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2004 Football Eligibility Jurisdiction denied English Appeal Procedure

Parties & Representatives

Appellant Representative: Juan de Dios Crespo Pérez
Respondent Representative: Michel Zen-Ruffinen

Arbitrators

President: Ercus Stewart

Decision Information

Decision Date: December 15, 2004

Case Summary

The case revolves around a dispute between Ismailia Sporting Club and the Confédération Africaine de Football (CAF) concerning the eligibility of player Ahmed Garba Yaro Yaro during the 2003 African Champions League final. Ismailia SC, having lost the final to Enyimba of Nigeria, contested the player's eligibility and filed a protest with the CAF Organizing Committee, which rejected the claim on June 7, 2004, confirming Enyimba as the winner. Ismailia SC then appealed to the CAF Appeal Committee, which upheld the decision on July 8, 2004. The club subsequently sought arbitration from the Court of Arbitration for Sport (CAS), filing a statement of appeal on June 9, 2004, and an appeal brief on July 15, 2004. The key issue was whether CAS had jurisdiction under the CAF Statutes in force at the time. CAF argued that the 2002-2004 statutes did not provide for CAS jurisdiction, as the new statutes recognizing CAS only came into effect on September 1, 2004. Ismailia SC countered that FIFA's 2004 statutes, which required confederations to recognize CAS, should apply, even if CAF had not yet amended its rules. The CAS panel, composed of Mr. Ercus Stewart, Mr. Jean-Pierre Morand, and Mr. Dirk-Reiner Martens, determined that the 2002-2004 CAF Statutes did not grant CAS jurisdiction, as neither CAF nor FIFA recognized CAS for football disputes during that period. The panel noted that FIFA's 2004 rules only instructed confederations to introduce CAS arbitration, which CAF implemented later. Since the decision predated the new CAF statutes, CAS concluded it lacked jurisdiction and could not proceed with the arbitration. On December 15, 2004, CAS formally dismissed Ismailia SC's appeal, upholding the CAF Appeal Committee's decision. This ruling underscores the jurisdictional limitations of CAS in disputes involving football governing bodies and emphasizes the importance of clear jurisdictional frameworks in sports arbitration. The case highlights the necessity for parties to understand the applicable rules and timelines when seeking arbitration in sports disputes.

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