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2015 Football Governance Partially Upheld English Appeal Procedure

Parties & Representatives

Respondent Representative: Alexander Alaev

Arbitrators

President: Andras Gurovits

Decision Information

Decision Date: August 17, 2016

Case Summary

The Court of Arbitration for Sport (CAS) issued an award on 17 August 2016 in a dispute between the Association of Unions of Football Players and Coaches (Appellant) and the Football Union of Russia (FUR, Respondent) concerning the validity of elections for the Chairman and Deputy Chairman of the FUR's Dispute Resolution Chamber (DRC). The CAS panel, composed of András Gurovits, Michael Beloff, and Rui Botica Santos, addressed jurisdictional, procedural, and substantive issues under Swiss and Russian law. The Appellant, recognized by FIFPro, challenged the July 2015 elections, arguing violations of the Dispute Resolution Regulations (DRR), including improper quorum, candidate eligibility, and procedural irregularities. The Respondent contested CAS jurisdiction and the Appellant's standing, asserting the elections complied with the DRR.

The Panel affirmed CAS jurisdiction, citing arbitration clauses in FIFA and FUR statutes, and ruled the appeal admissible within the 21-day deadline. It determined the Appellant, as a "football-related person," had standing due to its fiduciary role in ensuring fair DRC representation. On the merits, the Panel upheld the election of Chairman Mr. Lyakhov, finding no procedural violations, but annulled the election of Deputy Chairman Mr. Pivovarov due to his executive role at a football club, which violated DRR impartiality requirements. The Panel noted Pivovarov's election also deviated from DRR voting rounds but deemed this reasonable under the circumstances. It rejected claims of quorum violations, interpreting the DRR as requiring only a voting majority, not a presence quorum.

The Panel emphasized the importance of procedural fairness and impartiality in sports governance, highlighting the Appellant's role in safeguarding equitable dispute resolution. While annulling Pivovarov's election, it declined to order new elections, trusting the FUR to conduct them properly. The case underscores the balance between strict procedural adherence and flexible, fair outcomes in arbitration. The CAS award clarified jurisdictional standards, the timeliness of appeals, and the interpretation of sports regulations, reinforcing the integrity of dispute resolution mechanisms in football.

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