Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4604 Ängelholms FF v. Kwara Football Academy, award of 12 January 2017 Panel: Mr Mark Hovell (United Kingdom), Sole Arbitrator Football Training compensation Discretion of a CAS panel to exclude new evidence under article R57(3) CAS Code Determination of the first professional contract of a player for the purpose of the training compensation Assessment of the amount of training compensation 1. CAS panels, pursuant to Article R57 of the…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4603 SC Dinamo 1948 v. FC Internazionale Milano SpA, award of 15 February 2017 Panel: Mr Marco Balmelli (Switzerland), Sole Arbitrator Football Training compensation Club responsible to pay training compensation Player professional contract and professional player in the meaning of Article 2 RSTP Bridge transfer or circumvention of Article 20 RSTP 1. Under the FIFA Regulations on the Status and Transfer of Players (RSTP) it is the club that…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4602 Football Association of Serbia v. Union des Associations Européennes de Football (UEFA), award of 24 January 2017 Panel: Prof. Ulrich Haas (Germany), President; Mr José Juan Pintó (Spain); Mr Patrick Lafranchi (Switzerland) Football Membership of an association Legal interest in general Legal interest in cases where power of representation and management authority of the association are interdependent Standing to sue Standing to be sued “Recognition by the United…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4597 SC FC Steaua Bucuresti v. FC Internazionale Milano SpA, award of 15 February 2017 Panel: Mr Marco Balmelli (Switzerland), Sole Arbitrator Football Compensation for training Definition of professional football player Circumstances corroborating a circumvention of the application of the compensation for training-related rules 1. According to article 2 of the FIFA Regulations on the Status and Transfer of Players, a professional is a player who has a written…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4595 Al Ittihad Saudi v. Fédération Internationale de Football Association (FIFA), award of 21 November 2016 Panel: Mr Manfred Nan (The Netherlands), President; Mr Attila Berzeviczi (Hungary); Prof. Martin Schimke (Germany) Football Sanctions in proceedings before the FIFA Disciplinary Committee Scope of review under Article 64 FIFA Disciplinary Code Duty of deference and scope of review of disciplinary sanctions imposed by FIFA Disciplinary Committee 1. According to established CAS…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitrations CAS 2016/A/4588 FC Internazionale Milano v. Sunderland AFC & CAS 2016/A/4589 Sunderland AFC v. FC Internazionale Milano, award of 15 June 2017 Panel: Mr Sofoklis Pilavios (Greece), President; Mr Marco Balmelli (Switzerland); Prof. Philippe Sands QC (United Kingdom) Football Termination of a loan and potential subsequent transfer agreement due to the medical condition of the player Termination and avoidance of a contract under Swiss law Just cause to terminate the…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4586 Altay Football Club v. Professional Football League of Kazakhstan & Football Federation of Kazakhstan (FFK), award of 23 January 2017 (operative part of 24 October 2016) Panel: Mr András Gurovits (Switzerland), President; Mr Michael Gerlinger (Germany); Mr Theodore Giannikos (Greece) Football Disciplinary sanction against a club (deduction of points) Definition of decision Standing to be sued of the entity that issued the decision Assignment of rights Sanction 1.…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4581 Apollon Football Ltd. v. Partizan FC & Fédération Internationale de Football Association (FIFA), award of 28 February 2017 Panel: The Hon Michael Beloff QC (United Kingdom), President; Mr Efraim Barak (Israel); Prof. Luigi Fumagalli (Italy) Football Compensation due to another club in case of a subsequent transfer Jurisdiction of the FIFA Single Judge CAS jurisdiction to rule as a first instance Competence of FIFA to impose the sanctions…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4580 Botafogo de Futebol e Regatas v. Sharjah FC, award of 14 December 2016 Panel: Mr Fabio Iudica (Italy), President; Mr Clifford Hendel (USA); Mr Mark Hovell (United Kingdom) Football Refund by the former club of a transfer fee paid by the new club Discretion of a CAS panel to exclude new evidence Burden of proof 1. Discretion of a CAS panel to exclude evidence according to article R57…

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Tribunal Arbitral du Sport Court of Arbitration for Sport Arbitration CAS 2016/A/4579 Gordon Derrick v. Fédération Internationale de Football Association (FIFA), award of 3 February 2017 Panel: Mr José María Alonso Puig (Spain), President; Mr Romano Subiotto QC (United Kingdom); Mr Nicolas Ulmer (Switzerland) Football Denial of eligibility to a candidate for a top position within FIFA Standing to appeal Duty of a football official to report the existence of bribes FIFA discretionary power to determine whether a candidate has…

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