英文_FIFA_国际足联俱乐部世界杯2025™仲裁规则_12页_238kb
报告摘要
FIFA CLUB WORLD CUP 2025™ ARBITRATION RULES SUMMARY
Core Content
The Arbitration Rules for the FIFA Club World Cup 2025™ are designed to provide a structured and efficient mechanism for resolving disputes that arise during the tournament, which runs from 14 June to 13 July 2025. These rules are based on the FIFA Statutes and the Code of Sports-related Arbitration, and are governed by the Court of Arbitration for Sport (CAS).
Main Objectives
- To ensure the resolution of disputes related to the FIFA Club World Cup 2025™ through arbitration.
- To promote fairness, efficiency, and the independence of arbitrators.
- To provide clear procedures for the submission, handling, and enforcement of arbitration applications.
Key Provisions
1. Jurisdiction and Scope
- The rules apply to disputes covered by Article 50 of the FIFA Statutes that arise during or in connection with the FIFA Club World Cup 2025™.
- Disputes must be submitted to the ad hoc Division of the CAS.
2. Ad Hoc Division Structure
- An ad hoc Division is established by the International Council of Arbitration for Sport (ICAS) for the duration of the FIFA CWC.
- The Division includes a special list of arbitrators, a President, and a Court Office.
3. Language and Seat of Arbitration
- Arbitration is conducted in English, French, or Spanish, as determined by the President of the ad hoc Division.
- The seat of arbitration is in Lausanne, Switzerland, but the ad hoc Division and Panels may act elsewhere as needed.
- Arbitration is governed by Chapter 12 of the Swiss Act on Private International Law.
4. Application and Filing Requirements
- Applications must be submitted in writing to the CAS Court Office in English, French, or Spanish.
- Applications must include: the challenged decision, a statement of facts and legal arguments, the request for relief, and any preliminary relief application.
- The application must be filed within the time limit set by Article 50 of the FIFA Statutes, after all internal remedies have been exhausted.
5. Panel Formation
- The President of the ad hoc Division appoints a Sole arbitrator or a Panel of three arbitrators from the special list.
- If the dispute is related to an existing one, the Panel may be assigned to handle both.
- The Court Office conveys the application to the Panel.
6. Arbitrator Independence and Qualifications
- Arbitrators must have legal training and recognized competence in sports.
- They must be independent and disclose any potential conflicts of interest.
- Arbitrators are available during the FIFA CWC and cannot act as counsel for any party.
7. Challenge and Disqualification
- Arbitrators may be challenged by a party if their independence is in question.
- The President of the ad hoc Division is responsible for handling such challenges and appointing replacements if necessary.
8. Procedure and Hearing
- The Panel has full control over the procedure and may choose between a hearing, videoconference, or telephone conference.
- The hearing must be held on very short notice, and parties must present all evidence and witnesses at the hearing.
- The Panel may decide not to hold a hearing if it is sufficiently informed.
9. Time Limits and Decision-Making
- The Panel must issue a decision within 48 hours of the application, unless extended by the President.
- Decisions are made by majority or by the President in case of a tie.
- The decision is final upon communication and may not be appealed.
10. Enforceability and Costs
- Arbitration decisions are immediately enforceable and cannot be challenged.
- Costs are generally borne by the parties, but the Panel may allocate them or provide a contribution to the prevailing party.
- The Panel determines the final amount of costs, which includes administrative, arbitrator, and witness expenses.
11. Referral to Regular CAS Procedure
- The Panel may refer unresolved disputes to the regular CAS procedure.
- If referred, the time limits of the Code of Sports-related Arbitration apply.
- The ad hoc Panel remains involved in the resolution process, and parties waive any contrary provisions in the Code.
Summary of Key Points
- Dispute Resolution: Disputes are resolved by the ad hoc Division of the CAS.
- Arbitrator Selection: Arbitrators are chosen from a special list, with strict independence requirements.
- Efficiency and Speed: The process is designed to be rapid, with hearings held on short notice and a 48-hour decision timeline.
- Enforceability: Awards are immediately enforceable and final.
- Cost Allocation: Costs are generally allocated to the parties, with discretion to provide contributions.
- Referral Mechanism: The Panel may refer unresolved issues to the regular CAS procedure, maintaining its involvement.
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