A tension has emerged between the scope of jurisdiction enjoyed respectively by the English Football Association’s arbitral body and the English High Court, in cases where the contract in question does not specifically refer to Rule K or there is no written agreement. As will be discussed in further detail below, the present position is unsatisfactory: it leaves potential litigants in a state of uncertainty as to the lawful jurisdiction.
The Football Association Rules: Rule K
The rules of the English Football Association (the FA) include Rule K, which sets out an arbitration clause and a set of procedural rules for the determination of disputes referred to arbitration pursuant to the clause. Rule K 1 (a) states:
“Subject to Rule K1(b), K1(c) and K1(d) below, any dispute or difference between any two or more Participants (which shall include for the purposes of this section of the Rules, The Association) including but not limited to a dispute arising out of or in connection with (including the existence of validity of):
(i) the Rules and regulations of The Association which are in force from time to time
(ii) the rules and regulations of An Affiliated Association or Competition which are in force from time to time;
(iii) the statutes and regulations of FIFA and UEFA which are in force from time to time;...
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