Asser Sports Law Lecture ‘You’ve won before CAS, now how to make sure you get paid?’Published 31 May 2016
On 26 May 2016, as part of the Asser Sports Law lecture series, the Asser International Sports Law Centre welcomed Mr. Fabrice Robert-Tissot, a Swiss qualified attorney-at-law who specialises in international commercial and sports arbitration. His presentation focused on the enforcement of monetary claims in football related matters.
When seeking the enforcement of a sport-related award, creditors may face several questions surrounding the different means that may be used to enforce the award and whether it is appropriate to use these means cumulatively. The enforcement of sport-related arbitral awards has special features – the principal one being the limited significance of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. That is because of existing self-enforcement mechanisms within sport federations. Mr. Robert-Tissot discussed the means available to creditors to put pressure on debtors with UEFA and FIFA regulations. He then provided an inside look at attachment proceedings and the freezing of assets under Swiss law. Some of these methods are available even before any formal CAS award as a way of securing claims. Finally, he discussed challenges to the enforcement of CAS awards brought before national courts and, in particular, the difficulties encountered in some EU Member States on those issues, with a special focus on the Pechstein and Wihelmshaven cases pending in German courts.
Following the presentation, the participants had the opportunity to present their questions and to engage in a discussion on the best options or combination of options to obtain payment of the debt, to highlight the national challenges of self-enforcement of CAS awards and to debate the role of EU law in these matters.
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