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ARTICLE · 14 AUGUST 2006

Commercial Dispute Resolution Briefing - July 2006

Acceptance of FA rules submitting disputes to arbitration constitutes a waiver of rights under Article 6 of the European Convention of Human Rights

United KingdomLitigation, Mediation & Arbitration
Ian Pegram
Ian Pegram

Arbitration

Paul Stretford v (1) Football Association Ltd (2) Barry Bright1

Acceptance of FA rules submitting disputes to arbitration constitutes a waiver of rights under Article 6 of the European Convention of Human Rights

In a case in which the disciplinary procedure of the English Football Association ("FA") was upheld, football fever has even hit arbitration. The FA sought to stay legal proceedings brought against them by Mr Stretford, agent to Wayne Rooney, relying on their rules to which an agent is required to adhere as a condition of his licence; these rules refer disputes relating to the playing or administration of football to arbitration. Mr Stretford argued that the FA’s private disciplinary panel, which would arbitrate the dispute, did not comply with Article 6 of the European Convention on Human Rights (relating to the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law). Finding that the FA rules

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