Rubiales v FIFA CAS Award: Standards of acceptable conduct and proportional sanctions
The Court of Arbitration for Sport[1] has published its award (“Award”) dismissing an appeal by Luis Rubiales, the former president of the Real Federación Espanõla de Fútbol (the “RFEF”) and former vice-president of UEFA, against FIFA concerning his three-year suspension from any football related activity for behaving in a manner deemed contrary to the principles of the FIFA Disciplinary Code 2023 (“FDC”).
Mr Rubiales filed an appeal against the FIFA Appeals Committee Decision (the “Appealed Decision”) rendered on 16 January 2024 which upheld a three-year ban following behaviour contrary to Article 13 of the FDC at the Final of the 2023 FIFA Women’s World Cup.
The appeal sought to set aside the Appealed Decision or, in the alternative, to set it aside partially and amend the sanction, or in the further alternative, apply any other disciplinary measures. The CAS Panel determined that the behaviour of Mr Rubiales at the Final constituted multiple and serious violations and saw no reason to consider the sanction disproportionate.
The Award is available here.
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- Tags: Court of Arbitration for Sport (CAS) | Dispute Resolution | Ethics | FIFA | FIFA Ethics Code | Football | Governance | Regulation
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Written by
Samuel Cuthbert
Samuel is a Barrister practising from chambers at 4 New Square Chambers. Samuel is described by Legal 500 as “a real star of the future” in sports law. Samuel regularly acts on behalf of athletes, clubs, and national governing bodies. Samuel is instructed in CAS proceedings, rule K arbitrations, and sporting appeals. Notably Samuel has appeared in front of FA Appeal Boards, and FIBA Appeal Boards. He is currently instructed in several ongoing anti-doping prosecutions, financial regulatory disputes, and a number of high-profile safeguarding matters before arbitral panels and in the High Court. Samuel recently acted in High Court proceedings following the transfer of Emiliano Sala, and was also counsel for the National League in Southend FC’s appeal against the imposition of a £1m bond. Samuel is currently representing an international football player in relation to betting charges. Samuel’s commercial and sports practices frequently overlap and he is often instructed to advise sports clients, including both clubs and players in the premier league, in relation to commercial disputes.
His practice encompasses sports regulation, betting, safeguarding, disciplinary cases, anti-doping cases, and commercial sports matters. Samuel regularly appears in CAS proceedings, rule K arbitrations, and sporting appeals. Samuel is also instructed in sports related inquests, and is also experienced in litigating head injuries in sport. Samuel is currently instructed in High Court proceedings on behalf of a major football club in a multi million pound dispute with its key sponsor, and has previously acted in arbitrations born out of similar facts. He recently appeared before the International Basketball Federation (FIBA) Appeal Board in a matter for which the underlying claim was worth £5,000,000.
David Winnie
David is partner and the head of sports at Gilson Gray. 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.
