By Instance - Sports Disputes

A sports authority is an internal body within the sports movement (federal disciplinary committee, FIFA dispute resolution chamber, CAS) that enforces sports regulations. A court is a state tribunal (labor court, administrative court, court of appeals) that applies national law. Depending on the nature of your dispute, you may need to refer it to one, the other, or both in succession.

Jurisdiction depends on three criteria: the nature of the dispute (disciplinary, contractual, regulatory, anti-doping), your status (professional athlete, amateur, coach, club), and the geographical scope (national or international). The interactive infographic below allows you to identify the competent authorities by filtering according to your profile, your sport, and the type of dispute.

Yes, a lawyer can represent you before all sports bodies and courts with jurisdiction over sports law. Cabinet Bertrand acts before French federal commissions as well as international bodies (FIFA, CAS, FIBA) and state courts (labor courts, administrative courts). This versatility ensures a consistent defense at every stage of the proceedings.

CNOSF conciliation is a conciliation procedure organized by the French National Olympic and Sports Committee. It is mandatory before any legal action can be taken before the judicial and administrative courts against a decision made by an approved sports federation in the performance of its public service mission or in accordance with its statutes. The deadline for referring a case to the CNOSF is 15 days from the date of notification of the contested decision. Cabinet Bertrand assists its clients in this preliminary procedure and, if necessary, in subsequent legal proceedings.

To challenge a federal disciplinary sanction, you must first exhaust the internal remedies provided for in the federation's regulations (appeal to an appeals committee). Then, after the internal remedies have been exhausted or have failed, you can refer the matter to the CNOSF's conciliation service, then to the Administrative Court if the conciliation fails. Cabinet Bertrand defends athletes, coaches, and clubs at every stage of this process.

In the event of an abnormal test result, the AFLD notifies the athlete and may impose a provisional suspension. The athlete then has a period of time to have the B sample analyzed and to submit their observations. If the AFLD College's administrative settlement proposal is rejected, a hearing will be held before the AFLD Sanctions Commission. The athlete may be assisted by a lawyer throughout the AFLD procedure (College and Sanctions Commission). The AFLD's decision may be appealed before the Council of State or, for international athletes, before the CAS.

Yes, the Labor Court has jurisdiction over all disputes relating to the employment contract between a professional athlete (or coach, staff member) and their employer club. This includes unpaid wages, unfair termination of fixed-term sports contracts, dismissal without real and serious cause, unpaid bonuses, and contract reclassification. Cabinet Bertrand regularly represents its clients before labor courts and courts of appeal.

The Court of Arbitration for Sport (CAS), based in Lausanne, is the supreme arbitration court for international sports disputes. It can be referred to on appeal from decisions of international federations (FIFA, UEFA, ITIA, IJF, etc.) or certain national decisions (AFLD for international athletes), or in the first instance if an arbitration clause so provides. The deadline for appeal is generally 21 days from notification of the contested decision.

The Dispute Resolution Chamber (DRC) and the Players' Status Chamber (PSC) are the two main chambers of the FIFA Football Tribunal. The DRC has jurisdiction over contractual disputes between clubs and players, training compensation, and the solidarity mechanism. The PSR deals with disputes involving coaches, inter-club disputes outside of training, and regulatory requests. This division is defined by Articles 22 and 23 of the Regulations on the Status and Transfer of Players.

Proceedings before FIFA begin with the filing of a claim with the Football Tribunal, accompanied by supporting documents. The opposing party has a deadline to respond. The proceedings are generally conducted in writing, without a hearing, except in exceptional cases. FIFA issues a reasoned decision within a period that varies depending on the complexity of the case. This decision may be appealed to the CAS within 21 days.

CAS rulings are final and binding. However, they may be challenged before the Swiss Federal Court in very limited cases: lack of jurisdiction of the arbitral tribunal, violation of the right to be heard, decision incompatible with Swiss public policy. Such appeals are rarely successful, as the Federal Court exercises limited control over arbitral awards.

The deadlines vary depending on the body concerned. Before the French federal commissions, the deadline is generally 7 to 15 days. Before the CNOSF, the deadline is 15 days. Before the CAS, the standard deadline is 21 days. Before FIFA, the limitation period is two years from the date of the disputed event. These deadlines are strict and failure to comply with them will result in the appeal being inadmissible. It is therefore essential to consult a lawyer quickly after notification of an unfavorable decision.

Yes, Bertrand Law Firm can intervene urgently in proceedings requiring a rapid response: provisional suspension before a hearing, summary proceedings before the Administrative Court, urgent proceedings before the CAS, opposition to an immediately enforceable decision. Our lawyers are accustomed to handling cases within very short timeframes, particularly during the transfer window or in the run-up to major competitions.

The essential documents depend on the nature of the dispute. For a contractual dispute: employment contract, pay slips, correspondence with the club, formal notice. For a disciplinary dispute: notification of the sanction, applicable regulations, exculpatory evidence. For an anti-doping dispute: notification of the positive test, analysis results, any medical certificates. During your first appointment, our lawyers will tell you exactly what documents you need.

Confidentiality varies depending on the body. Proceedings before French federal commissions are generally confidential. CAS decisions may be published unless the parties request otherwise. FIFA decisions are published on its official website. Hearings before state courts (labor courts, administrative courts) are in principle public, unless a closed session is requested in certain cases. Cabinet Bertrand ensures professional secrecy in all cases handled.