4th AIAF CONGRESS
_____
THE FUTURE OF
JUSTICE IN FOOTBALL
_____
May 1st and 2nd 2016
Abu Dhabi, United Arab Emirates – UAE
at The St Regis Abu Dhabi – Grand Luxury Hotels
A think tank specialised in Football Law
AIAF (International Association for Football Lawyers) gathers lawyers from all countries whose point of mutual interest is their professional practice in the field of football and who want to create and develop a professional network in order to exchange views and reflect on football law.
AIAF intends to be a main referent for public and private authorities that regulate football and to actively take part in the development of international and national football regulations.
Words of AIAF President
“AIAF is a think tank composed of lawyers from all around the world practicing in football law and regulation. Our goal is to share our experience and think together about the evolution of international football law or regulation by proposing recommendations for the best improvement of the system.
Having a strictly critical point of view would be irrelevant and is therefore too easy even if critics are necessary to go forward in the reflexion. We have to think of solutions all together in order to deal with all kinds of international football challenges (ethical, sporting, legal, social, economic, etc.).
We all believe legal instruments and tools can provide solutions which would guarantee the ethics of competitions while respecting the rights of the football stakeholders.
Our 4th Congress in Abu Dhabi was devoted to the future of Justice in Football.
We have decided to focus on international proceedings and to look into the topic of Justice in Football through international football bodies and the Court of Arbitration for Sport.
Why is this topic about Justice in football so exciting?
Because sports and more specifically football offer a unique experience to all of us. It is the only sector where legislative power, executive power and judicial power are globally
addressed beyond any State or national laws and where enforcement is also possible. There are no other similar situations on this planet! Even the United Nations cannot reach the same outcome.
The CAS is the only arbitration center of its kind in the world. There are no other courts of arbitration claiming to be the sole Supreme Court for one sector and more widely for all the sports stakeholders.
Nowadays, some of us are challenging the authority of the CAS. The question is what would replace the CAS if it had to be removed? How would we proceed if every football stakeholder could choose its Tribunal and the applicable law to its dispute and if every national court could choose its own principles of private international law to render justice every time it deemed having jurisdiction?
The system is undoubtedly imperfect and can be improved. It is with this perspective in mind that we have invited very important football stakeholders to give some thoughts on this matter among the members of AIAF and our colleagues from the Arabic peninsula.
The first day of the congress was dedicated to judicial bodies of the international football authorities. On the second day of the congress we focused on the international arbitration within football and the CAS in particular.
During both of these days we devoted the maximum period of time to the discussions with the audience and this is the reason why we asked speakers to refrain from making academic lectures and to foster free and open discussions.
The present statement summarizes our discussions.It suggests some recommendations that a majority of AIAF members have deemed to be relevant. It is of course not exhaustive and it has to be read as work in progress.
For a smooth organization between each roundtable we asked only one person per day to be MC host and moderator at the same time. This was a huge challenge for them and therefore I would like to particularly thank François CARRARD for having accepted to be moderator for the first day and David CASSERLY for the second.
I also would like to thank all participants, AIAF members, guest speakers, delegates with a special thanks to our colleague Saleh ALOBEIDLI and our main sponsor, the Abu Dhabi Sports Council without whom the organization of this fantastic congress would not have been possible.”
Patricia MOYERSOEN
Lawyer – Paris
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The St Regis
Abu Dhabi
Gatherings in Abu Dhabi held at the city’s
The St. Regis Abu Dhabi are certain to be memorable.
Whether business events, state affairs, milestone celebrations or elegant family affairs. For truly grand occasions of any kind, the Al Mudhaif Ballroom is the ultimate choice for a majestic venue.
The more intimate function rooms on the mezzanine levels enjoy access to The Library, a well-equipped business centre providing secretarial services, broadband and wireless Internet. Guests wishing to entertain or take time out will find the Crystal Lounge, Villa Toscana restaurant or Azura, which is converted into a Shisha bar in the evening.
All rooms are filled with natural light
and have millwork panelling, walls upholstered in embroidered leather, cove lighting, hand tufted carpets and blown-glass chandeliers. Guests attending events at the St. Regis Abu Dhabi have the choice of entering via a dedicated street entrance or through the reception hall and mezzanine level of the hotel.
Along with indoor parking and a valet service, the St. Regis commitment to exceeding expectation will guarantee an unforgettable experience.
Programme
4th AIAF Congress – Abu Dhabi 2016
Day 01
> May 1st 2016
SESSION 01
> Football judicial bodies
Moderator
François Carrard, Lawyer, Chairman of the 2016 FIFA Reform Committee, Lausanne, Switzerland
8:30 - 9:00
Reception of the delegates
9:00 - 9:15
Opening Words
Aref Hamad Al Awani, ADSC General Secretary
Saleh Alobeidli, Lawyer, Dubai, UAE
Patricia Moyersoen, Lawyer, AIAF President, Paris, France
9:15 - 9:30
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 - 9:45
Round-table 1
Exemplary case:
Uruguayan clubs / Conmebol
Speakers:
Daniel Cravo Souza, Lawyer, Rio de Janeiro – Brazil
Juan de Dios Crespo Perez, Lawyer, Valencia, Spain
9:45 - 11:00
Round-table 2
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.
Speakers:
James Kitching, Head of Sports Legal Services, Disciplinary and Governance AFC, Kuala Lumpur, Malaysia
Stefano La Porta, Lawyer, Rome, Italy
Saleh Alobeidli, Lawyer, Dubai, UAE
11:00 - 11:30
Coffee break
11:30 - 12:45
Round-table 3
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;
Speakers:
Emanuel Macedo De Medeiros, ICSS CEO of Europe and Latin America, Geneva, Switzerland
James Kitching, Head of Sports Legal Services, Disciplinary and Governance AFC, Kuala Lumpur, Malaysia
Patricia Moyersoen, Lawyer, AIAF President, Paris, France
12:45 - 14:00
Lunch
14:00 - 15:00
Round-table 4
Procedural deadlines
• The procedural timetable;
• Periods allowed for appeal;
• Time limits applying to the parties and to the committees.
Speakers:
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 - 16:00
Round-table 5
Respect of the rights of the defense
• The access to the file;
• Communication of evidence and case file materials;
• Being entitled to a fair trial.
Speakers:
Lucien Valloni, Lawyer, Zurich, Switzerland
Yuliya Morozova, Lawyer, Kiev, Ukraine
James Kitching, Head of Sports Legal Services, Disciplinary and Governance AFC, Kuala Lumpur, Malaysia
16:00 - 16:15
Coffee break
16:15- 17:15
Round-table 6
Sanctions and Proportionality
• Balance of interests (personal interest and general interest);
• The conflict of interest.
Speakers:
Joachim Rain, Lawyer, Ludwigsburg, Germany
Daniel Cravo, Lawyer, Porto Alegre, Brazil
Joao Nogueira Da Rocha, Lawyer, Lisboa, Portugal
17:15 - 17:30
Conclusion
François Carrard, Lawyer, Chairman of the 2016 FIFA Reform Committee, Lausanne, Switzerland
17:15 - 17:30
Presentation of the book
“The FIFA Regulations on working with intermediaries”
Michele Collucci (ed.)
19:30
Cocktail and Gala Dinner for AIAF Members and Guest Speakers
Day 02
> 19 September 2017
SESSION 02
> The Court of Arbitration for Sport (CAS)
Moderator
David Casserly, Lawyer, Lausanne, Switzerland
8:30 - 9:00
Reception of the delegates
9:00 - 9:15
Opening Words
Patricia Moyersoen, AIAF President, Layer (Paris – France)
9:15 - 9:30
Introduction
Why a private justice for Football?
Advantage and disadvantage
David Casserly, Lawyer, Lausanne, Switzerland
9:30 - 9:45
Round-table 7
Exemplary case: Ben ARFA/ FIFA
Speakers:
Christophe Bertrand, Lawyer, Paris, France
Jean-Jacques Bertrand, Lawyer, Paris, France
9:45 - 10:45
Round-table 8
Concent 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?
Speakers:
• Matthieu Reeb, CAS Secretary General, Lausanne, Switzerland
• Dennis Koolaard, Lawyer, Arnhem, Netherlands
• Lucas Ferrer, Lawyer, Barcelona, Spain
• Joachim Rain, Lawyer, Ludwigsburg, Germany
10:45 - 11:00
Coffee break
11:00 - 12:00
Round-table 9
Independence and impartiality
• The rules of nomination of the arbitrators.
Speakers:
• 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 - 13:00
Round-table 10
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.
Speakers:
Matthieu Reeb, CAS Secretary General, Lausanne, Switzerland
Marcelo Amoretty Souza, Lawyer, Porto Alegre, Brazil
Patricia Moyersoen, Lawyer, AIAF President, Paris, France
13:00 - 14:00
Lunch
14:00 - 15:00
Round-table 11
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.
Speakers:
Matthieu Reeb, CAS Secretary General, Lausanne, Switzerland
Luiz Ribeiro, Lawyer, Belo Horizonte, Brazil
Saleh Alobeidli, Lawyer, Dubai, UAE
15:00 - 16:15
Round-table 12
Sanctions and Proportionality
• The balance of interests (personal interest and general interest).
Speakers:
Emin Ozkurt, Lawyer, Istanbul, Turkey
François Klein, Lawyer, Paris, France
Daniel Cravo Souza, Lawyer, Porto Alegre, Brazil
16:15 - 17:00
Round-table 13
Enforcement of CAS awards
• What enforcement for private justice?
Speakers:
Juan de Dios Crespo Perez, Lawyer, Valencia, Spain
Christophe Bertrand, Lawyer, Paris, France
Lucien Valloni, Lawyer, Zurich, Switzerland
17:00 - 17:45
Round-table 14
Recent developments in Middle East’s newly established Sports Arbitration Centers
• What enforcement for private justice?
Speakers:
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
17:45 - 18:00
Conclusion
David Casserly, Lawyer, Lausanne, Switzerland
18:00
Closing of
the Congress
Patricia Moyersoen, Lawyer, AIAF President, Paris, France
Saleh Alobeidli, Lawyer, Dubai, UAE
Information
Intended audience:
AIAF Members, counsels and lawyers, representatives of associations or federations, Clubs’ officials, Players’ Agents and Sport State Authorities and companies in the “sport business”, sport channels representatives, media Specialists.
Venue:
The conference will take place at The St Regis Abu Dhabi – Grand Luxury Hotels – Nation Tower, Corniche, P.O. Box 60476 – Abu Dhabi, United Arab Emirates.
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