In 2012 and 2013, leading Court of Arbitration for Sport (CAS) jurisprudence helped establishing certain guidelines that have been fully integrated in the current practice of FIFA decision-making bodies. Five years from then however, some of the problems announced still persist and it seems the right time to take a pause and look at the evolution of the FIFA jurisprudence since then.
Players deemed assets and blocked by their clubs,[1] clubs sanctioned or relegated in spite of their good sporting performances, parallel procedures brought before FIFA bodies and State courts, the jurisdiction of FIFA legal bodies, the interaction between national insolvency laws and FIFA Regulations, the suspension of disciplinary proceedings, and a plethora of other complex questions, represent today major challenges for both practitioners and decision-making bodies when confronting cases in which a football club is undergoing a collective proceedings.
The difficulty in setting universal and harmonized rules in these kinds of disputes relies essentially in the different procedural and substantive laws governing collective procedures at a national level and the lack of coordination between these and the FIFA Regulations.[2] Terms such as insolvency, administration, bankruptcy,...
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