Lucas v. Fédération Internationale de Football Association (FIFA) and World Anti-Doping Agency (WADA) [The Suspension of Lucas for a Doping Offense] No. 4A_460/2008 - Swiss International Arbitration Law Reports (SIALR) - 2009 Vol. 3 Nos. 1 & 2

Page Count: 

16 pages

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1 PDF Download

Published: 

December, 2009

Practice Areas: 

Court Decisions

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Originally from:
Swiss International Arbitration Law Reports - 2009 Vol. 3 Nos. 1 & 2

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Headnote

■ A letter by the CAS secretariat informing the parties that the CAS

panel dealing with their case takes the view that it has jurisdiction to

hear that case, but will make a reasoned decision on jurisdiction in

its final award, does not constitute a preliminary decision (an award)

on jurisdiction.

■ A party having received such a communication does not forfeit its

right to challenge the final award on jurisdictional grounds simply

on the basis that it has not requested a reasoned, preliminary

decision on jurisdiction. Setting aside proceedings against the final

award will therefore be admissible (also) on jurisdictional grounds.

■ An arbitration clause contained in the FIFA Statutes and

incorporated into the bylaws of a national football association by

virtue of a global reference which such bylaws make to the FIFA

Statutes amounts to a valid and binding arbitration agreement

(confirmation of previous decisions). A football player who is a

member of such national football association is therefore bound by

such arbitration agreement (confirmation of previous decisions).

 

Summary of the Decision

 

Mr. Ricardo Lucas, a professional Brazilian football player and a

member of the Brazilian Football Confederation (Confederação

Brasileira de Futebol; CBF), was required to undergo a doping test on

the occasion of a match and tested positive. As a consequence, CBF’s

Disciplinary Committee suspended him. Mr. Lucas appealed against that

decision before the Superior Court of Justice for Sport and Football

Matters (Superior Tribunal de Justiça Desportiva do Futebol; STJD)

which set aside the decision of the CBF Disciplinary Committee.

 

FIFA and the World Anti-Doping Agency (WADA) appealed against

STJD’s decision before the Court of Arbitration for Sport (CAS)

requesting a two-year suspension. The CAS secretary informed the

parties that the CAS panel in charge of the matter took the view that it

had jurisdiction and that it would give reasons in the final award. In the

final award, the CAS panel held that it had jurisdiction, set aside STJD’s