Sports Arbitration in Qatar

As the name suggests, sports arbitrations take place in relation to the disputes arising out of a sport. Broadly speaking, sports disputes tend to fall into two categories: commercial disputes; and disputes of a disciplinary nature. The former covers disputes relating to the execution of commercial contracts, such as those relating to player transfers, broadcasting rights, sponsorship rights or the staging of sporting events. The latter covers alleged breaches of a particular governing body’s regulations designed to protect, amongst other things, the integrity of its sport, such as doping and match-fixing. [1]

Since the Fédération Internationale de Football Association (FIFA) World Cup is currently underway in Qatar, sports arbitration has become a hot topic for arbitration practitioners based in and around Qatar. As is the case with any major project, sports-related arbitrations are bound to arise during and after the world cup. Though FIFA World Cup 2022 is seen as an attempt to bring Qatar on the world map but in the area of sports it had already made some progress, for instance, Qatar is home to the only World Anti-Doping Association accredited anti-doping laboratory in the region. [2]

Most sports arbitrations occur pursuant to mandatory arbitration provisions that athletes accept as a term of participation. [3] Thus, while athletes have freely accepted these terms, they do so without any real alternative. [4]

In contrast to commercial arbitral awards, the awards of sports tribunals are often published by sports governing bodies and arbitral tribunals. [5] The European Court of Human Rights held that proceedings of the Court of Arbitration for Sport (CAS) must under certain circumstances be public. [6]

Another feature of sports arbitration is the importance given to the harmonisation of the awards, particularly to disciplinary matters such as doping. [7] Moroney and Rahman state the need for harmony in sports decisions “is largely due to the overriding objective to facilitate consistency of decisions and public sanctioning, so as to uphold the integrity of sport in the eyes of fellow athletes and the general public.” [8] Another author writes that consistency in a worldwide game like Football “would be impossible to achieve, or at least be greatly eroded if disputes were instead subject to the courts of FIFA’s 211 member associations.” [9]

The Applicable Rules

1. The FIFA Statutes

FIFA has given exclusive jurisdiction to the CAS to resolve disputes between FIFA, member associations, confederations, leagues, clubs, players, officials, football agents and match agents. [10] The recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations. [11] The disputes shall be decided by applying various regulations of FIFA in addition to Swiss law. [12] However, a recourse may only be made to the CAS after all other internal channels have been exhausted [13] except for (i) violations of the Laws of the Game; (ii) suspensions of up to four matches or up to three months; and (iii) decisions against which an appeal to an independent and duly constituted arbitration tribunal recognised under the rules of an association or confederation may be made. [14]

An obligation is also put on the confederations, member associations and leagues to recognise the CAS as an independent judicial authority and to ensure that their members, affiliated players and officials comply with the decisions passed by the CAS thus, giving more sanctity to the decisions of the CAS. [15]

2. Regulations for the FIFA World Cup Qatar 2022

Similar to Article 58 of the FIFA Statutes, the Regulations for the FIFA World Cup Qatar 2022 excludes the jurisdiction of the ordinary court of law and gives exclusive jurisdiction to FIFA. [16] It further provides, similar to the FIFA Statutes, that after exhausting all the internal channels at FIFA, the sole recourse to the Participating Member Associations and Delegation Members shall be the CAS and the arbitration proceedings shall be governed by the CAS Code of Sports-related Arbitration. [17] However, the exhaustion of the internal channels is not required where the result of such internal review is obvious from the very outset since in such cases the duty to exhaust legal remedies would only serve as a barrier and delay access to justice. [18]

3. Arbitration Rules for the 2022 FIFA World Cup Qatar Final Round

To take into account the circumstances of each of the events, the CAS establishes special procedural rules for each occasion. [19] Hence, for the FIFA World Cup 2022, it has published the Arbitration Rules for the 2022 FIFA World Cup Qatar Final Round.

The CAS sets up non-permanent tribunals, which it does for the Olympic Games, the Commonwealth Games or other similar major events. [20] The first ad hoc division of the CAS was created for the Atlanta Olympic Games in 1996. Similarly, for the FIFA World Cup 2022, the CAS has set up an ad hoc division in Qatar for quick resolution of disputes. [21] Though the CAS ad hoc divisions are present in the FIFA World Cup since 2006 but this is the first time that a CAS ad hoc panel is based in a world cup host nation. [22] In the previous edition of the world cup, fifteen ad hoc procedures were commenced. [23] This figure is expected to rise given the fact that this world cup has been marred by controversies since the time Qatar won the bid in 2010. At least two disputes have already surfaced in relation to this world cup. [24]

Ideally, the panel should give a decision within forty-eight hours of the lodging of the application though in exceptional circumstances this time limit may be extended. [25] This promptness in decision making ensures that the tournament runs on schedule without any hiccups. For instance, it might be necessary to determine the eligibility of a player or a team before an upcoming match or event. [26] While on the other hand, the quick resolution also means a shorter timeline for submissions which is criticised especially by lawyers as it may impact the right to have a fair hearing of the parties [27] and also brings along with it sleepless nights for the legal team working on the dispute. The decision is enforceable immediately and may not be appealed against or otherwise challenged thus making it binding on the parties to the dispute. [28]

Leading Sports Arbitration Institutions in Qatar

1. CAS

The CAS is one of the preferred forums for the resolution of these kinds of disputes. CAS is considered to be “the true supreme court of world sport” [29] and an independent institution that settles sports-related disputes through arbitration and mediation. [30] It was established in 1984 but it was not until 1986 that the first case was submitted to the CAS. The CAS is placed under the administrative and financial authority of the International Council of Arbitration for Sport (ICAS), a 20-member body that appoints its Director-General, facilitates arbitrator

appointments and hears challenges against the arbitrators. [31] Any disputes directly or indirectly linked to sport may be submitted to the CAS. Since its head office is in Lausanne, Switzerland, the seat of all the arbitrations administered by CAS is also Lausanne. [32]

The CAS has three divisions (i) the Ordinary Division which operates as a tribunal of the first instance in which the parties have agreed to submit the dispute to the CAS; (ii) the Appeals Division which operates primarily to rule on disputes arising from federations, associations or other sports-related bodies; and (iii) the Anti-Doping Division which operates especially for the doping-related disputes as a first instance authority or as a sole instance. [33] It is the final court of appeal for sporting federations such as FIFA and the Union of European Football Associations. [34] One of the main objectives of the CAS is to provide an alternative to the national courts that are often overburdened with litigations and lack specialised knowledge in this area.

2. Qatar Sports Arbitration Foundation and Qatar Sports Arbitration Tribunal

According to its website, the Qatar Sports Arbitration Foundation (QSAF) is an independent organisation with the primary purpose of resolving sport-related disputes within Qatar through arbitration and mediation. The incorporation of the QSAF came as a result of the cooperation between four sports entities in Qatar, namely: the Qatar Olympic Committee, the Qatar Football Association, the Qatar Stars League, and the Qatar Players Association. [35] It commenced operating in 2019.

The CAS has signed a memorandum of understanding (MoU) with the QSAF.[36] According to the MoU, QSAF will be the headquarters of the CAS during the FIFA World Cup 2022.

The Qatar Sports Arbitration Tribunal (QSAT) operates under the QSAF. It is incorporated as a “private institution for public benefit… with the primary purpose of resolving disputes in the sports sector through arbitration and mediation”. [37] Its governance structure is modelled on the CAS, with an Ordinary Arbitration Division and an Appeals Arbitration Division. [38]

The QSAT can arbitrate disputes of both domestic and international nature. [39] The QSAT contributes to Qatar’s development of a sophisticated and diverse legal landscape that enhances its overall business and commercial environment. [40] Though in its infancy, the QSAT has already delivered awards on some interesting issues. For instance, in one of its awards, it was held that the relationship and the nature of the contract between the players and the sports club is a labour contract governed by labour law and the concerned regulations. [41]

Author: Vikrant Nehra

[1] See, Types of Arbitration, available at: https://www.lexology.com/library/detail.aspx?g=5e4ab4b0-bb64-435d-b2f1-437384179d66 (last visited on December 10, 2022).

[2] Qatar to play a leading role and to be an internal hub for sports law, available at: https://www.businessstartupqatar.com/news/qatar-to-play-leading-role-and-be-internal-hub-for-sports-law/ (last visited on December 6, 2022).

[3] See generally, Compulsory consent in Sports Arbitration: Essential or Auxiliary, available at: http://arbitrationblog.kluwerarbitration.com/2016/04/12/compulsory-consent-in-sports-arbitration-essential-or-auxiliary/ (last visited on December 6, 2022).

[4] Resolving Sports Disputes in Qatar, available at: https://knowledgehub.josoorinstitute.qa/wp-content/uploads/2021/06/Zachary-Calo-Resolving-Sports-Disputes-in-Qatar.pdf (last visited on December 6, 2022).

[5] Id.

[6] Judgment of the European Court of Human Rights in Mutu & Pechstein v Switzerland (2 October 2018, nos. 40575/10 and 67474/10).

[7] Resolving Sports Disputes in Qatar, available at: https://knowledgehub.josoorinstitute.qa/wp-content/uploads/2021/06/Zachary-Calo-Resolving-Sports-Disputes-in-Qatar.pdf (last visited on December 6, 2022).

[8] An introduction to sports arbitration in the UAE, available at: https://www.lawinsport.com/topics/item/an-introduction-to-sports-arbitration-in-the-uae (last visited on December 6, 2022).

[9] Nick De Marco, Football and the Law (Bloomsbury, 2018) p. 484.

[10] See, FIFA Statutes, article 56 paragraph 1.

[11] See, FIFA Statutes, article 58 paragraph 2.

[12] See, FIFA Statutes, article 56 paragraph 2.

[13] See, FIFA Statutes, article 57 paragraph 2. See also Code of Sports-related Arbitration, article R52.

[14] See, FIFA Statutes, article 57 paragraph 3.

[15] See, FIFA Statutes, article 58 paragraphs 1 and 3.

[16] See, Regulations for the FIFA World Cup Qatar 2022, article 7 paragraph 2.

[17] See, Regulations for the FIFA World Cup Qatar 2022, article 7 paragraph. See also Code of Sports-related Arbitration, article R52.

[18] Royal Standard de Liège v. FC Porto (Player T.), CAS 2016/A/4720. See also George Yerolimpos v. World Karate Federation (WKF), CAS 2014/A/3576.

[19] CAS, Frequently Asked Questions, available at: https://www.tas-cas.org/en/general-information/frequently-asked-questions.html (last visited on December 6, 2022).

[20] CAS, Frequently Asked Questions, available at: https://www.tas-cas.org/en/general-information/frequently-asked-questions.html (last visited on December 6, 2022).

[21] See, Arbitration Rules for the 2022 FIFA World Cup Qatar Final Round, article 2.

[22] Qatar will benefit immensely from MoU with CAS, available at: https://www.insideqatar.com/qatar-will-benefit-immensely-from-mou-with-cas/ (last visited on December 6, 2022).

[23] CAS, STATISTICS, available at: https://www.tas-cas.org/fileadmin/user_upload/CAS_statistics_2020.pdf (last visited on December 6, 2022).

[24] Chile and Peru argued that the Ecuadorian player Byron Castillo was Columbian and illegally played in the qualifying matches. The Peruvian Football Federation contended for Ecuador to be excluded from the tournament and be replaced by Peru, while Chile’s football association wanted the eight games Castillo played in to be declared as forfeited. Though the CAS observed that false information was used on Castillo’s documents and imposed a fine of 100,000 Swiss francs (£87,600) and a three-point deduction on Ecuador going into the next World Cup qualifying round but Ecuador was able to retain its spot at the world cup as the CAS held that the nationality of a player is determined by national laws, Castillo was free to play as the Ecuadorian authorities acknowledged him as an “Ecuadorian national”. However, this controversy had an indirect impact and Castillo was left out of the squad of the Ecuadorian team for the world cup. The second such instance is the decision of the Deutscher Fußball-Bund e.V. to take FIFA to the CAS over FIFA’s ban on OneLove armbands meant for diversity and inclusion.

[25] See, Arbitration Rules for the 2022 FIFA World Cup Qatar Final Round, article 19.

[26] For e.g., the infamous case of Russian skater Kamila Valieva in the Beijing Olympics 2022. See, CAS OG 22/08 International Olympic Committee (IOC) v. Russian Anti-Doping Agency (RUSADA), CAS OG 22/09 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA) and Kamila Valieva and CAS OG 22/10 International Skating Union (ISU) v. Russian Anti-Doping Agency (RUSADA), Kamila Valieva and Russian Olympic Committee (ROC).

[27] Fifa and CAS set up an ad hoc division to handle World Cup disputes, available at: https://www.monitor.co.ug/uganda/sports/sports-columnists/fifa-and-cas-set-up-an-ad-hoc-division-to-handle-world-cup-disputes-4009558 (last visited on December 6, 2022).

[28] See, Arbitration Rules for the 2022 FIFA World Cup Qatar Final Round, article 22.

[29] Tribunal Federal [TF] [Swiss Federal Tribunal] May. 27, 2003, III Arrets du Tribunal Federal Suisse [ATF] 129 445 (Switz.).

[30] CAS, Frequently Asked Questions, available at: https://www.tas-cas.org/en/general-information/frequently-asked-questions.html (last visited on December 6, 2022).

[31] Sports Arbitration – CAS, TCAS and Everything In Between, available at: https://www.lexology.com/library/detail.aspx?g=9fd3008d-c62e-4512-9615-95be9bd8a1d4 (last visited on December 6, 2022).

[32] See, Arbitration Rules for the 2022 FIFA World Cup Qatar Final Round, article 7.

[33] Code of Sports-related Arbitration, article S20.

[34] Sports Arbitration – CAS, TCAS and Everything In Between, available at: https://www.lexology.com/library/detail.aspx?g=9fd3008d-c62e-4512-9615-95be9bd8a1d4 (last visited on December 6, 2022).

[35] QSAF, Overview, available at: https://www.qsaf.qa/en/overview/ (last visited on December 6, 2022).

[36] Qatar will benefit immensely from MoU with CAS, available at: https://www.insideqatar.com/qatar-will-benefit-immensely-from-mou-with-cas/ (last visited on December 6, 2022).

[37] Statutes of the Qatar Sports Arbitration Foundation, article 2.

[38] Statutes of the Qatar Sports Arbitration Foundation, article 8.

[39] For e.g., FIFA Regulations on the Status and Transfer of Players, Rule 22(b) provides that in “employment-related disputes between a club and a player of an international dimension; the aforementioned parties may…explicitly opt in writing for such disputes to be decided by an independent arbitration tribunal that has been established at national level within the framework of the association and/or a collective bargaining agreement.”

[40] Resolving Sports Disputes in Qatar, available at: https://knowledgehub.josoorinstitute.qa/wp-content/uploads/2021/06/Zachary-Calo-Resolving-Sports-Disputes-in-Qatar.pdf (last visited on December 6, 2022).

[41] QSAF arbitral decision no 3/2019, available at: https://www.qsaf.qa/wp-content/uploads/2020/09/%D8%A7%D9%84%D9%82%D8%B6%D9%8A%D8%A9-003-2019-%D8%AD%D9%83%D9%85-%D8%A7%D9%84%D8%AA%D8%AD%D9%83%D9%8A%D9%85_Redacted.pdf (last visited on December 6, 2022).