The Case Of Tevfik Arif’s Doyen – The Court Of Arbitration For Sport Denies Its Ruling Was Declared ‘Illegal’ By Belgian Court

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Doyen Sports has reasons to celebrate as a Belgian court has ruled in its favor. However, according to the latest reports, the International Council of Arbitration for Sport (CAS) has announced that “it’s not a party to the procedure in Belgium.”

More About the Case

Tevfik Arif, who owns Doyen Sports Investment with his two brothers, spoke about the case but things seem to be changing now.

Doyen Sports Investment, a Malta based company, which has a big presence in Europe, provides services to football players and football clubs, including providing advice and managing careers.

With an office in London, the company is able to serve international clients around the globe. It has carved a niche in the industry with its excellent repute and hard work.

Many believe that this historic victory by Doyen Sports Investment would also put more faith in the company as it has proven its mettle by going against some of the biggest organizations in the world and coming out victorious.

While Tevfik Arif and others from the Doyen Sports Investment team have yet to give an official statement on the happenings, there’s already a major roadblock here.

The Issue?

The matter had been in the court for a few years since 2015 when Doyen Sports Investment joined hands with RFC Seraing to sue sports organizations to reverse FIFA’s decision to ban the use of investment funds to own players.

The two organizations also challenged several other of FIFA’s decisions, but experts believe that they were mainly interested in getting the ban of the use of investment funds to own players reversed.

The Outcome

The Brussels Court of Appeal, which heard the matter, despite FIFA’s request to move it to Zurich, ruled against sports organizations in a historic statement.

According to the statement, released in the last week of August, all matters related to sports will now be heard in local courts. The 25-page report highlighted the matter in detail and discussed other aspects as well.

The ruling would allow players and clubs to fight against sports organizations in local courts. However, surprisingly, The International Council of Arbitration for Sport (CAS) has announced that “it’s not a party to the procedure in Belgium.”

What CAS Has to Say

A press release published by CAS says that “most articles and comments on this matter do not properly reflect the reasons expressed by the Brussels Court of Appeal regarding the jurisdiction of CAS.”

CAS has challenged the jurisdiction of the Brussels Court of Appeal. According to the report”

“the Brussels Court of Appeal rejected an objection against its own jurisdiction to rule on the dispute between Doyen Sports/RFC Seraing and FIFA/UEFA/URBSFA/FIFPro. The Court said that, in the light of Belgian law, the arbitration exception does not apply in this particular matter, on the grounds that the arbitration clause in the FIFA Statutes is not specific enough.”

The report confirms that things would’ve been different had the questionable “clause been more detailed.”

The Points Highlighted in the PR

The press release also highlighted potential problems arising out of the situation especially since the court has not declared any CAS arbitration clause as “illegal” in its judgment.

Moreover, there’s also precedent available in this case in the 2016 case of IS and Pechstein handled by the German Federal Tribunal. The decision then was a clear indication of “the status of CAS as a genuine independent arbitration tribunal.”

The PR highlighted the potential risk as well. It said:

“One may potentially end up with two contradictory decisions: one issued by the Belgian courts, enforceable in Belgium only, and the original one issued by CAS (and which was confirmed by the Swiss Federal Tribunal), enforceable in the rest of the world.”

Nonetheless, the official statements agreed that the proceedings in this matter are still ongoing and things may change in the future.

What the Court Has to Say

The Belgian court has yet to respond to the claims made by CAS. However, experts believe that the matter is very controversial as it appears to be challenging the court’s decision.

The Doyen Sports Investment case is one of the hottest cases in the sports world. Experts believe it has the potential to change how players and clubs handle business since the decision does not only impact a single player or club but the sport on an international level.

This is also why The Court of Arbitration does not appear to be accepting the judgment silently. It seems to be in a mood to fight but it does not look like there will be much success since Tevfik Arif and his team of lawyers appear to be prepared for what’s to come.

Check this space for the latest happenings in this controversial case.

Article Source:

https://www.law360.com/sports/articles/1081696/sport-court-denies-its-arbitration-was-declared-illegal-

 

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