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Football-legal
29
Aug
2018
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Football Legal
CAS
Cases
Belgium International

Brussels Court of Appeal rejects the FIFA Statutes' CAS Arbitration Exception


Appeal Court of Brussels, 18th chamber F, civil affairs, no. 2016/AR/2048, Doyen Sports Investments Ltd. et a. v. URBSFA, FIFA, UEFA & FIFPro
Date of the decision: 2018-08-29

A general arbitration clause that does not contain a specific legal relationship does not take jurisdiction away from a state court. Contrary to the CAS award, Doyen Sports is not bound by a general arbitration clause that does not refer to a particular legal relationship.

Facts/Procedure

On 1 May 2015, FIFA banned the practice of third-party ownership (TPO). Since then, the Belgian club RFC Seraing and investment fund Doyen Sports have opposed FIFA, UEFA, the URBSFA and FIFPro on the legality of this ban.

RFC Seraing, sanctioned by FIFA in September 2015 for this practice (by a fine of EUR 136,000 and a recruitment ban), is contesting this decision in the civil courts, after a passage before the Court of Arbitration for Sport (CAS), which considered that FIFA’s rule regarding TPO was valid.

On 27 June 2017, the President of the Liège Court of First Instance (in Belgium) dismissed, for lack of urgency, the...

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Topics
  • CAS
  • TPO / TPI
  • European Law
Keywords
  • FIFA
  • Royal Belgian Football Association (URBSFA)
  • UEFA
  • Court of Arbitration for Sport (CAS)
  • Jurisdictional competence
  • National Courts
  • National Law
  • TPO/TPI
  • Arbitration clause
Find out more
  • Brussels Court of Appeal Reopens the Hearing in the RFC Seraing-Doyen Sports TPO Dispute
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