How FIFA Tribunals Are Assessing Covid-19 Force Majeure Disputes (Hiddink v Maldives F.A.)
The Players’ Status Chamber of the FIFA Football Tribunal (the FIFA Tribunal) has handed down its decision in Hiddink v Football Association of Maldives,[1] entering judgment in favour of the Dutch football coach René Hiddink (Mr Hiddink) in his claim against his former employer (FAM).
The decision is important in its restatement and application of FIFA’s policy in respect of Covid-19, and the interaction of that policy with force majeure provisions in football contracts. The authors acted as counsel for Mr Hiddink.
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- Tags: Covid-19 | Dispute Resolution | FIFA | FIFA RSTP | Football | Regulation
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Written by
Ashley Cukier
Ashley is a barrister at Littleton Chambers specialising in commercial litigation and sports law. He was last year named by Chambers & Partners as an ‘Up and Coming’ Sports Law barrister (the only junior barrister recognised as such in last year’s rankings), and is now regularly sought out by solicitors and sporting bodies, as both counsel and as an arbitrator. He was recently appointed as one of the barristers conducting the investigation into unlawful discrimination at Yorkshire County Cricket Club. His sports practice is focused particularly on contractual and regulatory disputes, especially in a footballing context where, over the past year, he has appeared in and presided over a number of FA Rule K arbitrations, FIFA Football Tribunal claims and EFL proceedings, often against counsel much his senior. He speaks several languages and is often sought out to assist on cases containing international elements and/or involving questions of foreign law, jurisdiction and enforcement.
David Winnie
David is partner and the head of sports at Burlingtons Legal LLP. His practice spans a wide range of transactional and regulatory areas of sports law.
David specialises in commercial and regulatory advice to clients in the sports and media sectors. His experience includes acting for athletes and rights holders on sponsorship matters. He also regularly advises on governance issues in sport and on player contracts, football transfers and image rights structures.
David has acted for clients in cases before the Football Association's (FA) Rule K Arbitration, the EFL Compensation Committee, FIFA's Football Tribunal and the Court of Arbitration for Sport (CAS) in Lausanne.
Prior to his career in law, David was a professional football player and coach at the highest levels. He played in Champions League, UEFA Cup and ECWC competitions and won the Scottish FA Cup as a player. David also represented his country at U21 level.
