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Football-legal
30
Jun
2020
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Mario FLORES CHEMOR
Tom SEAMER
CAS
Article
International
Football Legal # 13

Force majeure: Swiss Law, CAS jurisprudence and the jurisprudence of the FIFA decision-making bodies


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The COVID-19 outbreak has had a colossal impact on every aspect of life worldwide. Whilst the outbreak’s effects on the sporting world are clearly of secondary concern, it is nevertheless the case that enormous disruption has been, and will continue to be, caused to events in every country, in every sport, and at all levels.

Given the huge impact of COVID-19 on football, the scope for disputes is obvious. That is particularly the case as the situation faced is entirely novel (at least in modern times), such that it simply has not been legislated for.

Indeed, the degree to which existing football rules and regulations will likely have to be ‘torn up’ is reflected by the FIFA guidelines “COVID-19 Football Regulatory Issues” published on 7 April 2020. Those guidelines call for players’ and coaches’ contracts to be automatically extended until the end of the delayed football season, propose guiding principles which (seemingly) would (in certain cases) allow parties to unilaterally vary employment contracts which “can no longer be performed”, and recommend allowing transfer windows to be altered to be in line with amended season...

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Topics
  • CAS
  • FIFA
Keywords
  • FIFA
  • CAS proceedings
  • Court of Arbitration for Sport (CAS)
  • FIFA proceedings
  • Swiss Law
  • COVID-19
  • Force majeure
Authored by
Mario FLORES CHEMOR
About Mario FLORES CHEMOR
Tom SEAMER
About Tom SEAMER
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