Profile: Court of Arbitration for Sport

The Court of Arbitration for Sport rules against the Swiss club FC Sion and its goalkeeper Essam El Hadary in a dispute over the player’s transfer from the Egyptian club Al Ahly two years ago. The decision confirms a ruling of FIFA’s Dispute Resolution Chamber (see April 16, 2009) that ordered compensation to be paid to Al Ahly for the transfer and banned Sion from signing new players for two transfer windows. Although the original ruling is altered in some minor ways, the transfer ban remains in force. [Court of Arbitration for Sport, 6/1/2010 ]

UEFA files an application with the Court of Arbitration for Sport for a decision on the FC Sion case. Although Sion was thrown out of the Europa League for fielding ineligible players (see September 2, 2011), it has taken the dispute to civil courts in Switerland (see Morning, September 13, 2011 and September 23, 2011), which UEFA does not approve of. [UEFA, 10/11/2011]

The Court of Arbitration for Sport decides some procedural issues in the dispute between UEFA and the Swiss club FC Sion over the club’s expulsion from the Europa League (see September 2, 2011 and September 26, 2011). The court confirms its competence to decide the merits of the case, dismisses a request by FC Sion for a stay of proceedings, and confirms the nomination of the arbitrator originally chosen by FC Sion. In addition, the court’s statement sent to the parties twice states that FC Sion is committing “clear abuse of [court] procedures” through its attempts at legal maneuvering. [UEFA, 10/15/2011]

The Court of Arbitration for Sport sets the date of the hearing in the Europa League dispute between UEFA and the Swiss Club FC Sion for November 24. UEFA ejected Sion from the Europa League for fielding ineligible players (see September 2, 2011) and since then there has been a series of legal disputes between the parties (see September 26, 2011 and October 14, 2011). The date is conditional on it being approved by the two parties. [UEFA, 10/25/2011] The court will rule in December, mostly in favour of UEFA (see December 15, 2011).

The key hearing in the dispute between UEFA and the Swiss club FC Sion over the latter’s ejection from the Europa League is held before the Court of Arbitration for Sport. The hearing follows a long dispute between UEFA and the club (see September 2, 2011). [UEFA, 12/15/2011] The court will mostly rule in favor of UEFA (see December 15, 2011).

The Court of Arbitration for Sport issues a ruling in the dispute between UEFA and the Swiss club FC Sion that is largely favorable to the Europan governing body. The court finds that UEFA is not under a duty to reintegrate Sion into the 2011-2012 Europa League, a competition from which it had been banned for fielding ineligible players (see September 2, 2011). However, the court does not rule in favor of UEFA on some other matters. For example, it refuses to declare that UEFA regulations and disciplinary measures are not in conflict with Swiss law. Sion is ordered to pay two thirds of the costs of proceedings—with UEFA making up the other one third—and also to make a contribution to UEFA’s legal costs. [CAS 2011/O/2574 UEFA v. Olympique des Alpes SA/FC Sion: Arbitral Award, 12/15/2011 ]