How to Pass the FIFA Agent Exam: Key Points to Note in The Procedural Rules Governing the Football Tribunal

Passing the FIFA Football Agent Exam.Series 3: The World of Football Agents

Introduction

The Procedural Rules Governing the Football Tribunal serve as a comprehensive framework for managing disputes and disciplinary matters within the football community. These rules establish the scope and jurisdiction of the tribunal, ensuring independence, confidentiality, and procedural fairness. They outline the rights and obligations of parties involved, set time limits for proceedings, and provide guidelines for evidence submission and decision-making. Specific procedures are detailed for various types of disputes, including those related to player status, training compensation claims, and regulatory applications. The document also addresses procedural matters such as mediation and the handling of complex cases. These rules aim to uphold integrity and fairness in football governance while providing a clear and consistent process for resolving disputes.

In this blog we will delve into the Procedural Rules Governing the Football Tribunal. Although a smaller and less detail-heavy section of the study materials, it does contain important information  and links together other aspects of the larger document. Hence, it is necessary to grapple this section for answering questions that may arise in the exam.

The Contents

The document contains a comprehensive framework governing the operations of the Football Tribunal. It begins with General Provisions, delineating the scope, jurisdiction, composition, and key principles such as independence, confidentiality, and exemption from liability. General Procedural Rules follow, outlining the rights and obligations of parties, communication protocols, time limits, evidence submission, meetings, decision notifications, language, and publication guidelines. Rules specific to disputes before various chambers, such as the Dispute Resolution Chamber, Players‘ Status Chamber, or Agents Chamber, are then detailed, covering procedures for claims, responses, counterclaims, submissions, adjudication, costs, and mediation. Further sections address rules specific to the solidarity mechanism, training compensation claims, and electronic player passport-related cases. Regulatory applications before the Players‘ Status Chamber are also discussed. The document concludes with Final Provisions, covering transitory matters, force majeure, authoritative text, adoption, and entry into force. Additionally, Annex 1 provides supplemental information. 

Top 5 Points to Note

Please note that the page numbers in brackets are relevant to the Study Materials PDF rather than the Procedural Rules Governing the Football Tribunal’s corresponding page. 

  1. Composition (pp313-314): Article 4 of the document outlines the composition of the Football Tribunal (FT) and its various chambers. It specifies that the chairperson of the FT must possess legal qualifications and is appointed by the FIFA Council for a four-year term. Similarly, chairpersons, deputy chairpersons, and members of each chamber are appointed for four years, with legal qualifications required for chairpersons and deputy chairpersons. Members of chambers must have a professional legal background with relevant football experience. The Dispute Resolution Chamber (DRC) comprises a chairperson, two deputy chairpersons, 15 player representatives, and 15 club representatives. The Players‘ Status Chamber (PSC) includes a chairperson, one deputy chairperson, and members appointed by relevant football entities. The Appeal Chamber (AC) follows a similar structure, with members appointed by various football stakeholders. 
  2. The General Secretariat (p315): Article 8 outlines the role of the FIFA general secretariat in supporting the administrative organization of the Football Tribunal (FT). It specifies that the general secretariat will provide administrative support to the FT and is empowered to make decisions as outlined in the procedural rules.
  3. Cost (p326): Article 25 of the document addresses the issue of costs associated with proceedings before the Football Tribunal. It stipulates that procedures are free of charge if at least one of the parties involved is a player, coach, football agent, or match agent. However, in other types of disputes, procedural costs are payable at the conclusion of the matter, as defined in Annex 1 of the rules. An advance of costs is required for proceedings before the Players‘ Status Chamber, except for regulatory applications. This advance must be paid by the claimant or counter-claimant upon lodging the claim or counterclaim. The chamber determines the amount each party must pay, considering factors such as the parties‘ degree of success and conduct during the procedure. In exceptional circumstances, the chamber may order FIFA to assume all procedural costs. A party ordered to pay procedural costs must comply within ten days of notification of the decision, providing proof of payment to the FIFA general secretariat. Additionally, no legal costs are awarded, and each party is responsible for bearing their own costs associated with the procedure.
  4. Training Reward Claims (p329): Article 27 outlines the procedure for submitting training reward claims according to relevant FIFA regulations. Claims for training compensation or solidarity mechanism must be submitted through the Transfer Matching System (TMS) and include various documents depending on the nature of the claim. These documents typically include details such as the claimant’s name and address, a statement of claim with arguments and evidence, bank account details, confirmation of the start and end dates of the claimant’s sporting season, the player’s career history, evidence of the claimant’s category, information about the respondent(s), details of player registration and transfer dates, evidence of professional contract offers (for training compensation claims), and specifics about the transfer on which the claim is based (for solidarity mechanism claims). These requirements ensure thorough documentation and support for training reward claims submitted to the Dispute Resolution Chamber.
  5. International Transfer or First Registration of a Minor (p333): Article 30 outlines the process for international transfers or first registrations of minor players according to relevant FIFA regulations. Member associations can apply via the Transfer Matching System (TMS) for the international transfer or first registration of a minor player, as well as for the first registration of a foreign minor player or a minor player not a national of the country where registration is sought but has lived continuously for at least the last five years in that country. Exceptions to the application requirement include cases where the minor is a national of the country of registration, is less than ten years old, or falls under a granted Long-Term Exception (LME). The application must include required documents as specified in the Guide to Submitting a Minor Application. For international transfers, the former member association where the minor was registered will be provided access to non-confidential documents via TMS and invited to make submissions within a regulatory time limit. However, for transfers related to humanitarian reasons, the former member association will not be notified of the application.

Practice Question

Answer at the bottom of the blog.

The Football Tribunal is composed of which chambers?

  1. The Dispute Resolution Chamber (DRC), the Players‘ Status Chamber (PSC) and the Appeal Chamber (AC)
  2. The Dispute Resolution Chamber (DRC), the Players‘ Status Chamber (PSC) and the Agents Chamber (AC)
  3. The Dispute Resolution Chamber (DRC), the Players‘ Status Chamber (PSC) and the Disciplinary Committee (DC)
  4. The Dispute Resolution Chamber (DRC), the Players‘ Status Chamber (PSC) and the Ethics Committee (EC)

Conclusion

In conclusion, the Procedural Rules Governing the Football Tribunal provide a robust framework for managing disputes and disciplinary matters within the football community. These rules ensure procedural fairness, independence, and confidentiality while outlining the rights and obligations of all parties involved. Specific procedures are detailed for various types of disputes, including those related to player status, training compensation claims, and regulatory applications. Key points to note include the composition of the Football Tribunal and its chambers, the role of the FIFA general secretariat in providing administrative support, the regulations regarding costs associated with proceedings, the procedure for submitting training reward claims, and the process for international transfers or first registrations of minor players. Grasping these essential aspects of the document is crucial for answering questions in the exam that require candidates to navigate the complexities of football governance and resolving disputes effectively within the sport.

Don’t forget, as well as our free resources available below and new additions weekly until the exam, if you want to take your preparation one step further, our next 8-hour comprehensive online How to Pass the FIFA Agent Exam Course with Dr Erkut Sogut and top sports lawyer, Daniel Geey, is taking place on 20th April 2024 and is open for registration through the link! 

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Practice Question Answer

The correct option is answer B. Please refer to page 313. 

by Dr. Erkut Sogut & Jamie Khan

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