Lack of Jurisdiction: CAS 2023/A/9949 Marcos Raphael Alvárez Giráldez v. MKS Cracovia S.S.A. & FIFA

CAS 2023/A/9949 Marcos Raphael Alvárez Giráldez v. MKS Cracovia S.S.A. & FIFA

Date of the decision: 2024-05-06

Arbitrator(s): Sofoklis Pilavios

According to Swiss Law, any objection regarding lack of jurisdiction must be raised before any defense on the merits of the dispute, whether such defense is presented through written submissions or during an oral hearing.

Facts and Procedure

On 20 April 2023, the FIFA Dispute Resolution Chamber (DRC) determined that the Football Tribunal does not have jurisdiction to hear the claim of the Player and the Club’s counterclaim concerning the unilateral termination of an Employment Agreement.

On 7 June 2023, the grounds of the Appealed Decision were communicated to the Parties.

The FIFA DRC concluded that the Football Tribunal was not in a position to deal with the substance of a case if another deciding body, the Polish Football Association Dispute Resolution Chamber (PSP PZPN) in this case, had already dealt with the same...

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.).

Get started