The Jurisdiction to Settle Disputes between Foreign Players and Portuguese Clubs

The Jurisdiction to Settle Disputes between Foreign Players and Portuguese Clubs
Around the world, disputes between clubs and football players are frequent. Overdue salaries, contract terminations and debatable option clauses are, amongst others, issues that currently oppose clubs to players and end up being settled in court. We will make a few quick comments on the competent entities to settle disputes involving Portuguese clubs and players (national or foreigners).
 

Given that, in Portugal, according to a recent study made by the Football Observatory of the International Centre for Sports Studies (CIES), the average number of foreign players per First League teams is 16, almost every club is facing a majority of foreign players. We will therefore look at the issue of jurisdiction not only in disputes between clubs and Portuguese players, but in particular with foreign players.

In Portugal, arbitration plays a key role in sports dispute resolution. Since 1995, a Joint Arbitral Commission (CAP) has been formed, consisting of six expertise law members, three nominated by the Portuguese Professional Football League and the other three by the Portuguese Players Association.

Until October 2015, the CAP had jurisdiction to...

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