Legal means to resolve conflicts and disagreements resulting from a Association football contract

Section 5894 of the Turkish Football Association Founding and Duties statue from 2011 states that the aribitration comitee is responsible for settling contractual conflicts and disagreements.

According to Section 56 of the Turkish Football Association statues ‘’the Arbitration Comitee may arbitrate contractual disputes relating to football between the club, the players, the coaches and managers if the competences and discretion of the Comitee are acknowledged by both parties. However, penalties and disagreements regarding the increase in remuneration are only and dealt with by the comitee and , if necessary, imposed.’’.

This presupposes that the competence of the comitee has to be accepted by the parties. If this is not the case, the disputes will be brought up to court (of enforcement authorities) and delt with there.

In the comitee’s remarks it is clear how and under which conditions the comitee is to be approached.

The application must therefor be submitted in writing and the proof of payment has to be attached. Applications without attached proof of payment will not be considered by the comitee. The applicants fee is 3% of the professional value of the matter to be dealt with.

The application must contain the following information:

  • Name, surname (if available) title, address, (if available) FAX number and e-mail address of the parties,
  • (If available) name, surname, address, FAX number and e-mail address of the parties lawyers,
  • Name, surname, (if available) title, address, FAX number and e-mail address of all the other persons involved in the conflict,
  • The value of the conflict,
  • An explicit and clear list of all events and occurrences,
  • Evidence supporting the asserted statements,
  • Mention of the intended decision in the case
  • (If available) Signature of the legal reprensentative
  • A payment prof of the costs, due
  • Aggreement of the parties to the competences and discretion of the Commitee

 

The number of copies of the application an the attached documents depends on the number of defendants and an additional document has to be created.  The application will then be forwarded to the corrdination where it will be provided with a number and registered. If essential documents or information  are missing, the application will be returned back to the applicant for completion. If the appliction is not resubmitted in full within the followingn seven days from the time of return, the application is deemed not to have been filed. If the application contains all essential information it will be handed over to the opposing side without further investigation. The completed application will then be submitted to the commitee. The committee primarily examines the proposal with regard to the competence, the deadline, the appropriateness and the interests of the parties.If there are deficiences in these areas, the application will be rejected.                                                                                                As a rule, the board then examines the document. If the board sees the necessity, further documents or the other examinations can be demanded or a court date can be agreed on. If one of the parties demands a court date this demand must be met.                                                                                                                       If both parties vote for a court date, then only one appointment is made and held.

The commitee has the competence not to hold  a court hearing in public.

Att. Doğukan PAÇİN

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