• Home
  • Topics
  • How CAS Deals With ‘Lis Pendens’ (Cases Filed Simultaneously In A National Court)

How CAS Deals With ‘Lis Pendens’ (Cases Filed Simultaneously In A National Court)

Footballers Arguing
Friday, 22 April 2022 By Amir Arsalan Eskandari

What happens if the same legal issue, involving the same parties, are simultaneously filed in both a sports arbitral court and a national civil court?  Generally, this legal issue is known as ‘lis pendens[1],  and in the context of international sports arbitrations context, it has been raised in ten decisions published by the Court of Arbitration for Sport (CAS) [2] - although the panel only fully scrutinized the issue in three of them.[3]

The most recent of those cases is Club Al Arabi SC v. Ashkan Dejagah (2019/A/6626), which concerned a dispute over compensation due under a prematurely terminated player contract that was filed in both the Qatar Civil Courts (by the club) and FIFA Dispute Resolution Chamber (by the player).  This article analyses the case as it relates to lis pendens and the broader question of how CAS panels have approached the issue. Specifically, it looks at:

  • The general definition of lis pendens
  • The regulations on lis pendens applicable to CAS proceedings
  • What constitutes "serious reason" / "substantive grounds”?
  • Key points from the Club Al Arabi SC v. Ashkan Dejagah decision
  • Lessons for practitioners 

To continue reading or watching login or register here

Already a member? Sign in

Get access to all of the expert analysis and commentary at LawInSport including articles, webinars, conference videos and podcast transcripts.  Find out more here.

Related Articles

Written by

Amir Arsalan Eskandari

Amir Arsalan Eskandari

Amir Arsalan Eskandari is a sports law counsel in Iran and co-founder of a boutique sports law firm (Spoleg) in Iran. Spoleg is the first Iranian law firm with an exclusive focus on sports law which is operating at both national and international levels.

  • This email address is being protected from spambots. You need JavaScript enabled to view it.

Leave a comment

Please login to leave a comment.

Courses

Legal Advisors


Copyright © LawInSport Limited 2010 - 2022. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. LawInSport is not responsible for any actions taken or not taken on the basis of this information. Please refer to the full terms and conditions on our website.