Claim before the FIFA Football Tribunal: statement, deadline and service

A player’s contractual claim against a foreign club must be filed before the FIFA Football Tribunal in the correct form and through the correct channel. The statement of claim, the two-year limit under the FIFA rules, the evidence and the ongoing review of the Legal Portal are central to the procedure.

The FIFA procedure must be kept separate from the question whether an Austrian employment court or an arbitral tribunal may also be relevant. This article explains the FIFA procedure for an international contractual claim. The actual jurisdiction depends on the claim, the parties and the applicable FIFA regulations.

The Football Tribunal consists of the Dispute Resolution Chamber, the Players’ Status Chamber and the Agents Chamber. The competent chamber is determined by the FIFA Statutes and the applicable regulations. An employment-related dispute between a club and a player with an international dimension will typically concern the Dispute Resolution Chamber. That does not by itself mean that the individual claim is admissible.

The legal subject of the player’s claim must be stated clearly. Is it unpaid salary, a bonus, damages for breach of contract or the lawfulness of a termination? A dispute about registration or player status may be governed by different FIFA rules. The overview of sports dispute resolution explains the different routes.

A FIFA connection does not automatically replace a state court or an arbitration agreement. Where several forums appear possible, record the claim, parties, rules and proceedings already started separately. The existing article on jurisdiction in a cross-border player contract addresses that choice. This article focuses on filing before the Football Tribunal.

Under Article 18 of the Procedural Rules, a claim must be filed through the FIFA Legal Portal. It must identify the claimant and the respondent for service, set out the facts and legal arguments, include the complete body of evidence and state the relief requested. The amount in dispute should be broken down by item, currency, contractual basis and period.

If the player is represented, the filing must include a written, specific and recent authorisation for the particular procedure. A signed Bank Account Registration Form in the claimant’s name is also required. A bank account belonging to the representative or a family member does not replace this document.

The claim must be dated and validly signed. Proceedings are generally free of charge where at least one party is a player, coach, licensed football agent or licensed match agent. Pure club disputes may involve an advance or procedural costs. The applicable cost position should be checked before filing.

The official FIFA guide refers to a two-year limit under the applicable FIFA regulations. Under Article 23 paragraph 3 of the RSTP, the Tribunal generally will not hear a case if more than two years have elapsed since the event giving rise to the dispute. The limit is examined ex officio. The relevant edition of the regulations, the triggering event and the legal subject of the claim must be identified.

This two-year limit is different from procedural deadlines set after filing. The FIFA general secretariat may request corrections or additional documents and will set a deadline for the response. If an incomplete filing is not corrected in time, it may be deemed withdrawn and must be resubmitted, provided that the claim is not then time-barred.

A service deadline should never be calculated from an informal email or guess. Under Articles 10 and 11 of the Procedural Rules, communications are sent through the Legal Portal or, where prescribed, through TMS. For a party receiving a communication directly, the deadline starts on the day after receipt. Parties must check the Legal Portal and TMS at least once a day.

The statement of claim should include the full body of evidence. A salary claim will commonly require the player contract and addenda, payroll records, bank statements or other payment records, demands and correspondence about the outstanding amount. A bonus claim also requires the relevant clause and the sporting or performance records on which it depends. A termination dispute requires the notice, proof of service and the other party’s response.

Article 13 of the Procedural Rules provides that submissions to FIFA must be in English, Spanish or French. Documents in another language should be filed in the original and, where required, with a translation into one of those languages. Number the documents and state their purpose. A clear annex list makes it easier to connect each allegation with its evidence.

As a general rule, the party asserting a fact bears the burden of proving it. The chamber decides the weight of the evidence and may request further information. A complete file is therefore more than an uploaded contract. It should show the timeline, the calculation of the claim and the club’s response.

After the formal review, the FIFA general secretariat may serve the claim and its annexes on the club. The club receives a deadline for its response. Under Article 21, it may file a counterclaim with that response. A counterclaim generally has the same form as a claim and must be filed within the same deadline.

For a matter without prima facie complex facts or legal issues, or where established jurisprudence is clear, the FIFA administration may issue a proposal to finalise the dispute. If accepted or not rejected in time, the confirmation may constitute a final and binding decision. If rejected, the procedure continues with the respondent’s response.

After the submission phase has been closed, the parties generally may not amend their submissions or introduce new evidence. The FIFA administration or the chamber may still request additional information. The dispute-preparation checklist helps organise the file. The conflict check helps separate the claim, evidence and body already involved.

The Football Tribunal generally decides on the written file. An oral hearing is possible only in exceptional circumstances. The decision is notified through the prescribed channel and enters into force upon notification. A party will often first receive only the operative part, such as whether the claim is accepted, partially accepted or rejected.

A party wishing to receive the grounds generally has ten calendar days from notification of the operative part to make a written request. Where procedural costs are ordered, the party may also have to prove timely payment of its share. Failure to meet the deadline can make the decision final and binding and may waive the right to appeal.

According to the FIFA guide, a decision of the Football Tribunal may be appealed to the Court of Arbitration for Sport under Article 57 paragraph 1 of the FIFA Statutes within 21 days of notification of the grounds. The appeal is filed directly with the CAS under its rules. The exact notification and decision must be checked for each case.

Can a player send the claim to FIFA by email?
For the relevant proceedings, the Legal Portal is the prescribed communication channel. An ordinary email does not generally replace the filing. Technical access problems should be raised immediately with the official Legal Portal Helpdesk.

Which language must the statement of claim use?
Submissions to FIFA must be in English, Spanish or French. Evidence in another language should be filed with the required translation into one of those languages.

How long does a player have to file a contractual claim?
The FIFA guide refers to a two-year limit under the applicable FIFA regulations. Whether the limit has expired depends on the triggering event, the claim and the regulation in force for the case.

Does a player have to pay procedural costs?
Proceedings are generally free where at least one party is a player, coach, licensed football agent or licensed match agent. This does not automatically reimburse the party’s own representation costs.

What happens if the club does not respond?
The competent body may decide on the file available to it. This does not automatically mean that every request is granted. The claim and evidence must still be coherent and substantiated.

Start by identifying the claim, parties, chamber and triggering event. Then prepare a calculation showing each amount, currency, contractual basis and period. The contract, addenda, payroll records, payment evidence, correspondence and termination documents should be numbered and ready as annexes.

Check the two-year limit and save every Legal Portal message with its service date. Corrections, responses and a possible counterclaim must be submitted within the deadline set by FIFA. After a decision, separately check the ten-day period for requesting grounds and the possible 21-day CAS appeal period.

You can receive new articles and legal guidance through BRANDaktuelle Rechtsnews. If your claim is already disputed or a FIFA notice has arrived, arrange the contract, chronology and Portal messages for a joint review. Mag. Bernhard Brandauer, Rechtsanwalt, can help identify the next step for the actual claim.