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4th AIAF Congress (Abu Dhabi - 1 & 2 May 2016)

THE FUTURE OF JUSTICE IN FOOTBALL


DAY 1

More information on the official AIAF Congress website

 

FOOTBALL JUDICIAL BODIES

 

Moderator

  • François CARRARD, Lawyer, Chairman of the 2016 FIFA Reform Committee, Lausanne, Switzerland

8:30: Reception of the delegates

9:00: Opening words

  • Patricia MOYERSOEN, Lawyer, AIAF President, Paris, France
  • E. Major General Mohammed Khalfan AL ROMAITHI, member of the AFC Executive Office

9:15: Introduction

Should the system of Justice in Football be improved and what should such improvements consist of? What legal guarantees should be provided to the Football stakeholders?

  • François CARRARD, Lawyer, Chairman of the 2016 FIFA Reform Committee, Lausanne, Switzerland

9:30: Exemplary case: Uruguayan clubs / Conmebol

  • Daniel CRAVO SOUZA, Lawyer, Porto Alegre, Brazil
  • Juan de Dios CRESPO PEREZ, Lawyer, Valencia, Spain

9:45: Access to Justice and Legal Remedies

Nature of the decisions issued by football bodies: Disciplinary bodies? Administrative bodies? What decisions are subject to appeal? Who can appeal? What is a party? What is an interested third party? Timeliness; The costs of the procedure; Transparency.

  • Emilio GARCIA, Head of UEFA Disciplinary and Integrity, Nyon, Switzerland
  • James KITCHING, Head of Sports Legal Services, Disciplinary and Governance AFC, Kuala Lumpur, Malaysia
  • Stefano LA PORTA, Lawyer, Rome, Italy 
  • Nasr El Din AZZAM, Lawyer, Cairo, Egypt

11:00: Coffee break

11:30: Independence and impartiality

The composition of the committees; The role of the Disciplinary Officer; The independence and impartiality of the members of the judicial bodies.

  • Emilio GARCIA, Head of UEFA Disciplinary and Integrity, Nyon, Switzerland
  • Emanuel MACEDO DE MEDEIROS, ICSS CEO of Europe and Latin America, Geneva, Switzerland
  • Markéta HAINDLOVA, Lawyer, Prague, Czech Republic

12:45: Lunch

14:00: Procedural deadlines

The procedural timetable; Periods allowed for appeal; Time limits applying to the parties and to the committees.

  • Juan de Dios CRESPO PEREZ, Lawyer, Valencia, Spain
  • Majed GAROUB, Member of FIFA Legal Committee and Lawyer, Jeddah, Saudi Arabia
  • Christian CHEVALIER, Lawyer, Paris, France

15:00: Respect of the rights of the defence

The access to the file; Communication of evidence and case file materials; Being entitled to a fair trial.

  • Emilio GARCIA, Head of UEFA Disciplinary and Integrity, Nyon, Switzerland
  • Lucien VALLONI, Lawyer, Zurich, Switzerland
  • Yuliya MOROZOVA, Lawyer, Kiev, Ukraine

16:00: Coffee break

16:15: Sanctions and Proportionality

Balance of interests (personal interest and general interest); The conflict of interest.

  • Emilio GARCIA, Head of UEFA Disciplinary and Integrity, Nyon, Switzerland
  • Daniel CRAVO, Lawyer, Porto Alegre, Brazil
  • Joachim RAIN, Lawyer, Ludwigsburg, Germany

17:15: Conclusion

  • François CARRARD, Lawyer, President of the 2016 FIFA Reform Committee, Lausanne, Switzerland

17:30: Presentation of the book “The FIFA Regulations on working with Intermediaries Michele COLUCCI (ed.)

19:30: Cocktail and Gala dinner for AIAF members and guest speakers


 

DAY 2

THE COURT OF ARBITRATION FOR SPORT (CAS)

 

Moderator

  • David CASSERLY, Lawyer, Lausanne, Switzerland

8:30: Reception of the delegates

9:00: Opening words

  • Patricia MOYERSOEN, Lawyer, AIAF President, Paris, France

9:15: Introduction

Why a private justice for Football? Advantage and disadvantage.

  • David CASSERLY, Lawyer, Lausanne, Switzerland

9:30: Exemplary case / Ben Arfa/ FIFA

  • Christophe BERTRAND, Lawyer, Paris, France
  • Jean-Jacques BERTRAND, Lawyer, Paris, France

9:45: Consent to arbitration and applicable law

Who is subject to the arbitration clause? Is a third party to a contract bound by the CAS jurisdiction? CAS jurisdiction (compulsory or contractual?) Lex sportiva? Swiss Law? National Laws? International Conventions and Treaties? European Law? The law chosen by the parties?

  • Matthieu REEB, CAS Secretary General, Lausanne, Switzerland
  • Dennis KOOLAARD, Lawyer, Arnhem, Netherlands
  • Lucas FERRER, Lawyer, Barcelona, Spain
  • Joachim RAIN, Lawyer, Ludwigsburg, Germany

10:45 Coffee break

11:00: Independence and impartiality

The rules of nomination of the arbitrators.

  • Matthieu REEB, CAS Secretary General, Lausanne, Switzerland
  • Emanuel MACEDO DE MEDEIROS, ICSS CEO of Europe and Latin America, Geneva, Switzerland
  • Marcelo AMORETTY SOUZA, Lawyer, Porto Alegre, Brazil

12:00: Legal Remedies and Procedural deadlines

The nature of the awards of the CAS; What legal remedies are available? Who can appeal? What is a party? What is an interested third party? The procedural timetable; The periods allowed for appeals; Time limits applying to the parties and to the CAS.

  • Matthieu REEB, CAS Secretary General, Lausanne, Switzerland
  • Marcelo AMORETTY SOUZA, Lawyer, Porto Alegre, Brazil
  • Patricia MOYERSOEN, Lawyer, AIAF President, Paris, France

13:00: Lunch

14:00: Respect of the rights of the defence

Access to the file; Communication of evidence and case file materials; Being entitled to a fair trial; Costs of the procedure; The right to access to Justice.

  • Matthieu REEB, CAS Secretary General, Lausanne, Switzerland
  • Luiz RIBEIRO,  Lawyer, Belo Horizonte, Brazil
  • Saleh ALOBEIDLI, Lawyer, Dubai, UAE

15:00: Sanctions and Proportionality

The balance of interests (personal interest and general interest).

  • Emin OZKURT, Lawyer, Istanbul, Turkey
  • François KLEIN, Lawyer, Paris, France
  • Daniel CRAVO SOUZA, Lawyer, Porto Alegre, Brazil

16:00: Coffee break

16:15: Enforcement of CAS awards

What enforcement for private justice?

  • Juan de Dios CRESPO PEREZ, Lawyer, Valencia, Spain
  • Christophe BERTRAND, Lawyer, Paris, France
  • Lucien VALLONI, Lawyer, Zurich, Switzerland

17:00: Recent developments in Middle East's newly established Sports Arbitration Centers

What enforcement for private justice?

  • Saleh ALOBEIDLI, Lawyer, Dubai, UAE
  • Dr. Abdullah AL HAYYAN, Professor of Law, Member of ICAS, GCC Court of arbitration, Kuwait
  • Bandar AL HAMIDANI, Deputy Chairman of the Disciplinary Committee of Saudi Arabian Football
  • Nasr El Din AZZAM, Lawyer, Cairo, Egypt

17:45 Conclusion

  • David CASSERLY, Lawyer, Lausanne, Switzerland

18:00: Closing of the Congress

  • Patricia MOYERSOEN, Lawyer, AIAF President, Paris, France
  • Saleh ALOBEIDLI, Lawyer, Dubai, UAE