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Opting-in
for a domestic independent and fair tribunal under FIFA RSTP in player-club
labour disputes of an international dimension. A brief analysis of the recent
FIFA decisions regarding Polish and Slovak clubs. Is it a procedural trap?
Mateusz Stankiewicz,
a qualified legal advisor and the member of the Kraków Bar of Legal Advisors (Poland),
an experienced sports lawyer representing parties before the bodies of the
Polish FA as well as FIFA and CAS, he has been running his own practice since
2014. Is an experienced member of the football judicial bodies of the Polish FA
(PZPN) the Małopolska FA (MZPN), Lublin FA (LZPN) and Kielce FA (SZPN).
Právny obzor, 104, 2021,
special edition, pp. 60-72
Published online: 21.2.2022
https://doi.org/10.31577/pravnyobzor.specialissue.2021.04
Abstract. Opting-in for
a domestic independent and fair tribunal under FIFA RSTP in playerclub labour
disputes of an international dimension. A brief analysis of the recent FIFA
decisions regarding Polish and Slovak clubs. Is it a procedural trap? The aim of
the present paper is to analyse and examine the procedural requirements of
raising an objection of the competence of FIFA in international disputes in
professional football. The first part of the paper investigates the basis of
FIFA jurisdiction, its requirements and the procedures that govern the
proceedings in such cases. The second part of the paper is based on recent
examples of cases where clubs and players from Poland and Slovakia tried to
effectively raise an objection to FIFAs competence in adjudicating the cases.
These examples are to illustrate what are the common problems the parties face
when trying to raise such an objection and what procedural mistakes may lead to
the questioning of the competence of FIFA on merit to be denied. The vital
procedural issues in FIFA proceedings are presented as a chance to analyse the
mistakes made in the past and avoid them in the future.
Keywords: FIFA,
Dispute Resolution Chamber, National Arbitral Tribunal, Sports law, Poland,
Slovakia
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS