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FIFA

FIFA. RULES GOVERNING THE PRACTICE AND PROCEDURES OF THE DISPUTE RESOLUTION CHAMBER by Michele Colucci www.colucci.eu – info@colucci.eu. THE GOAL. To enable the DRC to deal with cases ….fairly and expeditiously !. STRUCTURE. A Chairman 2 Members ‘representing’ the players

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FIFA

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  1. FIFA RULES GOVERNING THE PRACTICE AND PROCEDURES OF THE DISPUTE RESOLUTION CHAMBER by Michele Colucci www.colucci.eu – info@colucci.eu

  2. THE GOAL • To enable the DRC to deal with cases ….fairly and expeditiously !

  3. STRUCTURE • A Chairman • 2 Members ‘representing’ the players • 2 Members ‘representing’ the clubs • DRC single judge

  4. JurisdictionDRC • Cases between players and clubs relating to breaches of contract (international nexus): • Employment disputes • Training compensation • Solidarity mechanisms

  5. JurisdictionPlayers Status Committee • Cases between Coaches and Clubs • ITC

  6. ART. 17. FIFA REGULATIONS The following provisions apply if a contract is terminated without just cause: In all cases, the party in breach shall pay compensation. Subject to the provisions of article 20 and Annexe 4 in relation to training compensation, and unless otherwise provided for in the contract, compensation for the breach shall be calculated with due consideration for: 1)the law of the country concerned, 2)The specificity of sport, and 3)any other objective criteria. These criteria shall include, in particular: a) the remuneration and other benefi ts due to the player under the existing contract and/or the new contract, b) the time remaining on the existing contract up to a maximum of five years, c) the fees and expenses paid or incurred by the former club (amortised over the term of the contract) and whether the contractual breach falls within a protected period. 2. Entitlement to compensation cannot be assigned to a third party.

  7. ART. 17 FIFA Regulations If a professional is required to pay compensation, the professional and his new club shall be jointly and severally liable for its payment. The amount may be stipulated in the contract or agreed between the parties.

  8. ART.17 FIFA Regulations In addition to the obligation to pay compensation, sporting sanctions shall also be imposed on any player found to be in breach of contract during the protected period. This sanction shall be a: 1. four-month restriction on playing in official matches. In the case of aggravating circumstances, the restriction shall last six months. In all cases, these sporting sanctions shall take effect from the start of the following season at the new club. (...) The protected period starts again when, while renewing the contract, the duration of the previous contract is extended.

  9. Art. 17 FIFA regulations Any person subject to the FIFA Statutes and regulations (club offi cials, players’ agents, players, etc.) who acts in a manner designed to induce a breach of contract between a professional and a club in order to facilitate the transfer of the player shall be sanctioned.

  10. Support by the FIFA General Secretariat • The FIFA General Secretariat shall serve as the registry and secretariat of the DRC

  11. PROCEDURE (in theory)

  12. Deciding on the claims of the parties • If the parties have not been informed otherwise, the DRC shall deal with the case on the basis of the documents submitted by the parties

  13. Decisions of the DRC Decisions of the DRC shall be communicated to the parties by the FIFA General Secretariat in writing and shall be published promptly

  14. Language • All written communications must be in one of the four official FIFA languages: • English • French • German • Spanish

  15. Appeals • Within 30 days of receiving notification of a decision of the DRC, a party can appeal against the decision to TAF directly (2001) then to CAS (Court of Arbitration for Sport)

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