Guide To Submitting Claims Before The Football Tribunal - v4 - EN

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GUIDE TO

submitting claims before


the Football Tribunal
JULY 2023
Fédération Internationale de Football Association

President: Gianni Infantino


Secretary General: Fatma Samoura
Address: FIFA
FIFA-Strasse 20
P.O. Box
8044 Zurich
Switzerland
Telephone: +41 (0)43 222 7777
Internet: FIFA.com
3

TABLE OF CONTENTS
01.
INTRODUCTION 4
04.
FREQUENTLY ASKED
QUESTIONS  19

02.
PROCESS7 05.
CONTACT  25

03.
DOCUMENTATION14

Table of Contents
01.
INTRODUCTION
5

According to art. 54 of the FIFA Statutes (Statutes), the Football Tribunal shall pass
decisions relating to football-related disputes and regulatory applications.

The Football Tribunal is composed of three chambers:

• the Dispute Resolution Chamber (DRC);

• the Players’ Status Chamber (PSC); and

• the Agents Chamber (AC).

The functions and procedures of the Football Tribunal are governed by the Procedural
Rules Governing the Football Tribunal (Procedural Rules), as issued by the FIFA Council.
The competence of the DRC and PSC of the Football Tribunal is set by the FIFA Regulations
on the Status and Transfer of Players (RSTP), whereas the jurisdiction of the Agents
Chamber is established by the FIFA Football Agent Regulations (FFAR).

In particular, art. 22 and 23 par. 1 of the RSTP stipulates that the DRC has jurisdiction
to hear:

• Disputes between clubs and players in relation to the maintenance of contractual


stability where there has been a request for the International Transfer Certificate
(ITC) and a claim from an interested party in relation to said ITC request, in particular
regarding the issue of the ITC, sporting sanctions or compensation for breach of
contract; and

• Employment-related disputes between clubs and players of an international


dimension (cf. art. 22 par. 1 lit. b) of the RSTP). Such disputes may, for instance,
concern the payment of overdue payables due to a player or a club by the respective
contractual counterparty, or the lawfulness of a contractual termination between a
club and a player.

Furthermore, in accordance with art. 22 and art. 23 par. 2 of the RSTP, the PSC has
jurisdiction to hear:

• Employment-related disputes between a club or an association and a coach of an


international dimension (cf. art. 22 par. 1 lit. c) of the RSTP). Such disputes may,
for instance, concern the payment of overdue payables due to a coach or a club or
member association under the respective employment contract, or the lawfulness of
a contractual termination between a club or member association and a coach; and

• Disputes between clubs belonging to different member associations, whereas


such dispute does not fall within the category of training compensation, solidarity
mechanism or the issuance of an ITC (cf. art. 22 par. 1 lit. g) of the RSTP). Such disputes
may, for instance, concern the payment of amounts such as transfer fees which have
been contractually stipulated between two clubs.

Lastly, in accordance with art. 20 of the FFAR, the AC has jurisdiction to determine
Introduction

disputes:

• Arising out of, or in connection with a Representation Agreement with an international


dimension (cf. art. 2 par. 2 of the FFAR);
01. 
6

• Where a claim is lodged in accordance with the Procedural Rules Governing the
Football Tribunal; and

• Where no more than two years have elapsed from the event giving rise to the
dispute, whereas the application of this time limit shall be examined ex officio in
each case.

• Where the Representation Agreement has been signed on or after 1 October 2023.

Against this background, the present guide provides an outline of the following key
issues:

• The administrative process applicable to employment-related and contractual


disputes claims presented before the Football Tribunal;

• Guidance regarding documents submitted to the Football Tribunal;

• Frequently asked questions, with reference to the Procedural Rules; and

• Directions to submitting a claim before the Football Tribunal and contacting FIFA
regarding the relevant procedures.

For guidance on other matters not listed above (e.g., training compensation, solidarity
mechanism, EPPs, registration and eligibility or football agents), please be referred to
other documents available at legal.fifa.com, such as:

• Protection of Minors: Guide to Submitting a Minor Application

• Guide to Submitting a Request for Eligibility or Change of Association

• Commentary on the Rules Governing Eligibility to Play for Representative Teams

• FIFA Clearing House – Regulations and Explanatory Notes

• FIFA Football Agent Regulations - Regulations, Explanatory Notes and FAQs

While the FIFA administration is responsible for managing the case file, only the
Football Tribunal is competent to render a decision based on the circumstances of each
claim. Therefore, this guide is intended to guide parties through the administrative
process of a claim before the Football Tribunal, while it cannot provide any insight on
the merits of possible disputes.
02.
PROCESS
8

1. SUBMISSION OF THE CLAIM (ART. 18 PAR. 1 OF THE




PROCEDURAL RULES)
The first step towards resolving an employment-related or contractual dispute before
the Football Tribunal is submitting a claim to the FIFA administration. In this respect,
art. 18 par. 1 of the Procedural Rules sets out the specific formalities which must be
satisfied before a claim is considered complete and is notified to the counterparty:

a. the name, postal address(es) and e-mail address(es) of the claimant, for the
purposes of creation of the Football ID and exchange of correspondences;

b. (if applicable) the name, postal address(es) and e-mail address(es) of a legal
representative authorised to represent the claimant, as well as a signed, specific
and recent (i.e., not older than six months) power of attorney;

c. the identity and full address(es) of the respondent, for the purposes of notifying
the claim;

d. a detailed representation of the case, summarising the facts and presenting the
relevant legal argument, the evidence relied upon, and the request for relief, as well
as specifying the amount in dispute, breaking said amount down into its specific
components, their currency, their contractual basis and which period of time they
correspond to;

e. the details of a bank account registered in the name of the claimant, on a signed
copy of the Bank Account Registration Form;

f. the date and a valid signature;

g. (in claims between two clubs) pursuant to art. 25 par. 3 and art. 1 and 3 of Annexe 1
of the Procedural Rules, proof of payment of the advance of costs for proceedings
before the PSC.

The claim, including all relevant annexes, must be uploaded onto the FIFA Legal Portal
(cf. art. 10 and 18 of the Procedural Rules) in English, Spanish, or French (cf. art. 13 par.
1 of the Procedural Rules).
9

FIFA Legal Portal

The claim, including all relevant annexes, must be uploaded onto the Legal Portal in
a PDF file or in one of the other supported file types.

• Parties before the Football Tribunal and their corresponding legal representatives
are invited to register and access the Legal Portal directly.

• In case any of any technical problem or difficulty with accessing the Legal Portal,
please contact the FIFA Legal Portal Helpdesk, the Players’ Status Department
and/or the Agents Department immediately.

• Communications pertaining cases


before the Football Tribunal shall
be exclusively sent via the Legal
Portal. Communication via any other
means, including email, shall not be
taken into consideration, and will be
disregarded.

• For further information regarding the


registration and main functionalities
of the Legal Portal, please be referred
to Legal Portal – User Manual.

In accordance with FIFA Circular No. 1842, parties are required


to create an account in the Legal Portal and strongly encouraged
to use the same contact address included in the TMS, so that it
matches the information in the relevant pre-existing database.
Only one user per party (including clubs and member associations) or legal
representative can be recorded in the system.
If the parties have chosen not to use the e-mail indicated in TMS, they must inform
FIFA proactively. Otherwise, and to their detriment, the ability to access the case
file within the Legal Portal will be constrained.
Should the parties wish to change their user (i.e. the e-mail of registration) in the
Legal Portal, a request shall be filed with the FIFA administration via the FIFA Legal
Portal Helpdesk.
Process

02. 
10

2. REVIEW BY THE FIFA ADMINISTRATION


Upon receipt by the FIFA administration, the claim is assigned to a FIFA legal counsel
who will be responsible for reviewing the information and the documentation
submitted.

During the review, the FIFA administration may request additional information
and/or documentation in order to supplement the initial request. The claimant
must then submit their response, along with the requested information and/
or documentation via the Legal Portal within the timeframe established by the
administration.

Should a party fail to comply with the FIFA administration’s request and not submit the
requested documents within the stipulated timeframe, the petition shall be deemed
incomplete, and the proceeding will be closed.

A new claim may be submitted to the FIFA administration in accordance with art. 18
par. 1 of the Procedural Rules, which will be evaluated separately, in accordance with
the applicable version of the regulations, and provided that said new claim is not time-
barred (cf. art. 23 par. 3 of the RSTP; or art. 20 par. 1 c) of the FFAR).

Following the initial review of the claim, the administration will proceed in one of three
ways:

2.1 Preliminary Decision (art. 19 of the Procedural Rules)


During the initial stage of a claim, preliminary procedural matters may affect whether
or not a decision may potentially be rendered by the Football Tribunal in the relevant
matter.

In this respect, pursuant to art. 19 par. 1 of the Procedural Rules, the FIFA administration
will assess whether:

a. The relevant chamber obviously does not have jurisdiction; and/or

b. the claim is obviously time-barred.

Following such assessment, the administration may refer the matter to the chairperson
of the relevant chamber for an expedited decision.

In this scenario and before the involvement of the respondent, information will be
provided to the claimant regarding the submission to an expedited decision, as well
as the deciding-member and date concerned.
11

Consequences of referring the case to an expedited decision

If obviously affected by preliminary If not obviously affected by preliminary


procedural matters procedural matters

The expedited decision constitutes a The chairperson of the relevant chamber


final decision by the Football Tribunal, shall order the FIFA administration to
subject to the provisions of art. 15 of continue the procedure (cf. art. 19, par.
the Procedural Rules. 3 of the Procedural Rules).

Such a conclusion does not constitute


an acceptance of admissibility
and/or jurisdiction of FIFA, which shall be
reanalysed by the competent chamber in
due course and upon completion of the
submission-phase.

2.2 Proposal by the FIFA administration


In disputes without prima facie complex facts or legal issues, or in cases where there
is clear, established jurisprudence, the FIFA administration may make a proposal to
finalise the matter without the case being adjudicated upon by the relevant chamber
of the Football Tribunal (cf. art. 20 of the Procedural Rules).

Consequences of issuing a proposal

If accepted or not rejected by the


If rejected by any of the parties
parties

The proposal will be confirmed by The FIFA administration will continue


the FIFA administration and such the procedure.
confirmation letter constitutes a final
and binding decision by the Football
Tribunal (cf. art. 8, par. 2 and 20, par. 4
of the Procedural Rules).

Where a proposal is rejected, the respondent(s) must submit their response to the
claim – and a potential counterclaim – within the time limit indicated in the proposal.
Process

02. 
12

2.3 Cases not requiring an expedited decision or no proposal was


made
In all other cases, the FIFA administration will notify the claim, including all the enclosed
annexes, to the respondent(s) and request their response to the claim within the time-
limit granted. If the respondent(s) fail(s) to submit a response to the claim within the
time-limit, a decision will be made based on the file.

Respondent(s) may submit a counterclaim with their response to the claim. A


counterclaim shall have the same form and match the same requirements of a claim
and shall be submitted within the same time limit established for the response to the
claim (cf. art. 21 of the Procedural Rules).

The FIFA administration will decide, where appropriate and depending on the
complexity of the case, whether there shall be a second round of submissions.

3. CLOSURE OF THE SUBMISSION PHASE


Once the parties have submitted their arguments and accompanying documents, the
FIFA administration will notify the closure of the submission phase of the procedure.
After such notification, the parties may not supplement or amend their submissions
or request for relief, or produce new evidence.

The FIFA administration and/or the respective chamber reserve the right to request
additional information or documentation at any time within the scope of a procedure.

Following the closure of the investigation, the parties will be informed of the submission
of the matter for consideration and a formal decision to the relevant chamber of the
Football Tribunal. Such notification will include the date of decision and the deciding
panel and/or Single Judge (cf. art. 24 of the Procedural Rules).

Once the composition of the chamber is notified, in case there is a legitimate doubt
as to their impartiality, the parties have the right to challenge the relevant panel or
the Single Judge. Such challenge shall be duly motivated, as well as filed within the
regulatory time limit of 5 calendar days (cf. art. 5 of the Procedural Rules). It must be
noted that nationality does not constitute grounds for a challenge.

If mediation is successful, a settlement agreement will be signed by the parties and


ratified by the mediator and the chairperson of the respective chamber. The settlement
agreement shall be considered a final and binding decision of the Football Tribunal.
13

4. MEDIATION
In accordance with art. 26 of the Procedural Rules and the FIFA Mediation Guidelines,
parties can agree to mediate their dispute or difference.

This alternative dispute resolution


mechanism aims to maintain the
relationships between different
members of the football family whilst
providing an efficient solution to their
controversies. Since the implementation
of FIFA Mediation, an increasing number
of cases under the competence of the
Football Tribunal are being resolved via
mediation.

Mediation is a voluntary process and


free of charge, which is through the
mediators recognised by a list approved
by the FIFA administration. FIFA
Mediation can take place at any time
during proceedings up until a decision is
rendered by a chamber of the Football
Tribunal, and it does not suspend the
contentious proceedings.

Process

02. 
14

5. DECISION BY THE FOOTBALL TRIBUNAL


In accordance with art. 24 of the Procedural Rules, the relevant chamber will analyse
the case and inform the FIFA administration of its decision.

The deliberations between the members of the respective chamber may be held
electronically or in-person and are entirely confidential (cf. art. 14 par. 2 of the
Procedural Rules).

When submitted to a panel, the decisions passed by the Football Tribunal can be
taken in unanimity or by simple majority. The chairperson of each chamber and their
deputies shall have the casting vote, if necessary (cf. art. 14 par. 3 of the Procedural
Rules).
15

6. OPERATIVE PART OF THE DECISION RENDERED BY THE




FOOTBALL TRIBUNAL
In accordance with art. 15 par. 4 of the Procedural Rules, as a general principle, a party
shall only be notified of the operative part of the decision.

Such notification will be legally notified to the concerned parties via the Legal Portal.
Where a party is a club, a copy shall be notified to the member association and
confederation to which it is affiliated.

The operative part of the decision shall state:

• Where the jurisdiction of the Football Tribunal or the admissibility of the claim has
been contested by one party and/or was analysed ex officio by the member(s) of
the relevant chamber, the findings will specify whether the claim is admissible or
FIFA is competent to deal with the matter;

• whether the claim is “accepted”, “partially accepted” or “rejected” as to its substance;

• whether any regulatory sanctions have been imposed on the parties;

• whether any procedural costs have been imposed on the parties;

• the consequences of non-compliance with the decision.

Depending on the particularities of a case, the findings of the decision may include
other relevant information.

Lastly, decisions imposing sporting sanctions against a party shall be communicated


immediately, with the grounds of the decision enclosed.

7. GROUNDS OF THE DECISION RENDERED BY THE




FOOTBALL TRIBUNAL
Should any of the parties wish to receive the grounds of the decision, a written request
must be submitted within ten days of receipt of notification of the operative part of
the decision. Failure to do so within the stated deadline will result in the decision
becoming final and binding and the parties being deemed to have waived their rights
to file an appeal.

When procedural costs are ordered (cf. art. 25 of the Procedural Rules), the grounds of
the decision will only be notified (a) to the party requesting the grounds; and (b) upon
confirmation of payment of the relevant procedural costs, if any.

It is the burden of the party requesting the grounds of the decision to also demonstrate
that its share of the procedural costs, if any, has been paid within the same 10 days of
the notification of the operative part of the decision (art. 25 par. 7 of the Procedural
Rules). Failure to do so will also result in the request for the grounds being withdrawn.
Process

As a result, the decision will also become final and binding and the relevant party will
be deemed to have waived their right to file an appeal.

02. 
16

No costs shall be charged if a party decides not to ask for the grounds of the decision
and, where applicable, the advance of costs will be reimbursed to the relevant party.

The decisions of the Football Tribunal notified with grounds and the awards of the
Court of Arbitration of Sport (CAS) which derive from appeals against decisions of the
Football Tribunal are published on legal.fifa.com.

Parties may request, within five days of the notification of the grounds of the decision,
that FIFA publishes an anonymised or redacted version of said decision (cf. art. 17 par.
2 of the Procedural Rules).

Notification
Decision
of the decision

Were procedural
No Yes
costs ordered?

Requirements Written Payment


for the issuance Written request request for of the
of the grounds to be
complied within
for the grounds by any the grounds procedural
the regulatory time of the parties by any of costs,
limit of 10 days the parties if any

Only the party who


Party receiving All the parties requested the grounds
the grounds involved and paid its share
of procedural costs, if any

8. APPEAL TO THE COURT OF ARBITRATION OF SPORT


(CAS)
According to art. 57 par. 1 of the FIFA Statutes, the decision of the Football Tribunal
may be appealed before CAS within 21 days of the notification of the grounds of the
decision.

Any appeal and/or correspondences regarding such proceedings shall be directly


submitted to CAS and will be subject to its rules.
17

9. ENFORCEMENT OF DECISIONS RENDERED BY THE




FOOTBALL TRIBUNAL
Where the Football Tribunal orders a party to pay another party, if full payment of the
awarded amount is not made within the deadline included in the decision, the creditor
of said amount may request the enforcement of the consequences of non-compliance
against the debtor in accordance with the abovementioned provisions.

Any requests for enforcement of a decision shall be communicated directly to the FIFA
Disciplinary Committee, by lodging a request for execution via the Legal Portal.

Process

02. 
03.
DOCUMENTATION
19

Throughout proceedings before the Football Tribunal, it is important for parties to


ensure that the documentation submitted conforms with the requirements set by the
Procedural Rules, as well as satisfying certain standards that facilitate the processing
of each respective claim.

CUMULATIVE
REQUIREMENTS COMMENTS

The statement of claim shall allow the correct and complete


identification of the parties concerned and their respective
contact addresses, including:

Complete name;

Email address(es);
Identification
of the parties Postal address(es), including city, country, and postal code;

If a natural person, confirmation of the nationality.

Any other elements helping the correct identification of the


parties concerned are recommended (e.g., TMS ID, Football
ID, birth date).

If a party is represented, they shall also provide a written


authorization (e.g., Power of Attorney, Mandate).
Representation
Such document must be specific (i.e., authorising the
(Mandate / Power
representative to act on their behalf in the relevant matter),
of Attorney)
as well as dated and recently signed (i.e., within the last six
months).

The Bank Account Registration Form (BARF) is mandatory and


shall be issued in the name of the claimant / counterclaimant
only. The only exception is this regard is the bank account
being jointly held by a third party.
Bank Account
Registration Form BARFs issued in the name of legal representatives, football
agents, family members, managers or any second person
different than the claimant / counterclaimant are not
accepted due to compliance reasons.
Documentation

03. 
20

In addition, the BARF shall include all the mandatory


information listed, as follows:

• the name of the claimant or counterclaimant: it must


match the name of the beneficiary of the bank account.
In case of disputes involving clubs, the “name of the
claimant” shall be the name of the club and not of its
representative signing the document. Exclusively for
agents, the name shall correspond to either the name of
the Match Agent or Football Agent as a natural person or
their company.

• the full address of the beneficiary: including at least the


city, the postal code and the country;

• the correct bank account details: either the bank account


number or IBAN, and where applicable, SWIFT;

Beyond complete, the BARF shall also be dated and signed


by the party concerned.

The statement of claim shall include a detailed representation


of the case, setting out full written arguments in fact and law,
the full body of evidence, and requests for relief

• Language of submissions: submissions to FIFA must be


in either English, Spanish, or French. Any submission to
FIFA not made in one of the aforementioned languages
will be disregarded;

• Translations: documents in languages different than


English, Spanish, and French shall be submitted together
with the relevant translation to one of the aforementioned
languages. Failure to provide any necessary translation
may result in the document in question being disregarded
Statement of by the decision-making body;
claim and body
of evidence • Contract(s) at the basis of the dispute: the copy of the
contract(s) forming the basis of the dispute are normally
the most important evidence for the disputes (please
note that, where applicable, the FIFA Data Protection
Team may be contacted for assistance in this regard via
dataprotection@fifa.org);

• Other documents: a party asserting a fact bears the


burden of proving its veracity. In this sense, statements
of facts must be corroborated by documentary evidence,
which will be assessed by the relevant chamber in line
with art. 13 par. 3 and 4 of the Procedural Rules.
21

For example, documents commonly submitted by the parties


in contractual disputes:

• Correspondences exchanged between the parties by any


means (e.g., default notices, emails and text messages
including the proper identification of the parties involved);

• Proofs of payment (e.g., bank statements, signed payment


receipts, cheques) corroborating that a payment has been
effected and/or that such party has incurred in any type
of dispute;

• Sporting data (i.e., transfer history, titles and goals


achieved, minutes and matches player, fixtures and tables
of qualification of teams) corroborating that a sporting /
contractual goal has been reached, hence justifying the
entitlement to a bonus and/or additional payment; and

• Previous decisions and/or official documentation relevant


to the case (e.g., decisions from other deciding-bodies and
letters issued by authorities).

For the sake of good procedural order, the body of evidence


shall be organized and specified (i.e., attachments numbered
and including the identification of the document concerned).
Parties shall specify the purpose of each document submitted
as evidence, for example:

Doc. 1 – Employment Contract (original)

Doc. 2 – Employment Contract (translation)

Doc. 3 - Default notice dated 6 November 2022

Doc. 4 – Proof of payment – Salary of April 2021

Doc. 5 – Player’s statistics – 2021/2022 season

Doc. 6 – Power of Attorney

Doc. 7 - BARF
Documentation

03. 
22

Advance of costs are due in disputes between opposing clubs


submitted before the PSC (cf. art. 25 par. 3 of the Procedural
Rules).

In such cases, the claimant / counterclaimant shall calculate


the advance of costs due in line with the Annexe 1 of the
Procedural Rules.

All payments of advance of costs and procedural costs shall


be made to the appropriate FIFA account:

UBS Zurich

Account number 230-366677.61N (FIFA Players’ Status)

Clearing number 230


Proof of payment
of the Advance
IBAN: CH12 0023 0230 3666 7761 N
of Costs and
Procedural Costs SWIFT: UBSWCHZH80A

Payments made to different bank accounts are not accepted


and will be returned. The parties will be then invited to
complete a new payment, failure of which will result in the
case not being processed.

The proof of payment shall be sent to the FIFA administration,


including a clear reference to the matter at hand (e.g., the
case reference and/or the name of the parties concerned).

Procedures are free of charge where at least one of the


parties is a player, coach, football agent or match agent
(cf. art. 25 par. 1 of the Procedural Rules).
04.
FREQUENTLY ASKED
QUESTIONS
24

1. WHO CAN BE A PARTY BEFORE THE FOOTBALL


TRIBUNAL?
Subject to the relevant FIFA regulations (RSTP, FFAR and Procedural Rules), only the
following natural or legal persons may be a party before the Football Tribunal:

• member associations;

• clubs affiliated to a member association;

• players;

• coaches;

• single-entity leagues, only for the purposes of the FFAR*;

• football agents licensed by FIFA*; or

• match agents licensed by FIFA*

* Exclusively for proceedings before the AC.

2. IS IT MANDATORY THAT A PARTY BE REPRESENTED




BEFORE THE FOOTBALL TRIBUNAL?


No. A party may appoint an authorised representative to act on its behalf in any
procedure. For that, the party shall provide written and recent authorisation to be
represented in the specific procedure.

Despite not being mandatory, legal representation is recommended.

3. WHAT IS THE APPLICABLE LAW TO CONTRACTUAL




DISPUTES BEFORE THE FOOTBALL TRIBUNAL?


In their application and adjudication of law, the Football Tribunal shall apply the FIFA
Statutes and FIFA regulations, whilst taking into account all relevant arrangements,
laws, and/or collective bargaining agreements that exist at national level, as well as
the specificity of sport (cf. art. 3 of the Procedural Rules).

4. WHAT IS THE TIME LIMIT TO SUBMIT A CLAIM BEFORE




THE FOOTBALL TRIBUNAL?


The Football Tribunal shall not hear any case if more than two years have elapsed since
the event giving rise to the dispute. Application of this time limit shall be examined
ex officio in each individual case (cf. art. 23 par. 3 of the RSTP or art. 20 par. 1 c) of the
FFAR).
25

5. WHAT IS THE FORMAT AND PROCEDURE TO FILE A


COUNTERCLAIM?
A counterclaim shall have the same form as a regular claim (cf. art. 18 of the Procedural
Rules), and shall be submitted within the same time limit as the response to the claim.
Particular attention should be given to including:

• the details of a bank account registered in the name of the claimant, on a signed
copy of the Bank Account Registration Form;

• (if applicable) pursuant to art. 25 par. 3 and art. 1 and 3 of Annexe 1 of the
Procedural Rules, proof of payment of the advance of costs for proceedings before
the PSC.

6. HOW IS A CLAIM SUBMITTED TO THE FOOTBALL


TRIBUNAL?
Until 30 April 2023, claims before the Football Tribunal could also be submitted via
email. As from 1 May 2023, the use of the Legal Portal is mandatory and the only valid
means of communication for proceedings under Chapter III of the Procedural Rules
(cf. art. 18 of the Procedural Rules).

Further information on how to lodge a claim via the Legal Portal is available on fifa.
com/legal or by contacting FIFA Legal Portal Technical Support via email: legal.digital.
support@fifa.org

Communications from FIFA to a party are also made via the Legal Portal by using
the contact details provided by the party in the claim, in the Legal Portal and/or the
Transfer Matching System (TMS). The contact details provided in the Legal Portal and/
or in the TMS is binding on the party that has inserted it. Parties with a Football ID and/
or a TMS account must ensure that their contact details are always up to date (cf. art.
10 par. 4 of the Procedural Rules).

Member associations and clubs are responsible for any procedural disadvantages that
may arise due to a failure to properly undertake such review.

7. WHO BEARS THE BURDEN OF PROOF IN PROCEDURES




BEFORE THE FOOTBALL TRIBUNAL?


Frequently Asked Questions

As a general rule, a party that asserts a fact has the burden of proving it.

Any type of evidence may be produced. A chamber has ultimate discretion as to the
weight it gives to evidence (cf. art. 13 par. 3 and 5 of the Procedural Rules).

04. 
26

8. ARE THE PROCEDURES BEFORE THE FOOTBALL




TRIBUNAL FREE OF CHARGE?


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 (cf. art. 25 par. 1 of the
Procedural Rules).

Procedural costs are payable in all other types of matters (e.g. club vs. club disputes).

The fixed amounts of the advance of costs and procedural costs are defined in
Annexe 1 of the Procedural Rules and are payable in US dollars (USD).

The relevant chamber will decide the amount of procedural costs that each party
is due to pay, taking into account the amount in dispute (cf. art. 2 of Annexe 1 of
the Procedural Rules), the parties’ degree of success and their conduct during the
procedure, as well as any advance of costs paid. In exceptional circumstances, the
chamber may order that FIFA assumes all procedural costs (cf. art. 25 par. 5 of the
Procedural Rules).

A party that has been ordered to pay procedural costs is only obliged to pay where it
requests the grounds of the decision after having been notified of the operative part.

9. IN WHICH CASES SHALL A PARTY PAY AN ADVANCE




OF COSTS TO LODGE A CLAIM OR A COUNTERCLAIM


BEFORE THE FOOTBALL TRIBUNAL?
An advance of costs is only payable for proceedings before the PSC (i.e. club v. club
disputes), with the exception of proceedings relating to regulatory applications (cf.
art. 25 par. 3 of the Procedural Rules).

The amount of the advance of costs is defined in Annexe 1 of the Procedural Rules
and is payable in USD dollars (USD).

10. WHEN CAN AN EXPEDITED DECISION BE MADE BY THE


FOOTBALL TRIBUNAL?
A procedure may be referred directly to the chairperson of the relevant chamber
of the Football Tribunal for an expedited decision where the FIFA administration,
following an initial assessment of the claim, establishes that either the relevant
chamber obviously does not have jurisdiction and/or the claim is obviously time-
barred.

Issues affecting the jurisdiction of FIFA and/or the admissibility of a claim may
include, but are not limited to:
27

Jurisdiction Admissibility

• No affiliation with MA [cf. • Prescription [cf. art. 23 par. 3 RSTP


art. 9 par. 1 lit. b) of the or art. 20 par. 1 c) of the FFAR]
Procedural Rules]
• Res iudicata
• No “coach” within meaning of
RSTP • Litis pendens
[cf. Def. 28 of the RSTP]
• Forum shopping
• No football agent
licensed by FIFA
• No international dimension
• Substance outside the
scope of the Regulations

If the chairperson of the relevant chamber of the Football Tribunal considers that the
claim is not affected by any of these preliminary procedural matters, they shall order
the FIFA administration to continue the procedure (cf. art. 19 of the Procedural Rules).

Frequently Asked Questions

04. 
28

11. ARE LEGAL COSTS AWARDED IN PROCEDURES BEFORE


THE FOOTBALL TRIBUNAL?
No. Parties shall bear all their own costs in connection with any procedure (cf. art. 25
par. 8 of the Procedural Rules), including (not limited to) representation costs,
administrative expenses, travel costs.

12. WHEN DO DECISIONS ISSUED BY THE FOOTBALL


TRIBUNAL ENTER INTO FORCE?
Decisions by the Football Tribunal enter into force as soon as notification occurs.
Notification is deemed complete when the decision is communicated to a party.
Notification of an authorised representative will be regarded as notification of the
party which they represent (cf. art. 15 par. 2 of the Procedural Rules).

Generally, a party will only be notified of the operative part of a decision. Decisions
that immediately impose sporting sanctions against a party will only be communicated
with grounds.

13. WHAT ARE THE CONSEQUENCES FOR FAILURE TO


COMPLY WITH MONETARY DECISIONS ISSUED BY THE
FOOTBALL TRIBUNAL?
Where the PSC or the DRC orders a party to pay another party or a proposal made by
the FIFA administration is confirmed, the consequences of failure to pay the relevant
amounts in due time are included in the decision or confirmation letter (cf. art. 24 par.
1 of the RSTP and Annexe 2, art. 8 par. 8 of Annexe 2 of the RSTP).

Such consequences shall be the following:

a. Against a club: a ban from registering any new players, either nationally or
internationally, up until the due amounts are paid. The overall maximum duration
of the registration ban shall be of up to three entire and consecutive registration
periods;

b. Against an association: a restriction on receiving a percentage of development


funding, up until the due amounts are paid;

c. Against a coach: a restriction on any football-related activity up until the due


amounts are paid. The overall maximum duration of the restriction shall be of up
to six months; or

d. Against a player: a restriction on playing in official matches up until the due


amounts are paid. The overall maximum duration of the restriction shall be of up
to six months on playing in official matches.

Where art. 24 par. 1 of the RSTP or Annexe 2, art. 8 par. 8 of the RSTP are not applicable,
and in case of failure to comply with a payment ordered by the AC, the case will be
forwarded upon request of the creditor to the FIFA Disciplinary Committee for further
action.
29

14. WHEN ARE THE CONSEQUENCES ENFORCED? IF


ENFORCED, WHEN CAN THEY BE LIFTED?
Where a debtor fails to make full payment (including all applicable interest) within the
time limit, and the decision has become final and binding, the consequences shall be
applied at the creditor’s request. The consequences shall enter into force after FIFA
has notified the debtor accordingly.

The consequences may only be lifted upon notification by FIFA, provided that the
debtor submits proof of payment of the full amount and the creditor confirms
receipt. Where full payment (including all applicable interest) has not been made, the
consequences shall remain in force until it is made.

15. ARE PROCEEDINGS AND DECISIONS OF THE FOOTBALL


TRIBUNAL CONFIDENTIAL?
Because the proceedings in front of the Football Tribunal may contain privileged and/
or sensitive data they are strictly confidential and can only be accessed by the parties
concerned and their representatives. Any document produced by the parties or FIFA
may only be used within the scope of the relevant proceeding.

In accordance with art. 17 of the Procedural Rules, the decisions of the Football Tribunal
notified with grounds and CAS awards that derive from appeals against decisions of
the Football Tribunal are published on legal.fifa.com.

Where a decision contains confidential information, a party may request within five
days of the notification of the grounds of the decision that FIFA publish an anonymised
or a redacted version (cf. art. 17 par. 1 and 2 of the Procedural Rules).

For further information concerning proceedings before the AC, please be referred to
FIFA Football Agent FAQs.

Frequently Asked Questions

04. 
05.
CONTACT
31

FIFA is fully committed to answering any questions or enquiries concerning the content
of this document and/or any other matters of a general nature regarding contractual
and employment-related disputes before the Football Tribunal.

As such, please feel free to contact us at any time:

• Players’ Status Department: psdfifa@fifa.org ; +41 43 222 77 77

• Agents Department: agentsdepartment@fifa.org; +41 (0) 43 222 7777

• FIFA Legal Portal Helpdesk: legal.digital.support@fifa.org

Please note that the FIFA administration is not in a position to provide legal advice with
regard to specific cases or situations, in order not to prejudice any decision rendered
by the Football Tribunal.

This Guide does not represent the formal position of FIFA or its decision-making bodies on
specific matters or any future case.

With regards to any potential technical references included in this Guide, please be advised
that, in the event of any contradiction between the present text and the wording of the
relevant regulations, the latter shall always prevail.
Contact

All regulatory references correspond to the May 2022 edition of the FIFA Statutes, the
March 2023 of the RSTP, the December 2022 of the FFAR and the March 2023 edition of the
Procedural Rules.
05. 

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