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2012 Football Disciplinary Jurisdiction denied English Appeal Procedure

Parties & Representatives

Decision Information

Decision Date: October 12, 2012

Case Summary

The case centers on Claudio Daniel Borghi Bidos, an Argentine national and coach of the Chilean National Football team, who appealed a disciplinary decision by FIFA. The incident occurred during a match between Chile and Venezuela on June 9, 2012, when Borghi was expelled in the 85th minute. On June 28, 2012, FIFA's Disciplinary Committee imposed a fine of CHF 7,000 and a five-match suspension. Following an appeal, FIFA's Appeal Committee reduced the suspension to four matches on October 8, 2012, with one match already served. The remaining suspension was to be served in upcoming World Cup qualifiers. Borghi then filed an appeal with the Court of Arbitration for Sport (CAS) on October 10, 2012, requesting a stay of the decision. He argued that the suspension would cause irreparable harm to his coaching position and right to work, citing video evidence as grounds for a likely successful appeal. He also claimed the balance of interests favored him, as he could serve the suspension later. FIFA responded the next day, asserting that CAS lacked jurisdiction under Article 67(3)(b) of the FIFA Statutes, which excludes appeals for suspensions of up to four matches. The CAS President examined the jurisdictional issue under Swiss Private International Law and the CAS Code, concluding that CAS indeed had no authority to hear the appeal due to the four-match suspension limit. As a result, the request for provisional measures was dismissed, and the arbitration procedure was terminated without costs, except for a retained CHF 1,000 fee. The order emphasized CAS's lack of jurisdiction and ended the case without further examination of admissibility or merits. The decision was rendered by the Deputy President of the CAS Appeals Arbitration Division, who confirmed the CAS's inability to intervene in the dispute. The arbitration procedure (CAS 2012/A/2948) was subsequently removed from the CAS roll, and the order was issued without costs, except for the retained fee. The ruling underscores the CAS's position that it lacked the authority to adjudicate this specific matter between the parties.

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