The case CAS 2012/A/2688 involved a dispute between Persisam Putra Samarinda, Deltras Sidoardjo FC, Pelita Jaya FC, and two individuals against the Football Association of Indonesia (PSSI). The appellants challenged the PSSI Executive Committee's refusal to convene an extraordinary congress despite a written request from two-thirds of its members, as required by Article 31 of the PSSI Statutes. They argued that this refusal violated the statutes and sought recourse through the Court of Arbitration for Sport (CAS). The CAS panel, composed of Patrick Lafranchi, Ulrich Haas, and Angelo Cascella, examined whether it had jurisdiction under the PSSI Statutes and FIFA regulations.
The PSSI Statutes provided for a national arbitration tribunal to handle internal disputes, but such a tribunal had not been established. The appellants contended that the absence of this tribunal should allow CAS to assume jurisdiction. However, the panel ruled that the mere absence of a national arbitration tribunal did not automatically confer jurisdiction on CAS, emphasizing that jurisdiction must be explicitly granted by the statutes or regulations of the body whose decision is being appealed, as per Article R47 of the CAS Code.
The panel also considered whether FIFA Statutes, particularly Article 61, granted CAS jurisdiction. Article 61 allows appeals against final decisions of FIFA’s legal bodies, confederations, members, or leagues, but only after exhausting internal remedies. The panel noted that Article 62(3) of the FIFA Statutes places the responsibility on the member association (PSSI) to determine the means of recourse against its decisions. The CAS concluded that Article 61 did not independently grant appellants the right to appeal PSSI decisions directly to CAS.
Furthermore, the PSSI Statutes (Article 71) explicitly limited CAS jurisdiction to appeals against final FIFA decisions, excluding internal disputes unless they involved violations of FIFA regulations. Since the dispute was internal to PSSI and did not involve a FIFA decision, the CAS determined it lacked jurisdiction. The panel underscored that the PSSI’s failure to establish its own arbitration tribunal did not override the statutory framework, which reserved internal disputes for national resolution.
The CAS dismissed the appeal, affirming that neither the PSSI Statutes nor the FIFA Statutes provided a basis for its jurisdiction. The decision reinforced the principle that CAS jurisdiction must be explicitly recognized in the governing statutes of the body whose decision is contested, and the absence of an internal arbitration mechanism does not automatically transfer jurisdiction to CAS. The ruling highlighted the importance of adhering to statutory dispute resolution mechanisms within national football associations.
The document also outlines the procedural and jurisdictional framework for resolving disputes within football associations, specifying that appeals to CAS must be made within 21 days of a decision and only after exhausting all internal channels. CAS does not handle appeals related to violations of the Laws of the Game, short suspensions (unless doping-related), or decisions that can be appealed to an independent arbitration tribunal under association rules. Confederations, members, and leagues must recognize CAS as an independent judicial authority and ensure compliance with its decisions, with recourse to ordinary courts prohibited unless explicitly allowed by FIFA regulations.
Associations are required to include clauses in their statutes prohibiting disputes from being taken to ordinary courts, mandating arbitration instead, either through a recognized tribunal or CAS. Violations of these obligations are subject to sanctions, with appeals against sanctions also required to go through arbitration. The AFC Statutes reinforce these principles, requiring member associations to comply with FIFA and AFC regulations, adopt arbitration clauses, and recognize CAS's jurisdiction. Disputes involving member associations, clubs, officials, or players must be submitted to CAS after exhausting all internal appeals, with CAS decisions being final and binding.
The document further references the Indonesian Sport Arbitration Board (BAKI), which handles disputes within the Indonesian Olympic Committee (KOI) and its members, with decisions being final unless an appeal to CAS is expressly permitted. The PSSI Congress decisions regarding club admissions to the Indonesian Super League are noted as part of the broader dispute resolution context. The framework emphasizes arbitration over litigation, ensuring disputes are resolved within the sport's governance structures.
Ultimately, the CAS panel concluded that neither the PSSI Statutes nor the FIFA or AFC Statutes provided a valid arbitration agreement granting CAS jurisdiction over the dispute. The decision underscored the need for clear statutory provisions to establish jurisdictional authority and reinforced the principle that internal disputes must be resolved through the mechanisms outlined in the relevant association