The Legal System - the UAE Football Association - Research Proposal Example

HЕ LЕGАL SYSTЕM TО RЕSОLVЕ DISРUTЕS RЕLАTЕD TО FООTBАLL IN THЕ UАЕ FООTBАLL АSSОСIАTIОN, АFС, FА, UЕFА, FIFА АND САS Table of Contents 1. Introduction 3 2. UAE Football Association (UAEFA) 4 3. Court of Arbitration for Sports (CAS) 4 4. Asian Football Confederation (AFC) 5 5. Football Association (England FA) 5 6. Union of European Football Associations (UEFA) 5 7. Case 1: Al Nasr Sports Club 6 8. Case 2: Luis Suárez, (Fútbol Club) FC Barcelona 8 9. The Process to Appeal the Decision of UAE FA to FIFA and CAS 9 10. Conclusion 10 References 11 1. Introduction There are three different sports markets that are considered as an emerging markets in the world. These markets are Middle East, Europe and Africa. They are the fastest growing segments. The market of the Middle East is the prime sports market that is emerging, continuing growing and is also offering development. The legal infrastructure, which is related to sports, has to be developed parallel with the sports market. Although, the jurisdiction of UAE comes under a young and minor jurisdiction, yet its field of laws and dispute resolution is maturing at a fast pace. In the past ten years, several developments have been taken place. A number of sports have been transformed from amateur level to a professional level. The outcome of this transformation is that UAE is now following the international governing bodies that are related to sports. The best example of this transformation and development is football in UAE. Every year, the commercial value of food leagues in UAE are increasing and this is making a significance of the sport in the boundaries of UAE [Sal14]. This report will throw light on the different procedural systems, such as UAE FA, AFC, England FA, UEFA, FIFA and CAS, which can settle sports disputes. It will also present the two famous cases of CAS that are known in the context of dispute resolution. The first case was happened in the territories of the United Arab Emirates. The second case was conducted in the boundaries of Switzerland. These cases will show that how football cases are formed and resolved in the procedural systems and how these decisions are challenged to FIFA and CAS. Then, the report will also show that how to appeal the decision of UAE FA to FIFA and CAS. Lastly, to summarize this report, a conclusion is prepared too. 2. UAE Football Association (UAEFA) In UAE, it is one of the most established association. It was formed in 1972 under the Ministerial Resolution No. 17. It has 15 members and there are two statutes that derived the legal authority of sport and youth, which are Law No. 1 and Law No. 12. The first law is concerned about the laws that are related to the authorities of ministers and the second law is about regulating the associations and clubs. The statute of the United Arab Emirates Football Association is issued by the same association and in football, it is considered as a main regulating legislation. A great number of resolution bodies for the sport dispute are formed by the United Arab Emirates Football Association. This association is inspired by the dispute resolution model of FIFA because it is a governing body that is successfully operating on a global basis [Sal14]. 3. Court of Arbitration for Sports (CAS) In UAE, recently another governing body to settle the disputes was formed and it was named as Court of Arbitration for Sports. It is famous in resolving the disputes at the international level [Sal14]. Its headquarters is in Switzerland and it was formed in 1984. For several international sports federations, the last tribunal of appeal is CAS. In Abu Dhabi, a permanent court/place of Court of Arbitration for Sports was created in 2012 [Rih15]. The disputes that are related to the Olympic Games are sent only to the Court of Arbitration for sports. To create uniformity, the Court of Arbitration for Sports hears the disputes that are connected to the international and national governing bodies [Kri14]. 4. Asian Football Confederation (AFC) The governing body of Asian football is called as the Asian Football Confederation (AFC). It was formed in 1954 and it makes up FIFA by being 1 out of 6 its confederations that forms FIFA. It has 46 Member Associations and is headquartered in Malaysia. The key responsibilities of AFC are conducting major competitions, implementing the law, regulating the game, boosting youth and grassroots football and for the improvement of sport, it drafts new laws [AFC16]. 5. Football Association (England FA) The football governing body of English is known as the Football Association. It was formed in 1863. The rules and governance of FA are made on several aspects, such as betting, written reasons, fair play, equality, player registration, intermediaries, anti-doping, laws of the game, suspensions and safeguarding [Foo16]. 6. Union of European Football Associations (UEFA) The European football governing body is known as Union of European Football Associations. It was established in 1954. It missions is to protect and promote European football at every single level of game. It also develops European football and promotes the solidarity and unity principles. It has 15 clubs and its measures of protecting game are match fixing prevention, anti-developing, financial fair play and club licensing [UEF16]. 7. Case 1: Al Nasr Sports Club The president in this case was Professor Doctor Martin Schimke, who is the Attorney at law in Germany. There were two arbitrators in the case, the first was Mr. Manfred Peter Nan, who is the Attorney at law in Netherlands and the second was the Professor Luigi Fumagalli, who was the Attorney at law in Italy. There were three Appellants in this case, first was FC Nantes, second was Ismael Bangoura (a football player) and third was the Al Nasr Sports Club. There was single Respondent in this case, which was the Federation Internationale de Football Association (FIFA). Therefore, there were four parties in this case, which were the French Football Club i.e. FC Nantes, Mr Ismael Bangoura, Al Nasr Sports Club and FIFA [CAS13]. Mr Bangoura is a football player from Guinea and he started his career in the year 2003. He is one of the top player in his national team. He worked with the clubs of France and Russia. In 2009, he signed a contract with a French team, named as Stade Rennais FC. To secure the services of this player, Al Nasr concluded an agreement of transfer. The transfer fees was paid by Al Nasr of about EUR 7,000,000 and the player signed an employment club with Al Nasr then. In the seventeen leagues matches of the first season, the player scored ten goals. He hired a new coach and Al Nasr paid advance salaries to the player. The player participated in four out of five seasonal matches of Al Nasr and also participated in a friendly match against Gabon in 2011. On 16th October 2011, the player did not perform well on the Etisalat Pro League match. He got 2 yellow cards and after being sent off to the pitch, he got another card, which was red, by the referee due to his unsporting behavior. Consequently, he was suspended in three matches by the United Arab Emirates Football Association Disciplinary Committee. In addition, he was charged of amount 10,000 Dirhams. Therefore, he was suspended to play against Al Wahda, Ajman, Al Ahli and Dubai [CAS13]. On 24th October 2011, the player was deregistered by Al Nasr and hired another footballer, named as Mr Rodrigo Vergilio. He was a Brazilian and was hired on loan on the last year. He was given the jersey number of Mr Ismael Bangoura. According to the Al Nasr team, the player was of no use for the team due to his suspension for a long period of time. He has been given an international leave and he will be prepared for the future matches. On 13 December 2011, Mr Ismael Bangoura requested the team to give him leave before the agreed dates. The team refused, but the player went to Paris via Dubai without approving his request. Then the player filed a claim with the FIFA Disciplinary Committee against Al Nasr that they have not paid the salaries in agreed amount and they have not allowed the player to get the training with the professional team. Al Nasr replied to this claim and said that the salaries are paid as per the contract, yet only the 50% of the down payment is yet to be paid. The team emphasized on the earlier departure of the player and his recent negotiations with the FC Nantes on the matter of transfer. In 2012, the player played for his national team and FC Nantes sent a formal request to Al Nasr for having the player again. Then Al Nasr hired an Italian footballer and Mr Ismael Bangoura signed a contract with FC Nantes. Yet, the UEAFA informed to FIFA that the player is still on contract with Al Nasr and the ITC cannot be issued. But, the FIFA gave a provisional registration with FC Nantes. In the end of 2012, FIFA Disciplinary Committee issues the appealed decisions to the Appellants [CAS13]. In the end of February 2013, all the appellants filed an appeal in Court of Arbitration for Sports against the appealed decision. The Court of Arbitration for sports concluded that the player was practicing in his deregistration period till the day of leaving from Dubai. He did not complained the non-payment of salaries before and that’s why it is confirmed that he was getting regular salaries in his suspension period as well. Court of Arbitration for Sports also said that the player had not enough reason to terminate the contract of employment and the reason of non-payment is just not enough. Mr Ismael Bangoura was getting regular salaries and Al Nasr even offered the remaining 50% of down payment to the player and this makes the reason of the player as invalid. To compensate Al Nasr, FC Nantes has to pay EUR 4,500,000 to Al Nasr. Lastly, the appeals of the appellants were dismissed by the Court of Arbitration for sports [CAS13]. 8. Case 2: Luis Suárez, (Fútbol Club) FC Barcelona The president in this case was Mr. Bernhard Welten, who is the Attorney at law in Switzerland. There were two arbitrators in the case, the first was Professor Luigi Fumagalli, who is the Attorney at law in Italy and the second was the Doctor Marco Balmelli, who was the Attorney at law in Switzerland. There were three Appellants in this case, first was Luis Alberto Suarez Diaz, second was the Futbol Club (FC) Barcelona and third was the Asociacion Uraguaya de Futbol (AUF). There was single Respondent in this case, which was the Federation Internationale de Football Association (FIFA). Therefore, there were four parties in this case, which were the football player, FC Barcelona, AUF and FIFA [CAS14]. Luis Suarez is a football player from Uruguay and currently he is playing for FC Barcelona, Spain. On June 25, 2014, the player was declared guilty of the infringement of art 48 and 57 by FIFA Disciplinary Committee, due to his actions that were against sportsmanship and fair play. He was then suspended for the next 9 football matches, banned from entering the stadiums and other sporting activities and fined for CHF 100,000. He and AUF (Asociacion Uruguaya de Futbol) filed an appeal against the decisions of FIFA Disciplinary Committee, which was rejected later on [CAS14]. The decision of FIFA Disciplinary Committee was then challenged to the Court of Arbitration for Sports by the player and AUF on 23rd July, 2014. They asked Court of Arbitration for Sports to reduce the sanction that is decided by FIFA Disciplinary Committee. The AUF said that the FIFA misapplied its Swiss law and rules in this case in terms of recidivism. To CAS, FIFA filed its answers on 6th August, 2014 and in that the player was shown unsporting nature. The CAS has to provide its services for the dispute resolution under Art. R58 of the code. Moreover, FC Barcelona also appealed on the charges and suspension of the player, because this club was being affected indirectly by not having its player on the field [CAS14]. On the basis of hearings, the Court of Arbitration for sports set aside the decision of FIFA disciplinary Committee. Court of Arbitration for Sports declared the player as a guilty of showing unsporting behavior in the FIFA world cup Brazil 2014. He violated the Art. 48, when his team was playing against Italy. As per Art. 19 and 11 of the FIFA, the player was subject to ban for nine official matches in a row of the AUF. As per Art. 19 and 11, the player cannot play for 4 months in a row at any level. As per Art. 10, the player was sanctioned to pay CHF 100,000 as a fine within thirty days of the declaration [CAS14]. 9. The Process to Appeal the Decision of UAE FA to FIFA and CAS Initially, the sport cases are taken to the national governing body. If the parties are not satisfied with the decisions, then the appellants can choose to appeal the decisions to FIFA Disciplinary Committee. Again, if the parties are not satisfied with the decisions of the FIFA Disciplinary Committee, then they can challenge the decision in the Court of Arbitration for sports. In the first case of this report, the case was first heard by the UEAFA, then by FIFA Disciplinary Committee and then the decisions were challenged in the CAS. In the second case, the case was first heard by FIFA Disciplinary Committee and then the decisions were challenged in the CAS. 10. Conclusion The market of the Middle East is the prime sports market that is emerging, continuing growing and is also offering development. The legal infrastructure, which is related to sports, has to be developed parallel with the sports market. Although, the jurisdiction of United Arab Emirates comes under a young and minor jurisdiction, yet its field of laws and dispute resolution is maturing at a fast pace. United Arab Emirates Football Association was formed in 1972 under the Ministerial Resolution No. 17. It has 15 members and there are two statutes that derived the legal authority of sport and youth, which are Law No. 1 and Law No. 12. The disputes that are related to the Olympic Games are sent only to the Court of Arbitration for sports. To create uniformity, the CAS hears the disputes that are connected to the international and national governing bodies. The Asian Football Confederation was formed in 1954 and it makes up FIFA by being 1 out of 6 its confederations that forms FIFA. The football governing body of English is known as the Football Association. It was formed in 1863. UEFA was established in 1954. It missions is to protect and promote European football at every single level of game. In the Al Nasr Sports Club case of this report, the case was first heard by the UEAFA, then by FIFA Disciplinary Committee and then the decisions were challenged in the CAS. In the second case, Luis Suárez, (Fútbol Club) FC Barcelona, the case was first heard by FIFA Disciplinary Committee and then the decisions were challenged in the CAS. Therefore, the decisions of the Court of Arbitration for sports are full and final. The appellants and respondents have to follow them, otherwise they will be charged of their non-professional behavior. References Sal14: , (Obeidli), Rih15: , (Amin), Kri14: , (Brown), AFC16: , (AFC), Foo16: , (Football Association), UEF16: , (UEFA), CAS13: , (CAS), CAS14: , (CAS, Arbitral Award), Read More