing a dispute before the Football Tribunal, a party must follow the procedures outlined in the Procedural Rules Governing the Football Tribunal. These procedures are outlined below:

Initiating a Dispute

When initiating a dispute, a party must file a claim with the FIFA general secretariat via the FIFA Legal Portal. This claim must be filed within two years of the event giving rise to the dispute and must include the following information:[19]

1. The name, email addresses and postal addresses for notification of the party;
2. The name, email addresses and postal addresses for notification of any authorised representative, and a copy of a written, specific and recent power of attorney;
3. The identity and addresses for service of the respondents;
4. A statement of claim, setting out full written arguments in fact and law, the full body of evidence, and requests for relief;
5. The details of a bank account registered in the name of the claimant on a signed copy of the Bank Account Registration Form;
6. The date and a valid signature; and
7. Proof of payment of the advance on costs (if applicable).

A claim and other submissions may only be made in English, Spanish or French. Submissions in any other language will be disregarded.[20]

The FIFA general secretariat will assess whether the claim is complete and, if so, absent any prima facie complex facts or legal issues, or in cases where there is clear established jurisprudence, the general secretariat may make a proposal to finalise the matter without a decision by a chamber.[21] The parties must then accept or reject the proposal within the time limit granted by the general secretariat.[22]

Submission Phase

If the general secretariat’s proposal to the parties is rejected, or in cases with complex issues, the general secretariat will then request that the respondents submit their response to the claim along with any counterclaims, to which the claimant must reply.[23] Whether or not there will be a second round of submissions is a matter of the general secretariat’s discretion.[24]

With their submissions, the parties may produce any type of evidence, though the weight to be given to such evidence is up to the discretion of the relevant chamber. All evidence must be filed in the original language and, if applicable, translated into English, Spanish or French.[25]

The general secretariat will notify the parties of the closure of the submission phase of the procedure, after which the parties may not supplement or amend their submissions or requests for relief or produce new evidence, though the general secretariat and/or the relevant chamber may request additional information or documentation at any time.[26]

Adjudication

In procedures before the DRC, where the relief requested is lower than USD 200,000, a single judge may adjudicate the dispute. Where the relief requested is equal to or higher than USD 200,000 or the matter is legally complex, at least three judges may decide the case, chaired by the chairperson or deputy chairperson of the DRC.[27]

Procedures before the PSC and the AC operate in a similar manner, though without the USD 200,000 threshold: a single judge will generally adjudicate unless the matter is legally complex, in which case at least three judges may decide the case.[28]

Typically, the chambers make their decisions based on the written file alone. In exceptional circumstances, however, a chairperson may decide to hold an oral hearing, which may take place electronically or in person.[29] When deciding, a chamber may consider and rely on any evidence, including evidence not produced by the parties,[30] and decisions are made by a simple majority, with the chairperson casting the deciding vote in case of a tie.[31]

Notification

Parties will be notified directly of the chamber’s decision, which will enter into force immediately upon notification.[32]

In most cases, except those immediately imposing sporting sanctions against a party, parties will only be notified of the operative part of the decision. Parties will then have ten calendar days from the date of notification to request the grounds of the decision. Failure to do so will result in the decision becoming final and binding and will be considered a waiver of the right to file an appeal.[33]

Obvious mistakes in decisions and procedural errors discovered after a decision is rendered may be corrected ex officio by the chamber or on application by a party. When this occurs, the time limits will commence from the time of notification of the rectified decision.[34]

Costs

Procedures before the Football Tribunal are free of charge where at least one of the parties is a player, coach, football agent or match agent, but procedural costs are payable in all other types of disputes.[35]

An advance of costs is payable by the claimant or counter-claimant for proceedings before the PSC only, as laid out in the table below:[36]

Procedural costs are payable on order of the relevant chamber, at the conclusion of the matter, in the amounts defined in the table below:[37]

The chamber will decide the amount that each party is due to pay, in consideration of the parties’ degree of success and their conduct during the procedure, as well as any advance paid. However, a party that has been ordered to pay procedural costs is only obliged to do so where it requests the grounds of the decision after having been notified of the operative part, or the decision has been notified directly with grounds. Procedural costs must be paid within ten days from the notification of the decision.[38]

Each party bears its own legal costs in connection with any Football Tribunal procedure.[39]

Court of Arbitration for Sport

Appeals against final decisions of the Football Tribunal must be lodged with the Court of Arbitration for Sport (CAS), located in Lausanne, Switzerland.[40] The CAS Code of Sports-related Arbitration (CAS Code) will govern the appeal procedure before the CAS, while applicable substantive law will primarily be the various regulations of FIFA and, additionally, Swiss law.[41] CAS arbitrations are typically decided by a panel of three arbitrators unless the parties agree or the President of the CAS Appeals Division considers that the appeal should be submitted to a sole arbitrator.[42]

The appeal will not have a suspensive effect unless the relevant chamber or the CAS orders otherwise.[43]

Initiating an Appeal

In order to file an appeal, the appellant must submit a statement of appeal to CAS, containing:[44]

1. The name and full address of the respondents;
2. A copy of the decision appealed against;
3. The appellant’s request for relief;
4. The nomination of the arbitrator chosen by the appellant from the relevant CAS list of arbitrators, unless the appellant requests the appointment of a sole arbitrator;
5. An application to stay the execution of the decision appealed against with reasons (if applicable); and
6. A copy of the provisions of the statutes or regulations or the specific agreement providing for appeal to CAS.

Nomination of Arbitrators

Within ten days following the expiry of the time limit for the appeal, the appellant must then file with the CAS Court Office an appeal brief stating the facts and legal arguments giving rise to the appeal, together with exhibits, including witness statements and specification of other evidence upon which it intends to rely. In the alternative, the appellant may inform the Court Office that its statement of appeal shall be considered as the appeal brief.[45]

Unless the appeal is to be submitted to a sole arbitrator, the respondent must then nominate an arbitrator within ten days of receiving the statement of appeal.[46] The President of the Appeals Division will then appoint the president of the arbitral panel after having consulted the party-nominated arbitrators.[47] If the appeal is to be heard by a sole arbitrator, the President of the Appeals Division shall appoint the sole arbitrator.[48]

Submissions and Hearing

Within twenty days from receipt of the statement of appeal, the respondent must then submit an answer containing:[49]

1. A statement of defence;
2. Any defence of lack of jurisdiction;
3. Any exhibits or specification of other evidence upon which the respondent intends to rely;
4. The names of any witnesses and the witness statements, if any;
5. The names of any experts it intends to call, stating their area of expertise, and any other evidentiary measure which it requests.

When a party objects to CAS jurisdiction, the arbitral panel will invite both parties to file written submissions on the matter, and will then rule on its jurisdiction either in a preliminary decision or in an award on the merits.[50]

Unless the parties agree or the president of the arbitral panel orders otherwise, the parties will not be allowed to supplement or amend their requests or arguments, produce new exhibits or specify further evidence after the submission of the appeal brief and the answer.[51] The arbitral panel has discretion on whether to hold a hearing, based on whether it deems itself to be sufficiently well-informed.

Award

Following the hearing, if any, the award will then be rendered by a majority decision of the panel, or absent a majority decision, by the president of the panel. The award will state brief reasons, but the panel may decide to communicate the operative part of the award to the parties prior to the reasons. In any case, the award shall be enforceable from such notification of the operative part, which must take place within three months after the transfer of the parties’ file to the panel.[52]

A party may apply, no later than 45 days from notification of the award, to the CAS for interpretation of the award, if the operative part is unclear, incomplete or ambiguous, if its components are contradictory or contrary to the reasons, or if the award contains clerical mistakes or mathematical miscalculations. The panel will then rule on the request within one month.[53]

The award is final and binding on the parties subject only to the recourse available in certain circumstances pursuant to Swiss Law within thirty days from the notification of the award.[54]

Costs

Upon filing its statement of appeal, the claimant must pay a non-refundable fee of CHF 1,000.[55] Upon formation of the arbitral panel, the CAS Court Office will fix the amount, method and time limits for the payment of the advance on costs, subject to later changes. The parties must pay the advance in equal shares, though one party may substitute for another.[56]

In the arbitral award, the panel will determine in what proportion the parties shall bear the arbitration costs. The panel may also grant the prevailing party a contribution towards its legal fees and other expenses, taking into account the complexity and outcome of the proceedings, as well as the conduct and financial resources of the parties.[57]

Case Example

An example of a case brought before the FIFA DRC and appealed at the CAS is that of Samsunspor Futbol Kulübü A. Ş. v. Alen Melunović,[58] which was decided by the CAS on 30 October 2023. This case concerned a dispute between a Turkish professional football club, Samsunspor Futbol Kulübü A. Ş. (the Club), and a Serbian professional football player, Alen Melunović (the Player), over the termination of Mr. Melunović’s employment contract following an injury.

On 3 March 2022, Mr. Melunović filed a claim with the DRC, requesting that he be awarded outstanding remuneration and compensation for the Club’s breach of contract without just cause. The Club, on the other hand, argued that it had just cause when terminating the contract due to several breaches by Mr. Melunović and that there were no outstanding payments due to him.

On 21 April 2022, the DRC rendered a decision partially accepting Mr. Melunović’s claims, and ordering the Club to pay him certain sums as outstanding remuneration and compensation for breach of contract without just cause, plus interest. The grounds of the decision were then communicated to the parties on 5 May 2022, in which the DRC indicated that it found that the Club’s termination of Mr. Melunović was excessive and disproportionate.

On 20 May 2022, the Club filed a Statement of Appeal with the CAS against the DRC’s decision. The dispute was heard by a sole arbitrator, who, following the parties’ submissions and a hearing, issued an award partially setting aside the DRC’s decision to the extent that the sole arbitrator considered the quantum of the compensation due to Mr. Melunović to be improperly calculated.

Conclusion

The FIFA Football Tribunal and the Court of Arbitration for Sports play a crucial role in maintaining the integrity and fairness of the football world. By providing a structured and efficient mechanism for resolving disputes, these chambers help uphold the principles of justice and transparency within the sport. Their processes ensure that players, clubs, and associations have a reliable avenue for addressing grievances, thereby promoting a more harmonious football environment. As the landscape of football continues to evolve, the importance of effective dispute resolution cannot be overstated, ensuring that the beautiful game remains equitable for all stakeholders involved.

[1] FIFA Statutes, Article 1 (Name and Headquarters).

[2] Member Associations, https://inside.fifa.com/about-fifa/associations (last accessed 2 October 2024).

[3] FIFA Statutes, Article 2 (Objectives).

[4] FIFA Statutes, Article 2(d) (Objectives).

[5] Regulations on the Status and Transfer of Players, Article 1 (Scope).

[6] International Transfer Snapshot, 2024,  https://inside.fifa.com/legal/football-regulatory/international-transfer-snapshot (last accessed 2 October 2024).

[7] Regulations on the Status and Transfer of Players, Article 22 (Competence of FIFA).

[8] Regulations on the Status and Transfer of Players, Article 22 (Competence of FIFA).

[9] FIFA Governance Regulations, Article 37 (Football Tribunal).

[10] Procedural Rules Governing the Football Tribunal, Article 4(3) (Composition).

[11] Regulations on the Status and Transfer of Players, Article 23(1) (Football Tribunal).

[12] Procedural Rules Governing the Football Tribunal, Article 4(4) (Composition).

[13] Regulations on the Status and Transfer of Players, Article 23(2) (Football Tribunal).

[14] Procedural Rules Governing the Football Tribunal, Article 4(5) (Composition); Agents Chamber, https://inside.fifa.com/legal/football-regulatory/agents/agents-chamber (last accessed 2 October 2024).

[15] Agents Chamber, https://inside.fifa.com/legal/football-regulatory/agents/agents-chamber (last accessed 2 October 2024).

[16] Procedural Rules Governing the Football Tribunal, Article 4(2) (Composition).

[17] Procedural Rules Governing the Football Tribunal, Article 5 (Independence and conflict of interest).

[18] Procedural Rules Governing the Football Tribunal, Article 3 (Applicable law).

[19]  Procedural Rules Governing the Football Tribunal, Articles 18 (Claims); Regulations on the Status and Transfer of Players, 23 (Football Tribunal).

[20] Procedural Rules Governing the Football Tribunal, Article 13 (Submissions and evidence).

[21] Procedural Rules Governing the Football Tribunal, Article 20 (Proposal from the FIFA general secretariat).

[22] Procedural Rules Governing the Football Tribunal, Article 20 (Proposal from the FIFA general secretariat).

[23] Procedural Rules Governing the Football Tribunal, Article 21 (Response to the claim and counterclaim).

[24] Procedural Rules Governing the Football Tribunal, Article 22 (Second round of submissions).

[25] Procedural Rules Governing the Football Tribunal, Article 13 (Submissions and evidence).

[26] Procedural Rules Governing the Football Tribunal, Article 23 (Closure of submission phase).

[27] Procedural Rules Governing the Football Tribunal, Article 24 (Adjudication).

[28] Procedural Rules Governing the Football Tribunal, Article 24 (Adjudication).

[29] Procedural Rules Governing the Football Tribunal, Article 14 (Meetings and deliberations).

[30] Procedural Rules Governing the Football Tribunal, Article 13 (Submissions and evidence).

[31] Procedural Rules Governing the Football Tribunal, Article 14 (Meetings and deliberations).

[32] Procedural Rules Governing the Football Tribunal, Article 15 (Notification).

[33] Procedural Rules Governing the Football Tribunal, Article 15 (Notification).

[34] Procedural Rules Governing the Football Tribunal, Article 15 (Notification).

[35] Procedural Rules Governing the Football Tribunal, Article 25 (Costs).

[36] Procedural Rules Governing the Football Tribunal, Article 25 (Costs); Annex 1.

[37] Procedural Rules Governing the Football Tribunal, Article 25 (Costs); Annex 1.

[38] Procedural Rules Governing the Football Tribunal, Article 25 (Costs).

[39] Procedural Rules Governing the Football Tribunal, Article 25 (Costs).

[40] FIFA Statutes, Articles 49 (Court of Arbitration for Sport (CAS)), 50 (Jurisdiction of CAS).

[41] FIFA Statutes, Articles 49 (Court of Arbitration for Sport (CAS)).

[42] Code of Sports-related Arbitration, Rule 53 (Nomination of Arbitrator by the Respondent); Rule 54 (Appointment of the Sole Arbitrator or of the President and Confirmation of the Arbitrators by CAS).

[43] FIFA Statutes, 50 (Jurisdiction of CAS).

[44] Code of Sports-related Arbitration, Rule 48 (Statement of Appeal).

[45] Code of Sports-related Arbitration, Rule 51 (Appeal Brief).

[46] Code of Sports-related Arbitration, Rule 53 (Nomination of Arbitrator by the Respondent).

[47] Code of Sports-related Arbitration, Rule 54 (Appointment of the Sole Arbitrator or of the President and Confirmation of the Arbitrators by CAS).

[48] Code of Sports-related Arbitration, Rule 54 (Appointment of the Sole Arbitrator or of the President and Confirmation of the Arbitrators by CAS).

[49] Code of Sports-related Arbitration, Rule 55 (Answer of the Respondent – CAS Jurisdiction).

[50] Code of Sports-related Arbitration, Rule 55 (Answer of the Respondent – CAS Jurisdiction).

[51] Code of Sports-related Arbitration, Rule 56 (Appeal and answer complete – Case Management – Conciliation).

[52] Code of Sports-related Arbitration, Rule 59 (Award).

[53] Code of Sports-related Arbitration, Rule 63 (Interpretation).

[54] Code of Sports-related Arbitration, Rule 59 (Award).

[55] Code of Sports-related Arbitration, Rule 64.1 (Costs of the Arbitration Proceedings – General).

[56] Code of Sports-related Arbitration, Rule 64.2 (Costs of the Arbitration Proceedings – General).

[57] Code of Sports-related Arbitration, Rule 64.5 (Costs of the Arbitration Proceedings – General).

[58] CAS 2022/A/8890 Samsunspor Futbol Kulübü A. Ş. v. Alen Melunović.