The case involves a complex dispute between the Saudi Arabian Football Federation (SAFF), the Iraqi Football Association (IFA), and FIFA, adjudicated by the Court of Arbitration for Sport (CAS). The conflict arose during the 2018 FIFA World Cup qualifiers, focusing on the right of national associations to host home matches and the procedural fairness of FIFA's decisions. The dispute began when SAFF requested neutral venues for matches against Iraq due to political tensions and a Saudi travel ban to Iran, where Iraq typically hosted its home games. FIFA denied this request, leading SAFF to challenge the decision, arguing a violation of its right to be heard. The CAS ruled that FIFA had breached procedural fairness by failing to consult SAFF before making its decision, as required by Article 14(1) of the FIFA World Cup Regulations. The CAS emphasized that while FIFA has the authority to intervene in match scheduling, it must adhere to procedural safeguards and engage in meaningful dialogue with member associations.
The case also addressed jurisdictional issues, with SAFF arguing that FIFA's decision was appealable under Article 58 of the FIFA Statutes, which allows appeals to CAS unless explicitly excluded. FIFA contended that its World Cup Regulations declared certain decisions, including this one, as final and binding, thus not subject to appeal. The CAS panel rejected this argument, ruling that lower-level regulations cannot override the FIFA Statutes, which guarantee the right to judicial review. The panel affirmed CAS's jurisdiction to hear the appeal, reinforcing the principle that associations must align their regulations with higher-ranking legal norms.
On the merits, the CAS found that FIFA's decision to move both home and away matches to neutral venues lacked a legal basis. While FIFA cited equal sporting treatment and safety concerns, the panel noted that no security issues or sanctions justified relocating SAFF's home match in Saudi Arabia. The panel criticized FIFA for not negotiating with SAFF beforehand and for unilaterally imposing neutral venues. It also dismissed IFA's arguments that SAFF should not benefit from its own wrong, as no fault or unlawful interference by SAFF was proven. The travel restrictions imposed by the Saudi government were deemed unrelated to FIFA statutes.
Ultimately, the CAS upheld SAFF's appeal, setting aside FIFA's decision and affirming SAFF's right to host the match in Saudi Arabia unless new security concerns arose. The ruling underscored the importance of procedural fairness and the limits of FIFA's regulatory authority, ensuring that member associations' rights are protected. The case highlights the challenges of balancing political tensions, security concerns, and fair competition in international football, while reinforcing the role of CAS in resolving such disputes. The decision clarified the hierarchical relationship between FIFA's Statutes and its regulations, ensuring that procedural rights are upheld in sports governance.