When Does A Domestic Tribunal Qualify As FIFA Compliant? A Case Study Of Azerbaijan
According to the article 22 paragraph 1(b) of the FIFA Regulations on the Status and Transfer of Players (RSTP)1 FIFA is competent to hear cases of employment-related disputes between clubs and players of an international dimension, unless parties agree in writing to address their disputes to national independent arbitration tribunal that guarantees fair proceedings and respects the principle of equal representation of players and clubs. In several decisions, FIFA Dispute Resolution Chamber (DRC) has decided to hear the case between clubs and players by finding that the national dispute resolution chamber (NDRC) was not an independent arbitration tribunal guaranteeing fair proceedings and respecting the principle of equal representation as to the article 22 paragraph 1(b) of the RSTP.2
In this article, firstly, the current dispute resolution system in organised football in Azerbaijan will be explained. Secondly, it will be analysed whether there is an NDRC in Azerbaijan that meets the requirements of FIFA. For this purpose, statutes and the relevant regulations of FIFA, jurisprudence of CAS and FIFA DRC, as well as the statutes and regulations of the Association of Football Federations of Azerbaijan (AFFA) will be comparatively discussed. Lastly, a few suggestions will be made for the potential national dispute resolution chamber in Azerbaijan.
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- Tags: Azerbaijan | Dispute Resolution | Domestic Tribunal | FIFA | FIFA Legal Handbook | FIFA RSTP | Football | Regulation & Governance | Sport
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Mahammad is a qualified lawyer in Azerbaijan, currently working as Legal Associate at BHM Law Firm and as Secondee at Formula 1 Azerbaijan Grand Prix. He holds an LL.M. in International Business Law degree from Central European University and an LL.B. degree from Baku State University. He is also a legal trainee at DRC Database where he prepares extracts from the FIFA DRC Decisions.