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The Court of Arbitration for Sport publishes the rules for its ad hoc division for the Euro 2016 Championship

Arbitration rules for the UEFA Euro 2016 final round   Article 1 Application of the Present Rules and Jurisdiction of the Court of Arbitration for Sport (CAS) The purpose of the present Rules is to provide, in the interests of the athletes and of sport, for the resolution by arbitration of any disputes covered by Articles 61 and 62 of the UEFA Statutes, insofar as they arise during the final round of the UEFA European Football Championship 2016 ("EURO 2016 Final Round"). Article 2 Ad hoc Division For the period of the EURO 2016 Final Round, the International Council of Arbitration for Sport (ICAS) shall establish an ad hoc Division of the CAS (hereinafter the “ad hoc Division”), the function of which is to provide for the resolution by arbitration of the disputes covered by Article 1 by means of Panels set up in accordance with the present Rules. The ad hoc Division consists of arbitrators appearing on a special list, a President and a Court Office. Article 3 Special List of Arbitrators The ICAS, acting through its Board, shall draw up the special list of arbitrators referred to in Article 2. This special list consists only of arbitrators who appear on the CAS general list of arbitrators. The special list of arbitrators shall be published before the opening of the EURO 2016 Final Round. It may be subsequently modified by the ICAS Board. Article 4 Presidency The ICAS Board shall elect the President of the ad hoc Division from among the members of the ICAS. The President shall perform the functions conferred upon him or her by the present Rules and all other functions relevant to the proper operation of the ad hoc Division. The President of the ad hoc Division must be independent of the parties. Article 5 Court Office The CAS Court Office is established in Lausanne, Switzerland. Such office is placed under the authority of the CAS Secretary General. Article 6 Language of Arbitration The arbitration shall be conducted in English or French as determined by the President of the ad hoc Division. Article 7 Seat of Arbitration and Law Governing the Arbitration The seat of the ad hoc Division and of each Panel is in Lausanne, Switzerland. However, the ad hoc Division and each Panel may carry out all the actions which fall within their mission or in every other place they deem appropriate. The arbitration is governed by Chapter 12 of the Swiss Act on Private International Law. Article 8 Representation and Assistance The parties may be represented or assisted by persons of their choice insofar as circumstances permit, particularly with regard to the time limit set for the award. The names, addresses, telephone and facsimile numbers of the persons representing the parties and details of any other written forms of electronic communication by which they may be reached shall appear in the application referred to in article 10 or be submitted at the start of the hearing. Article 9 Notifications and Communications
  1. a) All notifications and communications from the ad hoc Division (Panel, Presidency or Court Office) shall be given as follows:
- to the claimant: by delivery to the address appearing in the request or at the electronic mail address specified in the request or, in the absence of all of the above, by deposit at the Court Office. - to the respondent: by delivery or electronic mail to his or her office or place of residence during the EURO 2016 Final Round. The ad hoc Division may also give notifications and communications by telephone and confirm them subsequently in writing, or by electronic mail. In the absence of written confirmation, the communication is nevertheless valid if the addressee had actual knowledge of it.
  1. b) Notifications and communications from the parties shall be delivered or emailed to the Court Office.
Article 10 Application Any individual and legal entity wishing to bring before the ad hoc Division of the CAS a dispute within the meaning of article 1 of the present Rules shall deliver or fax a written application to the Court Office. The application shall include: - a copy of the decision being challenged, where applicable; - a brief statement of the facts and legal arguments on which the application is based; - the claimant’s request for relief; - where applicable, an application for a stay of the effects of the decision being challenged or for any other preliminary relief of an extremely urgent nature; - any appropriate comments on the basis for CAS jurisdiction; - the claimant’s address and, where applicable, the facsimile numbers and electronic mail address which the claimant can be reached for the purposes of the proceedings and, where applicable, the same information for the person representing the claimant. The application shall be written in English or French. If the National Federations concerned are not parties to the proceedings and do not receive a copy of the application in that capacity, this application shall be communicated to them for information purposes. Article 11 Time limit for the filing of the application The application shall be delivered or sent by electronic mail to the Court Office within the time limit set by art. 62 of the UEFA Statutes and provided that all internal legal remedies at UEFA have been previously exhausted. Article 12 Formation of the Panel Upon receipt of the application, the President of the ad hoc Division constitutes a Panel composed of three arbitrators appearing on the special list described in article 2 of the Rules (the “Panel”) and appoints the President thereof. In the event that it appears appropriate under the circumstances, the President of the ad hoc Division may, in his or her discretion, appoint a sole arbitrator. If an application is registered which is related to an arbitration already pending before the ad hoc Division, the President of the ad hoc Division may assign the second dispute to the Panel appointed to decide the first dispute. In order to decide upon such assignment, the President of the ad hoc Division shall take into  account all the circumstances, including the relation between the two cases and the progress already made in the first case. The Court Office shall convey the application to the Panel. Article 13 Independence and Qualifications of the Arbitrators All arbitrators must have a legal training and possess recognized competence with regard to sport. They must be independent of the parties and disclose immediately any circumstance likely to compromise their independence. All arbitrators must be available for the ad hoc Division during the EURO 2016 Final Round. The President of the ad hoc Division is subject to the same obligations. No arbitrator of the CAS ad hoc Division may act as counsel for a party or other interested person before this Division. Article 14 Challenge, Disqualification and Removal of Arbitrators An arbitrator must disqualify him- or herself spontaneously or, failing that, may be challenged by a party if circumstances give rise to legitimate doubts as to his or her independence. The President of the ad hoc Division is competent to take cognizance of any challenge requested by a party. She/he shall decide upon the challenge immediately after giving the parties and the arbitrator concerned the opportunity to be heard, insofar as circumstances permit. Any challenge must be brought as soon as the reason for the challenge becomes known. Any arbitrator may be removed by the President of the ad hoc Division if she/he or she is prevented from carrying out the assignment or fails to perform her/his duties in accordance with the present Rules. If an arbitrator disqualifies her- or himself spontaneously or if the President of the ad hoc Division accepts a challenge by a party or removes an arbitrator, the President of the ad hoc Division shall immediately appoint an arbitrator to fill the vacancy. Article 15 Stay of Decision Challenged and Preliminary Relief of Extreme Urgency In case of extreme urgency, the President of the ad hoc Division or the Panel, where already formed, may rule on an application for a stay of the effects of the challenged decision or for any other preliminary relief without hearing the respondent first. The decision granting such relief ceases to be effective when the Panel gives a decision within the meaning of article 21 of the present Rules. When deciding whether to award any preliminary relief, the President of the ad hoc Division or the Panel shall consider whether the relief is necessary to protect the applicant from irreparable harm, the likelihood of success on the merits of the claim, and whether the interests of the applicant outweigh those of the opponent or of other participants in the EURO 2016 Final Round. Article 16 Procedure before the Panel
  1. a) Defence of lack of jurisdiction
Any defence of lack of jurisdiction of the Panel must be raised at the start of the proceedings or, at the latest, at the start of the hearing.
  1. b) Procedure
The Panel organizes the procedure as it considers appropriate while taking into account the specific needs and circumstances of the case, the interests of the parties, in particular their right to be heard, and the particular constraints of speed and efficiency specific to the present ad hoc procedure. The Panel shall have full control over the evidentiary proceedings.
  1. c) Hearing
Except where it considers another form of procedure more appropriate, the Panel shall summon the parties to a hearing on very short notice immediately upon receipt of the application. It shall append a copy of the application to the summons to appear addressed to the respondent. At the hearing, the Panel shall hear the parties and take all appropriate action with respect to evidence. The parties shall introduce at the hearing all the evidence they intend to adduce and produce the witnesses, who shall be heard immediately. If it considers itself to be sufficiently well informed, the Panel may decide not to hold a hearing and to render an award immediately.
  1. d) Other evidentiary measures
If a party requests an opportunity to introduce additional evidence which, for legitimate reasons, it was not able to produce at the hearing, the Panel may permit such introduction to the extent necessary to the resolution of the dispute. The Panel may at any time take any appropriate action with respect to evidence. In particular, it may appoint an expert and order the production of documents, information or any other evidence. It may also, in its discretion, decide whether to admit or exclude evidence offered by the parties and assess the weight of evidence. The Panel shall inform the parties accordingly.
  1. e) Failure to appear
If any party fails to appear at the hearing or to comply with injunctions, summonses or other communications issued by the Panel, the Panel may nevertheless proceed. Article 17 The Panel’s Power to Review The Panel shall have full power to establish the facts on which the application is based. Article 18 Law Applicable The Panel shall rule on the dispute pursuant to the applicable UEFA regulations and, additionally, Swiss law. Article 19 Time limit The Panel shall give a decision within 48 hours of the lodging of the application. Exceptionally, this time limit may be extended by the President of the ad hoc Division if circumstances so require. Article 20 Decision-making, Form and Communication of the Decision Decisions are taken by a majority or, in the absence of a majority, by the President of the Panel. It shall be written, dated and signed by the President of the Panel and, in principle, brief reasons will be stated. Before the award is signed, it shall be reviewed by the President of the ad hoc Division, who may make amendments of form and, without affecting the Panel’s freedom of decision may also draw the latter’s attention to points of substance. It shall be communicated to the parties immediately. The Panel may decide to communicate the holding of the award, prior to the reasons. The award shall be final from such communication. If the National Federations concerned are not parties to the proceedings and do not receive a copy of the award in that capacity, this award shall be communicated to them for information purposes. Article 21 Enforceability and Scope of the Decision
  1. a) Choice of final award or referral
Taking into account all the circumstances of the case, including the claimant’s request for relief, the nature and complexity of the dispute, the urgency of its resolution, the extent of the evidence required and of the legal issues to be resolved, the parties’ right to be heard and the state of the record at the end of the ad hoc arbitration proceedings, the Panel may either make a final award or refer the dispute to arbitration by the CAS in accordance with the Code of Sports-related Arbitration. The Panel may also make an award on part of the dispute and refer the unresolved part of the dispute to regular CAS procedure.
  1. b) Preliminary relief in case of referral
If it refers the dispute to regular CAS procedure, the Panel may, even where the parties have made no application to that effect, grant preliminary relief which will remain in effect until the arbitrators decide otherwise in the regular CAS procedure.
  1. c) Referral
If the Panel refers the dispute to regular CAS procedure, the following provisions shall apply:
  1. i) The Panel may set a time limit for the claimant to bring the case before the CAS according to Articles R38 and R48 of the Code of Sports-related Arbitration or provide for referral of its own motion (“ex officio referral”).
In either case, the time limits laid down by the statutes or regulations of the bodies the decision of which is being challenged or by Article R49 of the Code of Sports-related Arbitration do not apply.
  1. ii) Depending on the nature of the case, the CAS Court Office shall assign the arbitration to the Ordinary Arbitration Division or to the Appeals Arbitration Division.
iii) The Panel formed during the EURO 2016 Final Round remains assigned to the resolution of the dispute for purposes of regular CAS procedure and, by submitting to the present Rules, the parties waive any provision to the contrary in the Code of Sports-related Arbitration or in their agreement concerning the number of arbitrators and the way in which the Panel is formed.
  1. iv) In the event of ex officio referral, the CAS Court Office shall take any appropriate action which may facilitate the initiation of the regular CAS procedure, having special regard to the present provision.
Article 22 Enforceability; no Remedies The decision is enforceable immediately. It shall be final and binding upon the parties subject to recourse available in certain circumstances pursuant to Swiss Law within 30 days from the notification of the original decision. It may not be challenged by way of an action for setting aside to the extent that the parties have no domicile, habitual residence, or business establishment in Switzerland and that they have expressly excluded all setting aside proceedings in the arbitration agreement or in a subsequent agreement, in particular at the outset of the arbitration. Article 23 Costs of the Proceedings (a) Subject to item f) below, each party shall pay for the costs of its own legal representation, experts, witnesses and interpreters. (b) If the Panel appoints an expert or an interpreter, or orders the examination of a witness or an expert, such costs shall be included in the arbitration costs. (c) At the end of the proceedings, the Panel shall determine the final amount of the arbitration costs, which shall include: - the administrative costs of the CAS calculated in accordance with the CAS scale, - the costs and fees of the arbitrators, - the costs of witnesses, experts and interpreters incurred by the parties. (d) The final amount of the arbitration costs may either be included in the arbitral award or communicated separately to the parties. (e) In the arbitral award, the Panel shall determine which party shall bear the arbitration costs or how they shall be allocated to each of the parties. However, proceedings regarding appeals against decisions issued by UEFA in disciplinary matters shall be free of charge. In such case, the costs and fees of the arbitrators, calculated in accordance with the CAS fee scale, together with the costs of CAS are to be borne by CAS. (f) In all cases, the Panel has discretion to grant the prevailing party a contribution towards its legal fees and other expenses incurred in connection with the proceedings and, in particular, the costs of witnesses and interpreters. When granting such contribution, the Panel shall take into account the complexity and the outcome of the proceedings, as well as the conduct and financial resources of the parties. Article 24 Miscellaneous Provisions The French and English texts are authentic. In the event of any discrepancy, the English text shall prevail. The present Rules have been adopted by the ICAS in Lausanne on 18 April 2016, on the basis of Articles 61 and 62 of the UEFA Statutes and Articles S6, paragraphs 1, 8 and 10, S8 and S23 of the Code of Sports-related Arbitration. They form an integral part of the Code of Sports-related Arbitration. The present Rules may be amended by the ICAS pursuant to Article S8 of the Code of Sports-related Arbitration.   For ease of reference, we reproduce the texts of articles 61, 62 & 63 of the UEFA Statutes as follows:   UEFA STATUTES: ARTICLES 61, 62 & 63   CAS as Ordinary Court of Arbitration Article 61 Jurisdiction 1 The CAS shall have exclusive jurisdiction, to the exclusion of any ordinary court or any other court of arbitration, to deal with the following disputes in its capacity as an ordinary court of arbitration:
  1. a) disputes between UEFA and associations, leagues, clubs, players or officials;
  2. b) disputes of European dimension between associations, leagues, clubs, players or officials.
Conditions of Intervention 2 The CAS shall only intervene in its capacity as an ordinary court of arbitration if the dispute does not fall within the competence of a UEFA organ. CAS as Appeals Arbitration Body Article 62 Jurisdiction 1 Any decision taken by a UEFA organ may be disputed exclusively before the CAS in its capacity as an appeals arbitration body, to the exclusion of any ordinary court or any other court of arbitration. Right to Appeal 2 Only parties directly affected by a decision may appeal to the CAS. However, where doping-related decisions are concerned, the World Anti-Doping Agency (WADA) may appeal to the CAS. Time Limit for Appeal 3 The time limit for appeal to the CAS shall be ten days from the receipt of the decision in question. Internal Procedures 4 An appeal before the CAS may only be brought after UEFA’s internal procedures and remedies have been exhausted. Suspensory Effect 5 An appeal shall not have any suspensory effect as a stay of execution of a disciplinary sanction, subject to the power of the CAS to order that any disciplinary sanction be stayed pending the arbitration. Scope of Review 6 The CAS shall not take into account facts or evidence which the appellant could have submitted to an internal UEFA body by acting with the diligence required under the circumstances, but failed or chose not to do so. Common Provisions Article 63 Excluded Jurisdiction 1 The CAS is not competent to deal with:
  1. a) matters related to the application of a purely sporting rule, such as the Laws of the Game or the technical modalities of a competition;
  2. b) decisions through which a natural person is suspended for a period of up to two matches or up to one month;
  3. c) awards issued by an independent and impartial court of arbitration in a dispute of national dimension arising from the application of the statutes or regulations of an association.
European Members 2 Only arbitrators who have their domicile in Europe shall be competent to deal with disputes submitted to the CAS according to the present Statutes. Procedure 3 Moreover, proceedings before the CAS shall take place in accordance with the Code of Sports-related Arbitration of the CAS.        
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Prof. Guglielmo Maisto
Maisto e Associati, Milano

Dr. Dick Molenaar
All Arts Tax Advisors, Rotterdam

 

Mr. Kevin Offer
Hardwick & Morris LLP, London

Mr. Mario Tenore
Maisto e Associati, Milano

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