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CAS jurisdiction confirmed in dispute over activities of players' agent

03 December 2015

Authors: Nathalie Voser; Jörn Eschment

In a French-­language decision dated 9 November 2015 and published on 3 December 2015, the Supreme Court rejected a football club's petition to set aside a Court of Arbitration for Sport (CAS) award on the ground that the sole arbitrator had wrongfully accepted jurisdiction in a dispute as to whether certain activities by a players' agent fell under the 2008 FIFA Regulations Players' Agents (RPA).
The Supreme Court held that the arbitrator's jurisdiction derived directly from the CAS Code and the FIFA Statutes and that his findings regarding the nature of the players' agent's activities were of factual nature and, as such, outside the Supreme Court's scrutiny. Finally, according to the Supreme Court, the arbitrator had also not unduly reversed the burden of proof to the disadvantage of the football club. (Decision 4A_176/2015.)

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Published in Practical Law Arbitration



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