IN THIS NEWSLETTER:

Top 10 most recent and relevant decisions
Article 'Training compensation and the importance of a valid waiver' by DRC Database editor mr. Frans de Weger
Another unique book of the “Sports Law” series: Settlement Of Football Disputes

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The 10 most recent and relevant decisions of Dispute Resolution Chamber

The DRC Database team updates this top 10 of the most relevant decisions continuously . This results in an up to date list of the most relevant, of the latest, decisions.

1. DRC Case Number 8112849: "Strict prerequisites Art. 6 Par.3 Annex 4 RSTP"
2. DRC Case Number 811829: "An association and its right for solidarity contribution"
3. DRC Case Number 5111860: "No correct reference in buy out clause"
4. DRC Case Number 411375: "No training compensation in women football"
5. DRC Case Number 129880: "Obligation for players and clubs to reduce damages"
6. DRC Case Number 79612: "Loss of a possible transfer fee can be compensated"
7. DRC Case Number 109868: "Discretionary power of the DRC regarding art. 17"
8. DRC Case Number 79612 "Only training compensation for previous club"
9. DRC Case number 69816: "Extension of the art. 6 par. 3-offer"
10. DRC Case number 69311: "Relegation clause is valid according to the DRC"

Download the top 10 most recent and relevant decisions for free on our website.

Nr 4. of the top 10 (DRC Case Number 411375) "No training compensation in women football" :
One of the most recent cases of the “top ten most recent and relevant decisions”, is the case of the DRC of 7 April 2011 (411375), in which the DRC explicitly decided that the training compensation system, as such, at least for the time being, could not be applied to women’s football. According to the DRC women’s football shows a scenario completely diverse from men’s football. The DRC committee concluded that the system of training compensation was thus only applicable to men’s football.

Please note that it is quite remarkable that the training compensation system is not applicable to women’s football since in the “Definitions Section” of the FIFA RSTP is stated that “Terms referring to natural persons are applicable to both genders. Any term in the singular applies to the plural and vice-versa”. However, based on the this recent DRC decision we must take into consideration that the DRC in future cases will decide that the training compensation system only applies to men’s football.


Training compensation and the importance of a valid waiver
In the daily practice of international football, professional football clubs still face difficulties with regards to the system of training compensation. As result of insufficient expertise regarding the applicable rules and jurisprudence of FIFA in that respect, sometimes clubs rely too easily on statements of agents, players or clubs that a training compensation will not be due. This article focusses on this issue, more specifically on how a club can be sure that a former club validly waived its right for training compensation. In this article, the most important cases before the DRC will be discussed. At the end, clubs will be provided with a legally correct provision as result of which the new club can be ascertained that no training compensation is due. Download the complete article (pdf)



SETTLEMENT OF FOOTBALL DISPUTES
on the basis of analysis of the practice of FIFA Dispute Resolution Chamber and Court of Sports Arbitration in the city of Lausanne
  Mikhail Prokopets, Denis Rogachev, Frans de Weger

Another unique book of the “Sports Law” series is dedicated to the analysis and systematization of the practice of FIFA Dispute Resolution Chamber (FIFA DRC) and Court of Sports Arbitration (CAS) in the city of Lausanne on the most important issues, which arise in the course of day-to-day practice of clubs and players. For the first time in Russia, beside consideration of the procedural norms of FIFA DRC and CAS, the authors attempted to classify the practice of twelve most common football problems, such as: unilateral termination of employment contract, unilateral contract prolongation option, solidarity mechanism, compensation for training, compensation for contract termination without good cause, imposition of sports sanctions, etc. The authors have considered and given their opinions on the most widely discussed football cases, such as the cases of Webster, Matusalem and de Sanctis, etc.

The book was published in the beginning of March 2012. Please note that this book for now will only be published in Russian.


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