Section 19 - Circular Provisions
true for the Arbitration Tribunal for Football whenever it hears appeals from decisions
taken by FIFA’s Dispute Resolution Chamber.
- c. If a party chooses to have its dispute resolved through football arbitration, the
triggering, contract-related elements of the dispute will be handled by FIFA’s Dispute
Resolution Chamber at the request of this party, unless both parties have agreed in
writing or it is provided in a collective bargaining agreement not to submit this part of
the dispute to FIFA’s Chamber but rather to a national sportive arbitration tribunal.
However, for this agreement or this provision to be recognized by FIFA, the national
arbitration tribunal must also be composed of members chosen in equal numbers by
players and clubs, as well as an independent chairman.
- d. Whenever a dispute between a player and a club is put to football arbitration, and an
unjustified contractual breach is found, FIFA’s Dispute Resolution Chamber is
exclusively competent to establish the consequences of this finding (notably,
sportive sanctions, financial compensation), subject to appeal to the Arbitration
Tribunal for Football. The same is true for disputes relating to training
compensation.
- e. Whenever a dispute between a player and a club arises, FIFA will offer low cost,
speedy, confidential conciliation facilities available to the parties. The parties are
free to accept mediation by an independent mediator. Any such conciliation will not
delay or interfere with the formal dispute settlement procedures.
- f. Before reaching any decision in the matters discussed here, FIFA’s Dispute
Resolution Chamber will ask the national association which held the registration of
the player before the dispute arose to give its opinion on the dispute.
8.
Transitional arrangements
The new regulations shall come into force on 1 September 2001. Contracts between players
and clubs concluded before this date continue to be governed by the previous version of
these regulations, which entered into force on 1 October 1997, unless the clubs and the
players expressly agree to subject their agreements signed after 5 July 2001 to the present
regulations. In any event, disputes arising in connection with contracts governed by the
earlier version of these regulations will be settled according to the procedural provisions of
the present Regulations.
See Art. 42.1(c) of the Basic Regulations.
See Art. 42.1.(b)(i) of the Basic Regulations.
See Art. 42.1(b)(ii)-(v) of the Basic Regulations.
See Art. 42.1.(a) of the Basic Regulations.
See Art. 42.3 of the Basic Regulations.
See Art. 42-44 of the Basic Regulations; Art. 15-17 of the Application Regulations.
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