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Guide To Submitting Claims Before The Football Tribunal - v4 - EN
Guide To Submitting Claims Before The Football Tribunal - v4 - EN
Guide To Submitting Claims Before The Football Tribunal - v4 - EN
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 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:
Furthermore, in accordance with art. 22 and art. 23 par. 2 of the RSTP, the PSC has
jurisdiction to hear:
Lastly, in accordance with art. 20 of the FFAR, the AC has jurisdiction to determine
Introduction
disputes:
• 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:
• 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:
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
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;
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
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.
02.
10
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:
In this respect, pursuant to art. 19 par. 1 of the Procedural Rules, the FIFA administration
will assess whether:
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
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
The FIFA administration will decide, where appropriate and depending on the
complexity of the case, whether there shall be a second round of submissions.
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.
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.
Process
02.
14
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
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.
• 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;
Depending on the particularities of a case, the findings of the decision may include
other relevant information.
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?
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
CUMULATIVE
REQUIREMENTS COMMENTS
Complete name;
Email address(es);
Identification
of the parties Postal address(es), including city, country, and postal code;
03.
20
Doc. 7 - BARF
Documentation
03.
22
UBS Zurich
• member associations;
• players;
• coaches;
• 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.
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.
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
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.
The amount of the advance of costs is defined in Annexe 1 of the Procedural Rules
and is payable in USD dollars (USD).
Issues affecting the jurisdiction of FIFA and/or the admissibility of a claim may
include, but are not limited to:
27
Jurisdiction Admissibility
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).
04.
28
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.
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;
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
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.
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.
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.
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.