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OPTING-IN FOR A DOMESTIC INDEPENDENT AND FAIR TRIBUNAL UNDER FIFA RSTP IN PLAYER-CLUB LABOUR DISPUTES OF AN INTERNATIONAL DIMENSION. A BRIEF ANALYSIS OF THE RECENT FIFA DECISIONS REGARDING POLISH AND SLOVAK CLUBS. IS IT A PROCEDURAL TRAP?

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Stankiewicz M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue spec. issue
60 - 72
EN
The aim of the present paper is to analyse and examine the procedural requirements of raising an objection of the competence of FIFA in international disputes in professional football. The first part of the paper investigates the basis of FIFA jurisdiction, its requirements and the procedures that govern the proceedings in such cases. The second part of the paper is based on recent examples of cases where clubs and players from Poland and Slovakia tried to effectively raise an objection to FIFAs competence in adjudicating the cases. These examples are to illustrate what are the common problems the parties face when trying to raise such an objection and what procedural mistakes may lead to the questioning of the competence of FIFA on merit to be denied. The vital procedural issues in FIFA proceedings are presented as a chance to analyse the mistakes made in the past and avoid them in the future.
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