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
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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