In China, it is mandatory that a labor contract dispute be submitted to specific labor arbitration tribunals. If the parties do not agree with the arbitral award, they can then bring an action before an ordinary civil court. This is the general rule for all the contractual labor disputes.
The most important law that the judicial authority refers to is the Labor Contract Law of the People's Republic of China (Labor Contract Law). When it comes to a contract concluded between a football player or coach and a Chinese football club however, it should be noted that it can be a little bit tricky.
According to Article 33 of Sports Law of the People's Republic of China, any dispute arising from competitive sports activities should be meditated or arbitrated by sports arbitration institutions. The establishment of such sports arbitration institutions and the scope of its jurisdiction should be regulated by the State Council of the People's Republic of China. However, so far, the State Council has not established or enacted any regulations in this regard.
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.).
Register today and stay tuned to the latest legal news.
Get started