Tax on transfers to Spanish clubs: Supreme Court ruling in Neymar & James Rodríguez cases
Published Friday, 09 August 2024.
Olympic drone drama: How FIFA sanctioned the Canadian women’s football team for spying
Published Friday, 02 August 2024.
Drafting basketball player-agent contracts and avoiding disputes: Key principles from BAT awards (Part 1)
Published Thursday, 18 July 2024.
More than just a number: how India is trying to tackle age fraud in sports
Published Friday, 12 July 2024.
The battle over the employment status of professional athletes: Amy Pieters v. SD Worx
Published Friday, 05 July 2024.
Reassessing data protection in anti-doping – key points of Advocate General Ćapeta’s opinion
Published Wednesday, 03 July 2024.
Demystifying Andretti’s failed F1 bid & anti-dilution fees explained
Published Saturday, 29 June 2024.
Key considerations for athletes for selection disputes
Published Friday, 21 June 2024.
Leicester City's legal challenge: Unpacking the EFL and Premier League allegations
Published Tuesday, 18 June 2024.
Sport Disputes And Disciplinary Proceedings – Annual Review 2023/24
Published Monday, 17 June 2024.
An introduction to sports horse agreements - the buying and selling of equine athletes
Published Wednesday, 05 June 2024.
The Shijiazhuang 23 (Part 1) – The Investigation: New York Times, ARD & USADA vs CHINADA & WADA
Published Friday, 31 May 2024.
Are esports ‘sports’ enough? Bahrain dispute raises questions about CAS’ jurisdiction
Published Friday, 17 May 2024.
The need for FIFA to ensure that football federations set up National Dispute Resolution Chambers
Published Monday, 13 May 2024.
Trading cards and trading blows – A review of the Panini v. Fanatics antitrust lawsuit
Published Wednesday, 10 April 2024.
First human rights challenge before Swiss Federal Tribunal after Semenya decision: Reiterates narrow scope of right of appeal
Published Thursday, 14 March 2024.
Pizza Bulls Trademark: Divergent Decisions in UK and EU Highlight Complexities of Global IP
Published Tuesday, 27 February 2024.
Case resolution agreed with Jenson Brooksby
The International Tennis Integrity Agency (ITIA) can today confirm that an agreement has been reached with American player Jenson Brooksby, which sees their period of ineligibility reduced to 13 months.
In October 2023, Brooksby - who reached a career-high world singles ranking of 33 in 2022 - was issued an 18-month suspension by an independent tribunal for missing three anti-doping tests in a 12-month period. However, new information relating to the circumstances giving rise to the missed tests - which had not previously been available to the ITIA or the independent tribunal during the initial hearing - was submitted as part of the player’s Court of Arbitration for Sport (CAS) appeal proceedings.
On the basis of a detailed review of the new information, the ITIA, in consultation with the World Anti-Doping Agency (WADA), determined that the player’s degree of fault for the Anti-Doping Rule Violation (ADRV) should be reassessed.
Following reassessment, the ITIA, WADA, and the player’s representatives agreed that Brooksby’s fault for the ADRV was not as high as previously found by the independent tribunal, and a 13-month sanction was appropriate. The sanction will be backdated to the date of the player’s third and final missed test. As such, Brooksby’s suspension is deemed to have begun on 4 February 2023, and will end on 3 March 2024. In reaching an agreement with the ITIA, the player has withdrawn their appeal to CAS.
Due to the nature of the new information disclosed, it is not possible for the ITIA to discuss the specific details behind the reassessment or offer further comment.
A Guide To How Trade Marks Work In Formula One®
Published Tuesday, 06 February 2024.
An analysis of the new CAS Guidelines on examining vulnerable witnesses and testifying parties
Published Wednesday, 24 January 2024.
What is the best way to resolve disputes in sport?
Published Thursday, 18 January 2024.
What does the future of integrated approaches to sports integrity look like?
Published Friday, 12 January 2024.
Sports Law In 2024 – Key Issues to Watch in Europe
Published Thursday, 04 January 2024.
The Swiss Federal Tribunal’s key sports law judgments of 2023
Published Friday, 15 December 2023.
Guidance on PSR Rules from Premier League’s Independent Commission in Leicester City’s case
Published Friday, 09 August 2024.
The evolution of betting and match-fixing regulation in Italian football – key regulations and cases
Published Tuesday, 06 August 2024.
Drafting basketball player-agent contracts and avoiding disputes: Key principles from BAT awards (Part 2)
Published Thursday, 18 July 2024.
‘Golden Mitigation’ in football: Lessons from the Nottingham Forest's Profitability & Sustainability Regulations Appeal decision
Published Monday, 15 July 2024.
Key sports law cases in Australia – Part 2: Social media & anti-doping
Published Tuesday, 09 July 2024.
No independent judge, no EU review: Anti-doping case dismissed by ECJ
Published Wednesday, 03 July 2024.
Manchester City's legal action & the Premier League’s regulations on Associated Party Transactions
Published Tuesday, 02 July 2024.
Ensuring fair play in the sports courts – why we need disclosure guidelines in sports disciplinary proceedings
Published Tuesday, 25 June 2024.
Navigating the use of image rights for Polish National Football Team Players
Published Wednesday, 19 June 2024.
Professional golf at a crossroads: what next for the PGA Tour & LIV Golf?
Published Monday, 17 June 2024.
An analysis of Sandro Tonali's FA Betting Rules breach case & key takeaways for players
Published Friday, 14 June 2024.
The Shijiazhuang 23 (Part 2) – Why didn't WADA challenge CHINADA’s decision? And should they have done?
Published Friday, 31 May 2024.
The “Luxemburg VAR”: How the EU’s preliminary ruling procedure works
Published Thursday, 23 May 2024.
Swiss Federal Tribunal rules on clause excluding FIFA & CAS jurisdiction through footballer’s employment contract
Published Wednesday, 15 May 2024.
Slam dunk justice: The BAT’s game-changing Payment Order Procedure for basketball disputes
Published Friday, 12 April 2024.
The FA v Kian Harratt - Context and Individuality in The FA’s Betting Rule Enforcement
Published Wednesday, 27 March 2024.
The battle for live sports data - IMG Arena score first in dispute with Perform
Published Thursday, 14 March 2024.
UEFA as a neutral regulator of football tournaments? What is to come from the CJEU’s Superleague judgment?
Published Monday, 26 February 2024.
Swiss Federal Tribunal reiterates the importance of time limits to safeguard procedural fairness
Published Tuesday, 13 February 2024.
Balancing parallel governing body and police investigations: When to press pause and when to push back
Published Friday, 26 January 2024.
FIFA introduces new regulatory framework for national dispute resolution chambers
-
FIFA Council approves the National Dispute Resolution Chamber Recognition Principles, incorporating the new National Dispute Resolution Chamber Standard Regulations
-
Landmark modernisation of the regulatory framework for national dispute resolution chambers, which was unchanged for almost two decades
-
Revised framework to provide clarity and legal certainty
FIFA has reached a key milestone in the modernisation of the regulatory framework for national dispute resolution chambers (NDRCs) following the approval by the FIFA Council in December 2023 of the National Dispute Resolution Chamber Recognition Principles, which incorporate the new National Dispute Resolution Chamber Standard Regulations.
The regulatory framework for NDRCs was unchanged for almost two decades, and it thus became increasingly evident that it no longer served the current needs of all football stakeholders.
This new regulatory framework for NDRCs has been thoroughly discussed with stakeholders from the professional game, whose expertise and commitment have been pivotal in the adaptation of the relevant framework.
The key objectives of the revised framework are to provide clarity and the necessary legal certainty with regard to jurisdiction, structure, applicable requirements and potential formal and permanent recognition by FIFA of existing NDRCs.
The new relevant regulatory framework consists of the National Dispute Resolution Chamber Recognition Principles, which establish, inter alia, the required standards for a national dispute resolution system to be recognised by FIFA and the revised National Dispute Resolution Chamber Standard Regulations, which are designed to assist member associations with the establishment of procedural rules to govern the organisation, composition and functions of an NDRC.
FIFA will continue improving the FIFA regulations in line with the Strategic Objectives for the Global Game: 2023-2027.
The National Dispute Resolution Chamber Recognition Principles and the accompanying Annexe (National Dispute Resolution Chamber Standard Regulations), the revised edition of the Regulations on the Status and Transfer of Players, as well as the Explanatory Notes on the New Regulatory Framework for National Dispute Resolution Chambers are available on legal.fifa.com.
National Dispute Resolution Chamber Recognition Principles
Explanatory Notes on the New Regulatory Framework for National Dispute Resolution Chambers
Circular no. 1876 - National Dispute Resolution Chamber: new Recognition Principles and Standard Regulations
TO THE MEMBER ASSOCIATIONS OF FIFA
Circular no. 1876
Zurich, 18 January 2024
National Dispute Resolution Chamber: new Recognition Principles and Standard Regulations
Dear Sir or Madam,
We are pleased to inform you that at its meeting on 17 December 2023, the FIFA Council approved the National Dispute Resolution Chamber Recognition Principles, incorporating the new National Dispute Resolution Chamber Standard Regulations. In this context, the following paragraphs set out the amendments to the FIFA regulatory framework for your information.
Regulatory framework to operate national dispute resolution chambers
a. General overview
The Regulations on the Status and Transfer of Players (RSTP) have long recognised that instead of submitting employment-related disputes to FIFA or seeking redress before a civil court, parties may opt to submit such disputes to a national dispute resolution system, provided that the system meets minimum and fundamental procedural requirements. A national dispute resolution system for employment-related disputes is colloquially known as a “national dispute resolution chamber” or an “NDRC”
In this context, FIFA circular no. 1010 of 20 December 2005 defined these minimal procedural requirements, and in 2007, FIFA enacted the National Dispute Resolution Chamber Standard Regulations to serve as guidelines for member associations when establishing a national dispute resolution system.
This regulatory framework remained unchanged for almost two decades. It therefore become increasingly evident that it had become outdated and that it no longer served the current needs of all football stakeholders.
Modernising the football regulatory framework has been one of FIFA’s key pillars since the launch of FIFA 2.0 and improving the FIFA regulations remains a key objective, being also part of the Strategic Objectives for the Global Game: 2023-2027. For this reason, over the past months, the regulatory framework for NDRCs has been modernised and revised in cooperation with all football stakeholders.
The key objectives of this revised framework, which derogates the 2005 and 2007 FIFA provisions in this field, are to provide clarity and the necessary legal certainty with regard to the jurisdiction, structure, applicable requirements and a possible formal, permanent recognition by FIFA of existing NDRCs.
The new relevant regulatory framework consists of the following:
1. National Dispute Resolution Chamber Recognition Principles, which establish:
- the required standards for a national dispute resolution system to be recognised by FIFA;
- the recognition procedure of an NDRC at FIFA level;
- the requirements FIFA applies to accept jurisdiction of an NDRC;
- the process for the renewal of recognition of an NDRC;
- the process for the revocation of recognition of an NDRC;
- the publication of a list of the NDRCs that have obtained valid recognition, together with the period of recognition; and
- disciplinary tools to ensure compliance with the proposed regulatory framework.
2. Revised National Dispute Resolution Chamber Standard Regulations, which are included as an Annexe to the National Dispute Resolution Chamber Recognition Principles and which:
- constitute a generic sample of applicable provisions, which meet the procedural requirements as per the National Dispute Resolution Chamber Recognition Principles;
- are designed to assist member associations with the establishment of procedural rules to govern the organisation, composition and functions of an NDRC;
- clarify that any procedural regulations of an NDRC must comply with the standards set out in the National Dispute Resolution Chamber Standard Regulations, unless a deviation has been validly agreed within a collective bargaining agreement; and
- clarify in which provisions the National Dispute Resolution Chamber Standard Regulations give a member association scope to define the exact regulatory or procedural framework of an NDRC with flexibility.
b. Entry into force of the National Dispute Resolution Chamber Recognition Principles
Articles 1 to 3 and 6 to 10 of the National Dispute Resolution Chamber Recognition Principles, which relate to the NDRC recognition process, will enter into force on 1 February 2024.
In order to provide a transition period until the new requirements and a possible recognition of an NDRC fully apply, the remaining provisions of the new regulatory framework will enter into force on 1 January 2025.
Member associations, which currently operate an NDRC, have until 1 June 2024 to submit a formal request for recognition of their NDRC to FIFA, should they wish that their NDRC continue operating as a formally recognised NDRC under the new regulatory framework.
Amendments to the Regulations on the Status and Transfer of Players
Due to the new regulatory framework for NDRCs, certain amendments and additions to the RSTP have to be introduced.
They are of a technical nature only and relate to the requirements under which FIFA may cede jurisdiction in light of an existing and recognised NDRC.
In particular, the relevant amendments concern article 22 paragraph 1 b) and c); article 26 paragraph 1 c) (new); article 26 paragraph 4; and article 29.
The amendments to the RSTP will come into force on 1 February 2024.
The National Dispute Resolution Chamber Recognition Principles and its Annexe (National Dispute Resolution Chamber Standard Regulations), the revised edition of the RSTP, as well as the Explanatory Notes on the New Regulatory Framework for National Dispute Resolution Chambers are available on legal.fifa.com.
Please do not hesitate to contact Jan Kleiner, Director Football Regulatory, at
We thank you for taking note of the above and for informing your affiliated clubs accordingly.
Yours faithfully,
FÉDÉRATION INTERNATIONALE
DE FOOTBALL ASSOCIATION
What could the Giraudo (Former Juventus CEO) case mean for the Italian justice system and sport?
Published Tuesday, 09 January 2024.
Navigating The FA Cup Player Eligibility Rules for 2023-24 and pitfalls to avoid for football clubs
Published Thursday, 21 December 2023.
The end of the FIFA Agents Cap and the beginning of a less restrained standard of competition review in sport?
Published Thursday, 14 December 2023.