Shanghai Intermediate Court Case-Law regarding the Enforcement of FIFA Decisions in China

FIFA
Opinion Article
China, International
Shanghai Intermediate Court Case-Law regarding the Enforcement of FIFA Decisions in China
Emily YU by
What is left for players or coaches to do while they have a final and binding FIFA decision that is in their favor, but the club they worked for no longer is affiliated with the national association? The Shanghai Intermediate Court issued a decision that ordered the trial court to rehear a case where the player has a final and binding FIFA decision. The Court decided that FIFA’s internal dispute resolution bodies are not independent arbitration tribunals but internal industrial self-governing bodies. It should be considered an internal decision, not an arbitration award under New York Convention. Therefore, FIFA’s procedure cannot exclude the national court’s jurisdiction.

As an internal judicial body, the rebranded FIFA Football Tribunal has always been one of footballers’ and coaches’ most important legal remedies. As an internal dispute resolution mechanism of the international football governing body, most of the time, it is more effective than national courts or arbitration tribunals. 

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Topics

FIFA
CAS

Keywords