FIFA Dispute Resolution & Legal Bodies 3 — Questions and Answers
Question 1: When a player and club agree to submit their dispute to a National Dispute Resolution Chamber (NDRC), what minimum standard must that NDRC meet to be recognized by FIFA?
- It must be funded exclusively by the national government
- It must guarantee equal representation of players and clubs (Correct answer)
- It must have at least five members appointed by the FIFA Players' Status Committee
- It must operate under Swiss procedural law
Correct answer: It must guarantee equal representation of players and clubs
FIFA's NDRC Standard Rules require that players and clubs have equal representation on the chamber to ensure impartiality.
Question 2: In an unresolved dispute between a US-based agent and a foreign club, which law applies to the agency contract if the contract is silent on governing law under the 2023 FFAR?
- FIFA Regulations serve as the primary source, supplemented by Swiss law (Correct answer)
- The law of the club's country automatically applies
- The law of the agent's country of domicile applies
- US federal law applies as the agent's home jurisdiction
Correct answer: FIFA Regulations serve as the primary source, supplemented by Swiss law
The 2023 FFAR provides that FIFA Regulations govern, with Swiss law as a subsidiary source where the regulations are silent, regardless of the parties' nationalities.
Question 3: What is the standard CAS deadline for filing an appeal against a FIFA decision, absent a different deadline specified in the relevant FIFA regulations?
- 7 days from notification
- 21 days from notification (Correct answer)
- 30 days from notification
- 60 days from notification
Correct answer: 21 days from notification
Article R49 of the CAS Code sets a 21-day appeal deadline from receipt of the full written decision, unless a specific FIFA regulation provides otherwise.
Question 4: Which sanction can FIFA impose on a member association that fails to enforce a CAS award against one of its affiliated clubs?
- Monetary fine only
- Suspension from FIFA competitions (Correct answer)
- Withdrawal of broadcasting rights
- Automatic demotion to lower division
Correct answer: Suspension from FIFA competitions
FIFA can suspend a member association from FIFA competitions if it fails to ensure compliance with CAS or FIFA rulings by its affiliated clubs.
Question 5: An agent seeks interim measures while a Football Tribunal case is pending. Which body can grant such provisional measures?
- Only state courts of the relevant jurisdiction
- The Football Tribunal itself or CAS on an expedited basis (Correct answer)
- The FIFA Ethics Committee
- The FIFA Council exclusively
Correct answer: The Football Tribunal itself or CAS on an expedited basis
The Football Tribunal may grant provisional measures in pending proceedings, and CAS offers an expedited procedure for interim relief in parallel or on appeal.
Question 6: Under the 2023 FFAR, what is the time limit within which a party must bring a contractual claim for unpaid agent fees before the Football Tribunal?
- 1 year from the date the payment was due
- 2 years from the date the payment was due (Correct answer)
- 3 years from the date the payment was due
- 5 years from the date the payment was due
Correct answer: 2 years from the date the payment was due
The 2023 FFAR specifies a two-year limitation period for contractual claims related to agent remuneration.
Question 7: Which principle requires that a player's right to seek legal redress before a competent authority cannot be contractually waived in FIFA dispute resolution?
- Lex sportiva supremacy
- Access to justice (right to a fair hearing) (Correct answer)
- Kompetenz-Kompetenz doctrine
- In dubio pro reo
Correct answer: Access to justice (right to a fair hearing)
FIFA Statutes and CAS jurisprudence protect a party's fundamental right to access a competent dispute resolution body, which cannot be surrendered by private contract.
FIFA Dispute Resolution & Legal Bodies 3
When a player and club agree to submit their dispute to a National Dispute Resolution Chamber (NDRC), what minimum standard must that NDRC meet to be recognized by FIFA?