Introduction
The Court of Arbitration for Sports (CAS) is one of the two bodies established under Article S1 of the Code of Sports-Related Arbitration (Edition of 1 February 2023) with an exclusive mandate to determine sports-related disputes through mediation and arbitration.
Through its media release of 27 January 2023, CAS informed the general public of the decisions reached by the International Council of Arbitration for Sports (ICAS) to establish a legal aid fund for football-related disputes known as the Football Legal Aid Fund (FLAF) under the new Guidelines on legal aid which became effective from 1 February 2023.
To accommodate the changes, CAS established the new Guidelines on Legal Aid before the Court of Arbitration for Sports as of 1 February 2023 which superseded the latest Guidelines issued on 1 November 2020. The new Guidelines accommodate provisions guiding qualifications and accessibility to the Football Legal Aid Fund (FLAF). To understand the new Guidelines, this brief represents our observation and approach.
Qualifications for a person/entity to become a FLAF beneficiary:
- One must be a natural person, including agents who are licensed without sufficient means to proceed at CAS.
- One should have insufficient income to cover the costs of the proceedings.
- One should possess supporting documents to justify his/her incapacity.
- The Fund is exclusively useful only for football-related dispute matters referred to CAS.
- The Fund shall be applicable to disputes initiated at CAS on or after 1 February 2023.
Exceptions for a football club to be a beneficiary of FLAF:
- Must be affiliated with a member association of FIFA.
- Must belong to club category IV of FIFA Table of club categorization for training compensation.
- At the time of the request, the club’s financial situation was not allowing it to cover any arbitration costs.
- Should not be under judicial administration (winding up/ bankruptcy).
- The Fund shall be applicable to disputes initiated at CAS on or after 1 February 2023.
How does the system work?
FLAF will work in conjunction with the existing legal aid regime under CAS. It covers necessary court proceeding costs such as court fees, among others. Other expenses such as reimbursement for counsel expenses can be claimed where there is justification. In exceptional cases, reimbursement can be provided in advance. As before, matters of FLAF’s beneficiaries shall be tried by arbitrators who are pro bono counsels.
Benefits
We have recently witnessed a rise in disputes between football players and their clubs. Considering the sports industry is growing in Tanzania, qualified players, football clubs, and agents for the Fund might be struggling in obtaining funding for cases referred to CAS. This brief informs the general public and our esteemed customers of the availability and accessibility of this opportunity.
Conclusion
CAS has tried to ensure that the sports community accesses justice. This initiative, which widens the scope of obtaining legal aid, will increase access to justice for players who, due to financial difficulties, lost several of their rights. It is the responsibility of legal aid providers, sports legal practitioners, and FIFA member’s associations to inform prospective beneficiaries on the existence of this aid.
Disclaimer
The information provided in this brief does not and is not intended to, constitute legal advice. Instead, all information, content, and materials available herein are for general informational purposes only.
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