Arbitration

Agreement to Arbitration

1. (a) Subject to Rule K1(b) below, any dispute or difference (a “dispute”) between any two or more Participants (which shall include, for the purposes of this section of the Rules, The Association) including but not limited to a dispute arising out of or in connection with (including any question regarding the existence or validity of)

(i) The Rules and Regulations of The Association;
(ii) The rules and regulations of an Affiliated Association or Competition;
(iii) The Statutes and Regulations of FIFA and UEFA; or
(iv) The Laws of the Game shall be referred to and finally resolved by arbitration under these Rules.

(b) Rule K1(a) shall not apply to any dispute or difference which falls to be resolved pursuant to any rules from time to time in force of any Affiliated Association or Competition.
(c) Rule K1(a) shall not operate to provide an appeal against the decision of a Disciplinary Commission or Appeal Board under the Rules of The Association and shall operate only as the forum and procedures for a legal challenge on the grounds of breach of contract to any such decision. Commencement of Arbitration
2. (a) Any party or parties wishing to commence an arbitration under these Rules (the Claimant(s)) shall serve on the other party or parties to the dispute a written notice of arbitration (the Notice of Arbitration) which shall set out

(i) the names and addresses of the parties to the arbitration;
(ii) a brief statement describing the nature and circumstances of the dispute and specifying the relief claimed;
(iii) any proposals in relation to the procedures for the arbitration as proposed amendments to the procedures set out in these Rules; and (iv) the name and address of the Claimant(s)’s appointment to act as arbitrator (between them if more than one).

(b) Where The Association is not a party to the dispute, the Claimant(s) shall send a copy of the Notice of Arbitration to The Association at the same time as it is sent to the other party or parties.
(c) Within 14 days of service of the Notice of Arbitration, the other party or parties (the Respondent(s)) shall each serve on the Claimant(s) and any other Respondent(s) a response to the Notice of Arbitration (the Response(s)) which shall set out:

(i) an admission or denial of all or part of the claims set out in the Notice of Arbitration;
(ii) a brief statement of the nature and circumstances of the Respondent’s denial, if any, and of the nature and circumstances of any counterclaim;
(iii) a response to any proposals made by the Claimant in the Notice of Arbitration in relation to the procedure for the arbitration; and
(iv) the name and address of the Respondent(s)’s appointment to act as arbitrator (between them if more than one).

(d) Where The Association is not a party to the dispute, each Respondent shall send a copy of its Response to The Association at the same time as it is sent to the other party or parties.

The Tribunal

3. (a) In these Rules, “Tribunal” means the arbitrator or arbitrators appointed pursuant to these Rules to determine the dispute. A Tribunal of three arbitrators shall be appointed unless the parties agree otherwise.
(b) The Claimant(s) and the Respondent(s) shall within 14 days of service of the Response(s) agree to the appointment of a third arbitrator who shall act as Chairman of the Tribunal.
(c) (i) Where, in a dispute to which The Association is not a party, any party fails to serve a Response under Rule K2(c) above within 14 days of service of the Notice of Arbitration, the Chairman of The Association shall appoint an arbitrator on behalf of the Respondent(s) and shall appoint the Chairman of the Tribunal. Such appointments shall be made within 14 days after the date upon which the Response(s) should have been served. A Respondent shall have no right to oppose such arbitrator(s) who shall be treated as if appointed (or agreed to in respect of the appointment of the Chairman) by the Respondent(s).
(ii) Where, in a dispute to which The Association is a party, any party fails to serve a Response under Rule K2(c) above within 14 days of service of the Notice of Arbitration, the Claimant shall forward a copy of the Notice of Arbitration to the President of the Chartered Institute of Arbitrators who shall appoint an arbitrator on behalf of the Respondent(s) and shall appoint the Chairman of the Tribunal. Such appointments shall be made within 14 days after the date upon which the Response(s) should have been served. A Respondent shall have no right to oppose such arbitrator(s) who shall be treated as if appointed (or agreed to in respect of the appointment of the Chairman) by the Respondent(s).
(iii) Where the parties cannot agree on the appointment of a third Arbitrator who shall act as Chairman of the Tribunal under Rule K3(b) above.

(1) in a dispute in which The Association is not a party, the Chairman of The Association shall appoint the Chairman of the Tribunal as appropriate.
(2) in a dispute in which The Association is a party, the President of the Chartered Institute of Arbitrators shall appoint the Chairman of the Tribunal as appropriate.

(d) Each arbitrator must be, and remain, impartial and independent of all the parties to the arbitration at all times. Each arbitrator must be resident in England.
(i) Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence. A party who intends to challenge an arbitrator shall send to the other party or parties a notice of challenge setting out the reasons for its challenge within 14 days after notification of the appointment of the challenged arbitrator, or within 14 days from the date when the party making the challenge is informed of the facts and circumstances upon which the challenge is based if such date is subsequent to the receipt of such notification. A copy of the notice shall be sent at the same time to the arbitrator who is challenged and the other members of the Tribunal and The Association or the President of the Chartered Institute of Arbitrators (in the event that either appointed the arbitrator challenged). The notification shall be in writing and shall state the reasons for the challenge.
(ii) If the other party or parties do(es) not agree to the challenge or the challenged arbitrator does not withdraw, the decision on the challenge will be made, in a dispute in which The Association is not a party, by the Chairman of The Association or in a dispute in which The Association is a party, by the President of the Chartered Institute of Arbitrators. If the challenge is sustained, a replacement Arbitrator shall be appointed pursuant to Rule K3(f).
(e) In the event that the procedure for the appointment of any arbitrator fails, upon the application by any party or parties, The Chairman of The Association (in a dispute to which The Association is not a party) or, the President of the Chartered Institute of Arbitrators (in a dispute to which The Association is a party) shall make such appointments as are necessary.
(f) If, for any reason, an arbitrator becomes unable to act or refuses to act, a replacement shall be appointed in the same manner as the original appointment.

Procedure

4. (a) The parties shall be entitled to agree on all matters of procedure and evidence arising in connection with the arbitration. If or to the extent that there is no such agreement, the Tribunal shall determine all procedural and evidential matters.
(b) Those matters may include (but are not limited to):

(i) the procedure for submitting written statements of claim, defence and counterclaim and reply;
(ii) the procedure for the production and inspection of documents or property;
(iii) the procedure for submitting other material to the Tribunal, including whether to apply strict rules of evidence or any other rules as to the admissibility, relevance or weight of any material tendered by a party on any matter of fact or expert opinion and to determine the true manner and form in which such material should be exchanged between the parties and presented to the Tribunal;
(iv) whether there should be a hearing or hearings before the Tribunal or whether the dispute should be determined on the basis of written submissions and documents alone.

(c) As soon as is practicable after it has been appointed, the Tribunal shall arrange a meeting with the parties and/or their representatives to determine the procedure for the arbitration.
(d) The Tribunal may fix a time within which any directions given by it are to be complied with and may, if it considers fit, extend the time so fixed (whether or not it has expired).
(e) In the event of default by either party in respect of any matter under these Arbitration Rules or of any procedural order or direction of the Tribunal, the Tribunal shall have the power, upon application by any party or of its own motion:

(i) to debar that party from further participation, in whole or in part, in the arbitration; and/or
(ii) proceed with the arbitration and deliver its award; and/or
(iii) make such other order as it sees fit.

(f) Parties may be represented in an arbitration conducted under these rules by a solicitor or barrister or any other individual of their choice.

Award

5. (a) The Tribunal shall make its award (the Award) in writing and, unless all parties otherwise agree in writing, shall state the reasons for its decision. The Award shall be dated and signed by the Tribunal. Without prejudice to its obligations under Rule K6, the Tribunal shall inform The Association of its Award and provide The Association with a copy of any written decision.
(b) The Award shall be final and binding upon the parties as from the date it is made.
(c) The parties shall be deemed to have waived irrevocably any right to appeal, review or recourse to a Court of law.
(d) Where there were three Arbitrators and the Tribunal fails to agree on any issue, the Arbitrators shall decide that issue by a majority. Failing a majority decision on any issue, the Chairman of the Tribunal shall decide that issue.

Confidentiality

6. (a) The parties shall preserve and respect the confidentiality of the arbitration proceedings, including the issues in the dispute and the evidence and arguments presented by the parties.
(b) Except with the prior written agreement of the parties to the arbitration, no disclosure shall be made to any third party of the existence of the proceedings, the contents of any documents or other evidence produced in the arbitration or any procedural decision of the Tribunal or its Award, or any part of them save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce an award.

Costs

7. The Tribunal shall have the power but not the obligation to make such order against one or more of the parties as it considers appropriate as to the costs of the arbitration, which shall include the fees and expenses of the arbitrators and any hearings and the parties’ legal and other costs in the arbitration, including administrative costs (if any).

Service of Documents

8. Any document served under these Rules (including any Notice of Arbitration or Response) must be served personally or by first class post, registered post, or facsimile transmission. In the absence of proof to the contrary, any document served by first class post or by registered post shall be deemed to have been served on the third day after the date of posting or, in the case of any document served by facsimile transmission, on the date such facsimile transmission was sent.

Governing Law

9. These rules and any arbitration pursuant to them shall be governed by English law. The Tribunal shall apply English law (both procedural and substantive) in determining any dispute referred to arbitration under the Rules. The arbitration shall take place in England.