FIVB
Review FIVB Sports Regulations, Art. 45.11 Financial Disputes between volleyball clubs, volleyball players and volleyball coaches
45.11.1 Procedure before FIVB/Confederation:
a) A volleyball club, a volleyball player or a volleyball coach may file a complaint before FIVB.
b) After receiving a written complaint (“Complaint”) and providing the respondent with an opportunity to submit its reply in writing (“Reply”), the FIVB can decide a financial dispute of an international dimension between a club, a player or a coach. It can also decide financial disputes of an international dimension between a coach and a National Federation.
c) The Complaint and the Reply shall include a summary of facts as well as specific requests for relief. The complaining party shall have the burden of proving its allegations. The FIVB may request further submissions and translations into English from the parties.
d) The FIVB conducts the procedure expeditiously – and endeavours to complete it within 2 months from filing of the complaint – in accordance with guidelines to be established by the FIVB. The decision will be taken on a balance of probabilities and by applying general principles of justice and fairness without reference to any particular national or international law (ex aequo et bono). It shall state brief reasons.
e) The FIVB may, at any stage of the procedure, assist the parties in reaching a settlement or decide to submit the case directly to the FIVB Tribunal. It may refrain from entertaining the Complaint in case no ITC has been issued for a player’s transfer or in case of an illegal transfer.
f) The FIVB may set a final time limit for the parties’ compliance with its decision and also determine that non-compliance will result into the imposition of sanctions under Article 45.11.3 below. Said sanctions may apply automatically after the lapse of the time limit.
g) In case of disputes involving parties from the same Confederation, the FIVB may delegate its powers under this Article to the respective Confederation. The FIVB will then have the right to extend worldwide the sanction(s) imposed by Confederations.
FIVB SPORTS REGULATIONS SECTION II CHAPTER 9
a) Within fourteen (14) days from notification of the decision under Article 45.11.1 above, any affected party may request that the case be reviewed by the FIVB Tribunal.
b) The procedure before the FIVB Tribunal is set out in the FIVB Tribunal Regulations.
c) Decisions of the FIVB Tribunal can only be appealed to the Court of Arbitration for Sport (CAS), Lausanne, Switzerland and any such appeal must be lodged with CAS within twenty-one (21) days from the receipt of the decision. Decisions of the FIVB /Confederation under Article 45.11.1 above may not be appealed to the FIVB Appeals Panel.
45.11.3
If a volleyball NF, volleyball club, volleyball coach or volleyball player that was a party to proceedings before the FIVB/Confederation, the FIVB Tribunal or before the Court of Arbitration for Sport (CAS) fails to comply with the decision of said body, it commits an offence. The FIVB may impose the following sanctions on this party:
a) Warning;
b) Fine up to CHF 50,000;
c) Prohibition of receiving an ITC (for clubs) or prohibition to transfer internationally (for players);
d) Prohibition of registering and lining-up foreign players in any competition (for clubs);
e) Prohibition of participating in international competitions.
The above sanctions can be applied more than once.
⁃ Download the Complaint Template (here)
The dispute shall be:
- Of financial nature
- On international dimension
- Involving a player/coach vs cub (or vice versa) and coach vs NF (or vice versa)
NEXT: STEP 2 – How to complete the Complaint Template
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