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Football-legal
12
Mar
2020
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José Alejandro SIERRA
CAS
Cases
Colombia International
Football Legal # 16

Interpretation of Local Regulations – A Limit for CAS


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TAS 2018/A/6057 CA Nacional c. CD Tulua & Federacion Colombiana de Futbol
Date of the decision: 2020-03-12
Arbitrator(s): Roberto Moreno Rodríguez Alcalá Gustavo Albano Abreu Juan Pablo Arriagada Aljaro

A few months ago, a legal case captured the attention of lawyers and football fans in Colombia since one of the most important clubs in this country, Atletico Nacional S.A. (Nacional), ended up condemned to pay severance to Corporación Club Deportivo Tuluá (Cortulua). This huge amount of money was paid after the local procedure before national federation was exhausted and a Court of Arbitration for Sport (CAS) arbitral award was declared null and void by the Supreme Swiss Court.

Beyond the facts and legal discussions brought by the attorneys during the process, locally and internationally and the final decision which was taken by sports authorities to resolve the dispute[1] - which probably deserves to be treated in another article - what the author wishes to highlight is the impact and risk that a CAS decision may entail when interpreting the rules of procedure set out by a local federation.

In this regard, it is imperative to mention that the Colombian Football Federation (FCF) is a non-profit entity regulated by Colombian laws and subordinated to FIFA’s regulations. According to the FCF’s Statutes, this entity is divided into amateur and...

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Topics
  • CAS
  • Disciplinary disputes
Keywords
  • Colombian Football Federation (FCF)
  • Court of Arbitration for Sport (CAS)
  • Disciplinary litigation
  • Exhaustion of domestic legal remedies
  • National Regulations
  • Sporting sanctions
  • Swiss Federal Tribunal (SFT)
Find out more
  • Swiss Federal Tribunal Dismisses Revision Application - SFT, 4A_564/2020, 7 June 2021
Authored by
José Alejandro SIERRA
About José Alejandro SIERRA
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