Live broadcast, August 18 -on August 16, the official website of the Chinese Football Association published a notice on adjusting some articles of the working rules of the Arbitration Commission of the Chinese Football Association, among them, the core content is to replace Article 4 “The Arbitration Committee implements a final ruling system for handling disputes” with: “relevant disputes occurring within the jurisdiction of the Chinese Football Association, you can apply to China sports arbitration commission for arbitration according to law.” For the adjustment here, the article issued by football newspaper summarized several issues worthy of attention about the two arbitration departments. First, whether the disputes in the football industry must be decided in the industry before they can be appealed to the national sports arbitration tribunal? Currently, it is uncertain. At present, there is no further detailed implementation rules to explain the process of applying for arbitration. At present, there is no explicit provision prohibiting direct reporting to the arbitration tribunal, which means that any player or club in dispute, no matter in active service, retired or once an investor but then withdrew for some reason, they can directly file a lawsuit with the national sports arbitration tribunal, as long as the scope of litigation conforms to the scope of acceptance stipulated by the National Sports Arbitration Tribunal. Second, because the arbitration committee of the Chinese Football Association does not have the executive power and the national sports arbitration tribunal does, does it mean that there is no need to initiate arbitration to the Chinese Football Association in the future? The Arbitration Committee of the Chinese Football Association and the National Sports Arbitration Tribunal are more like complementary rather than replacing each other. Therefore, where to award is not a matter of choosing one, but judging according to their actual situation. The arbitration department of the Chinese Football Association can only arbitrate units within the jurisdiction of the member association, so it does not have the jurisdiction to hear players or clubs that have withdrawn from professional football, therefore, players involved in this kind of dispute should directly go to the sports arbitration tribunal to file a lawsuit; But if the players and clubs are both active duty and there is a salary dispute between the two parties, it may be more suitable for arbitration in the Chinese football Arbitration Commission, it is not too late to go to the national sports arbitration tribunal to file a lawsuit. Here is a factor that cannot be ignored-cost. Although the specific charging standard of the national sports arbitration tribunal has not been fully announced, according to the current arbitration charging standard in beishangguang area, if it needs to be charged, the price of sports arbitration will not be lower than the big principle of industry average Arbitration standard. If you decide on a lawsuit of 3 million yuan in arrears, the most basic cost is close to 50000 yuan only to the Arbitration Commission, which is not a lawyer’s fee. However, usually in the Arbitration Committee of the Chinese Football Association, such an unpaid lawsuit can be arbitrated, even if it doesn’t cost a penny or only costs a few thousand yuan to find someone to draft an arbitration application on behalf of it, the final verdict can be obtained. The arbitration of the Chinese Football Association does not charge any fees from both parties. Third, if you are not satisfied with the penalty for the ban, can you apply to the national sports arbitration tribunal? How to calculate the suspension during this period? As far as the football level is concerned, this is a blank or unclear doubt at present, but on the whole, the scope of application in the football field is relatively small. The Chinese Football Association often imposes disciplinary penalties on some sessions after each round. If a player is dissatisfied with the appeal, the suspension may be over without waiting for the verdict. Unless a player is banned for more than half a year, it is meaningful to report to the National Sports President Department, which is less than a certain number of times. Not to mention the cost of a lawsuit, even time may be too late. (Derison)
Football newspaper talks about the official launch of the sports arbitration tribunal: it is more like complementary to the Football Association arbitration committee rather than replacing it.
