1. By operation of Article 62 of the IFA Statutes, disputes in the Association or disputes affecting Leagues, members of Leagues, Clubs, members of Clubs, Players, Officials and other Association Officials shall not be submitted to “Ordinary Courts”, unless this is expressly permitted in the IFA Statutes, regulations or a binding legal provision, and shall be taken to an independent Arbitration Tribunal recognised by IFA or AFC, or to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. A dispute that concerns a decision adopted by an IFA body and which relates to an individual seeking election as President of the IFA Executive Committee is properly to be interpreted as a dispute “in the Association” within the meaning of Article 62(1). As there is nothing in the IFA Statutes, the Electoral Code or in any other binding instrument that expressly permits such dispute to be submitted to the domestic courts in Iraq, it follows that there is mandatory jurisdiction in favour of “an independent Arbitration Tribunal” which includes the CAS.
2. If the only request for relief in an appeal before the CAS of a candidate to an election that has already been held and has been declared invalid, null and void by way of a separate award is that his candidacy for the election be declared regular and valid, it would not serve any useful purpose for a CAS panel to make a determination on the validity of the candidature in relation to that election. In relation to future elections of the federation, the candidate would in any event be required to submit his candidature anew in accordance with the provisions of the Statutes and the Electoral Code of the federation. The federation, or any other person or body, would no not be bound by the determination of the CAS panel in relation to a future candidacy. An appeal with such a request for relief must therefore be declared inadmissible.
Why not join us?
Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).
Register today and stay tuned to the latest legal news.
Get started