Bulletin TAS CAS Bulletin TAS / CAS Ee se eg Col resetThe Arab Countries in the CAS Jurisprudence: a retrospective De. Minas Khatchadourian’ 1. Inteoduction Tl, Football related disputes A. The CAS jurisdiction with regard 10 the FIFA Statutes 1. Ismailia Sporting Club vs. CAF 2. Telecom Egypt Club vs. Egyptian Football Association (EFA) “Al-Webda Club ws. Saudi Arabian ll Federation (SAFF) B. The unilateral termination of the contract without just eause & the calculation of due ‘compensation 1. Ali Bouabé, Hassan El Mouataz & Sporting Lokeren Oost-Viaanderen vs. Association Sportive des Forces Armées Royales (ASPAR) 2. FC Sion and E. vs. FIFA & Al-Ahly SC 3, FC Nantes & Ismaél Bangoura vs, AU Nase Sports Club 4. Zamalek Sporting Club vs. Accra Hearts of Oak Sporting Club Nase Sports Club vs. P. M. C. The applicable standard of proof in disciplinary cases 1. Mobamed Bin Hammam vs. FIFA 2. Al-Birir vs. CAF TIL Equestrian related disputes A. Applications of the Equine Anti-doping (EAD) Rules 1. Lissarrague et al vs. FET & Sheikh Hazza 2. Omran Ahmed Al Owais vs. FEL 3. Rashid Mohd Ali Mabbar vs. FET B. Applications of the Equine Controlled Medication (ECM) Rules 1. Khaled Abdullaziz Al Eid vs, FEL 2. Abdullah Waleed Sharbatly vs. FEI IV. Disputes related to other sports Fédération Internationale de Natation (FINA) vs. M. & (FIN) V. Conclusion \ération Tunisienne de Natation I. Introduction Sport is practiced at both amateur and professional levels and few Arab countries have ‘The Arab World consists of 22 countries on the established a set of specific rules for professional Asia and African continents, respectively, with a players. Also, Investment in professional sport is total population exceeding 400 million people. gradually becoming a real commercial enterprise in some of the Arab countries. Almost all sports are practiced in the Arab World and several countries have hosted This article examines some of the most successfully international or continental championships. By far, football is the most popular sport game in this part of the World where national football federations or associations are members of the FIFA. * Lawyer Disector ofthe Qatar International Center for Conciliation and Azbitation — CAS Azbitetor significant arbitral awards rendered by the Court of Arbitration for Sport (CAS) in cases relating to various Amb countries incduding Eeypt, Qutar, United Amb Emizates, Saudi Arabia, ‘Morocco, Tunisia, Sudan, ete Amiles et commentaires/ Articles and Commentaries 12Without being in any way exhaustive, this compilation of cases is simply an attempt of a retrospective analysis of different cases related to Arab associations, clubs, officials o players during the last decade (2004-2014), Most of the awards are related to football disputes. However, some other awards were rendered in other sports including equestrian sports and swimming Accordingly, the cases examined in this article may be regrouped under the following three categories: I, Football related disputes, IIL Equestrian related disputes IV. Disputes related to other sports II, Football related disputes A. The CAS Jurisdiction with regard to the Statutes of the FIFA, the Confederations and the National Associations In three important cases related relating 0 Egyptian and Saudi football cubs, the CAS brought clarifications on several provisions in the FIFA Statutes in respect of regarding its jurisdiction and the interplay between the latter these ones and the statutes of the continental and national federations. 1. Ismailia Sporting Club vs. CAF In the first case (CAS 2004/4/676 Ismailia Sporting Club v. Confédération Afticaine de Football (CAF), award of 15 December 2004), Egypt's Ismailia SC was competing against Nigeria's Enyimba SC at the final of the 2003 CAF African Champions League. ‘The Organizing Committee for the championship rejected Ismailia's protest on the non-eligibility of the Nigerian player Ahmed Garbo Yaro to participate in the final. Asa result, the matter was, submitted to the CAP Appeal Committee which ratified the decision of the Organizing Committee. The Ismailia SC decided also to seize concomitantly the CAS on the same date. Ar that time, the 2002-2004 edition of the CAF Statutes in force provided expressly that “National Associations, clubs or members of clubs shall not be permitted to bring before a Coust of Justice disputes with the Confederation or other Associations, clubs or members of clubs, and they must agree to submit any such disputes to an Arbitration Tribunal appointed by common consent” (article 30.1). There did not yet exist any recognition of the CAS jurisdiction ibut only an indication of the possibility of an ad hoe arbitration. ‘The CAS Panel declined its jurisdiction to hear the case and stated: “During the period that these Statutes were written, neither CAP nor FIFA recognized any jurisdiction of the CAS to arbitrate football disputes. It is only with the implementation by the _ individual Confederations of the new FIFA Statutes (ie. 2004 Statutes) into theie Statutes, that the CAS can be held to have jurisdiction. The FIFA rules that came into force on 1 January 2004 do not constitute per se a basis for arbitration. Instead, they constitute an instruction to introduce 4 regulation providing for CAS arbitration. This ‘was implemented by the coming into force of the new CAF regulations on 1 September 2004 It follows that the CAS has no jurisdiction with regard to the 2003 decision of the CAF Appeal Committee”. 2. Telecom Egypt Club v. Egyptian Football “Association (EFA) In the second case (CAS 2009/A/1910 Telecom Egypt Club v. Egyptian Football Association (EFA), award of 9 September 2010}, there also arose the question of the CAS jurisdiction in relation to a national football federation, ‘The Appellant (Telecom Feypt Chub) was unsatisfied with the EFA decision in respect of a complaint filed before EFA Competitions Committee and then before the EFA Appeals Committee. The Appellant asserted an accusation of manipulating the result of a game between two other football teams which has adversely affected the Appellant's position in the premier league, relegating it to the second division. Afier having its complaint disregarded by the EFA, the Appellant filed a statement of appeal Ailes et commentaires/ Articles and Commentaries 13