FIFA
RULES GOVERNING THE PRACTICE AND
PROCEDURES OF THE DISPUTE RESOLUTION
CHAMBER
by Michele Colucci
www.colucci.eu – info@colucci.eu
1
THE GOAL
To enable the DRC to deal with cases
….fairly and expeditiously !
2
STRUCTURE
A Chairman
2 Members ‘representing’ the
players
2 Members ‘representing’ the clubs
DRC single judge
3
Jurisdiction
DRC
Cases between players and clubs relating to
breaches of contract (international nexus):
– Employment disputes
– Training compensation
– Solidarity mechanisms
4
Jurisdiction
Players Status Committee
Cases between Coaches and Clubs
ITC
5
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.
6
2. Entitlement to compensation cannot be assigned to a third party.
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.
7
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.
8
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.
9
Support by the FIFA General Secretariat
The FIFA General Secretariat shall serve
as the registry and secretariat of the DRC
10
PROCEDURE (in theory)
Written Request
15 days
Response (and Counterclaim)
5 days
7 days
(Response to Counterclaim)
[30 days]
7 days
National Association Comments
Oral Hearing
11
DRC Decision
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
12
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
13
Language
All written communications must be in one of the
four official FIFA languages:
–
–
–
–
English
French
German
Spanish
14
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)
15