By David Owen
September 10 – The Court of Arbitration for Sport (CAS)’s uncontested jurisdiction over sporting disputes appears to have been put in question by a ruling handed down by a Brussels Court of Appeal.
According to the AS website, the ruling holds that the “enforced arbitration” of CAS is illegal. It considers that arbitration rules in the statutes of FIFA and UEFA, which insist on disputes being heard exclusively by CAS, violate both the European Convention of Human Rights and the European Charter of Fundamental Rights.
This appears to open up the possibility for those involved in disputes to pursue action through domestic court systems, in preference to the Swiss-based body.
AS says the ruling is part of a case dating from 2015 by the Belgian third-tier club RFC Seraing and investment fund Doyen Sports. This was said to concern FIFA’s prohibition of the use of investment funds for the ownership of players.
A further hearing is scheduled for next month.
This new development comes at a delicate time for CAS, whose credibility has come under question as part of the fallout from the long-drawn-out Russian doping saga.
Last February, International Olympic Committee (IOC) President Thomas Bach spoke of an “urgent need” to reform CAS following the body’s decision to overturn its sanctions against 28 Russian athletes. It has since filed an appeal against one of the decisions at the Swiss Federal Tribunal.
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