Informative Note

Are the Arbitration Clauses Contained in the FIFA Regulations Illegal?


On 29 of August of 2018, the Court of Appeal in Brussels published a decision that promises to trigger extensive debate (see the text of the decision in Spanish here). The case was brought by Doyen Sport and the club Seraing United against FIFA, UEFA and the Belgian Football Association (ASBBL). In it, the court decided that the mandatory arbitration clauses contained in the regulations of FIFA, UEFA and its affiliates, the national federations, violate Belgian law. The court even invoked Article 6(2) of the European Convention on Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union, which aim to protect the right of access to any person to an independent and impartial judge.


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