Stretford v Football Association Ltd & Anor

Stretford v Football Association Ltd & Anor

Rule K was incorporated into the contract between Mr Stretford and the FA by express terms, course of dealing, and conduct. The meeting of 2nd September 2005 did not preclude the FA from relying on Rule K. Rule K is not null, void, or inoperative under s.9(4) Arbitration Act 1996; it constitutes a valid, voluntary, informed, and unequivocal waiver of Article 6 ECHR rights. The requirements of s.9(4) are fulfilled and the proceedings must be stayed.

Parties
Claimant: Paul Stretford; First Defendant: The Football Association Limited; Second Defendant: Barry Bright
Jurisdiction
England and Wales
Judgment Date
17 March 2006
Procedural Posture
Civil (contract/arbitration) / Application for Stay of Proceedings Under S.9 Arbitration Act 1996
Outcome
Stay of proceedings granted under s.9 Arbitration Act 1996
Legal Topics
Incorporation of Arbitration Clauses, Waiver of Article 6 ECHR Rights, Restraint of Trade, Public Policy and Disciplinary Proceedings
Contract Law Sports Law Arbitration Human Rights Incorporation of Arbitration Clauses Waiver of Article 6 ECHR Rights Restraint of Trade Public Policy and Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Paul Stretford

Claimant

The Football Association Limited

First Defendant

Barry Bright

Second Defendant

Procedural Posture

Civil (contract/arbitration) / Application for Stay of Proceedings Under S.9 Arbitration Act 1996

Legal Issues

  1. 1 Whether Rule K (arbitration clause) was incorporated into the contract between Mr Stretford and the FA
  2. 2 Whether the events of the 2nd September 2005 meeting precluded the FA from relying on Rule K
  3. 3 Whether Rule K is null and void or inoperative under s.9(4) Arbitration Act 1996 due to incompatibility with Article 6 ECHR

Ratio Decidendi

Rule K was incorporated into the contract between Mr Stretford and the FA by express terms, course of dealing, and conduct. The meeting of 2nd September 2005 did not preclude the FA from relying on Rule K. Rule K is not null, void, or inoperative under s.9(4) Arbitration Act 1996; it constitutes a valid, voluntary, informed, and unequivocal waiver of Article 6 ECHR rights. The requirements of s.9(4) are fulfilled and the proceedings must be stayed.

Court Disposition

Stay of proceedings granted under s.9 Arbitration Act 1996

Orders

  • All further proceedings in the action are stayed pursuant to s.9 Arbitration Act 1996, subject to the FA's undertaking regarding charges based on Rule E.3 as per Meadow v GMC [2006] EWHC 146