Dispute Resolution & Legal Bodies Flashcards

A dispute arises between an agent licensed in the US and a club affiliated with a confederation other than CONCACAF. Which jurisdictional rule under the 2023 FFAR determines where to file?

Answer: The Football Tribunal has global jurisdiction over cross-border agent disputes

The Football Tribunal exercises global jurisdiction over cross-border disputes involving licensed agents under the 2023 FFAR, regardless of the parties' home associations.

What does the term 'lex sportiva' refer to in the context of CAS jurisprudence?

Answer: A body of transnational sporting rules and principles developed through CAS awards

Lex sportiva describes the body of general principles of sports law that CAS has developed through its arbitral awards, applicable across different sports and legal systems.

If a club refuses to pay a CAS-ordered compensation to a player, what mechanism allows FIFA to compel compliance?

Answer: FIFA instructs the relevant member association to impose a registration ban on the club

FIFA enforces CAS and PSC awards by instructing the national association to impose a registration ban, preventing the club from registering new players until payment is made.

In CAS arbitration, what is the default rule regarding the language of proceedings when the parties cannot agree?

Answer: The CAS President or panel decides the language

Under Article R29 of the CAS Code, if the parties cannot agree on the language, the President of the division or the panel decides, taking into account relevant circumstances.

Which FIFA body is responsible for opening disciplinary proceedings against a football agent who violates the FIFA Football Agent Regulations?

Answer: Football Tribunal — Disciplinary Chamber

Under the 2023 FFAR, disciplinary proceedings against agents for regulatory violations are handled by the Football Tribunal's Disciplinary Chamber.

A club and agent agree to refer their dispute to a private arbitrator outside FIFA structures. Is this valid under FIFA regulations?

Answer: No, FIFA regulations mandate use of FIFA or CAS dispute resolution bodies for licensed agents

FIFA regulations require that disputes involving licensed agents be submitted to the Football Tribunal or CAS; opting out to a private arbitrator is not permitted.

What is the key distinction between the FIFA Players' Status Committee and the FIFA Football Tribunal's Agents Chamber regarding subject-matter jurisdiction?

Answer: PSC handles player-club disputes; Agents Chamber handles agent-related contractual disputes

The PSC adjudicates employment and transfer disputes between players and clubs, while the Football Tribunal's Agents Chamber specifically handles contractual disputes involving football agents.