UEFA change ‘could boost Dublin arbitration’
Lawyers at McCann FitzGerald say that a change in the statutes of European football’s governing body earlier this year will allow a wider range of sporting issues to be arbitrated in Dublin.
The change, approved earlier this year by UEFA, names Dublin as a potential seat of arbitration proceedings before the Court of Arbitration for Sport (CAS).
In a note on the firm’s website, the McCann FitzGerald lawyers say that a 2024 amendment to UEFA’s authorisation rules, which govern the authorisation of international club competitions, included Dublin as a seat of CAS arbitrations.
They add, however, that this has had “limited effect”, with no CAS proceedings yet brought in Dublin.
CJEU judgments
The latest amendment will allow Dublin to host arbitrations in other matters, signalling what the McCann FitzGerald lawyers describe as “a potentially significant expansion” to the variety of CAS sporting issues that could be arbitrated in Dublin.
Until now, CAS hearings, other than authorisation-rules disputes, had to be held exclusively in Lausanne in Switzerland.
McCann FitzGerald says that two decisions by the Court of Justice of the European Union (CJEU) have influenced the UEFA change.
In International Skating Union v Commission, the court found that CAS, which was established outside the EU, was subject to review only before the Federal Supreme Court of Switzerland, a non-EU court with no jurisdiction to rule on EU law.
The CJEU found that this undermined the effectiveness of EU law.
In Royal Football Club Seraing v FIFA and UEFA, the court found that sporting bodies’ imposition of mandatory arbitration mechanisms could not justify limiting the possibility for individuals to rely on the rights and freedoms conferred on them by EU law.
It held that respect for those rights and freedoms must be subject to effective judicial review, which could not be provided by the court of a non-EU country.
High Court role
McCann FitzGerald notes that, if Dublin is chosen for arbitration, the High Court will have jurisdiction to determine challenges to the award under the Arbitration Act 2010.
As Ireland is an EU member, annulment proceedings before the High Court would involve an assessment of EU public policy, as well as the potential referral of questions of EU law to the CJEU.
“By introducing an EU-based review option, UEFA seeks to address concerns raised by the CJEU in the ISU and Seraing cases,” the firm states.
“It remains to be seen whether other sporting organisations will follow UEFA’s lead, but the move has the potential to position Dublin not only as a hub for commercial arbitration, but also as a key centre for international sports arbitration,” the lawyers conclude.