Fleetwood Wanderers Ltd (t/a Fleetwood Town Football Club) v AFC Fylde Ltd

Fleetwood Wanderers Ltd (t/a Fleetwood Town Football Club) v AFC Fylde Ltd

The arbitrator breached his duty under Section 33(1) of the Arbitration Act 1996 by making inquiries of the FA and receiving information relevant to the dispute without notifying the parties or giving them an opportunity to make representations. This amounted to a serious irregularity under Section 68(2)(a) because it is realistically possible that, had the parties been given the opportunity to respond, the arbitrator might have reached a different conclusion on the applicability of Article 17 of the FIFA RSTP. The award is therefore remitted to the arbitrator for reconsideration of the Article 17 issue.

Parties
Claimant: Fleetwood Wanderers Limited (t/a Fleetwood Town Football Club); Defendant: AFC Fylde Limited
Jurisdiction
England and Wales
Judgment Date
30 November 2018
Procedural Posture
Arbitration Challenge (high Court) / Judgment on Application to Set Aside/remit Arbitral Award
Outcome
Award remitted to arbitrator for reconsideration
Legal Topics
Arbitral Irregularity, Football Association Rules, FIFA Regulations on the Status and Transfer of Players (rstp), Section 68 Arbitration Act 1996, Incorporation of International Sporting Regulations, Procedural Fairness in Arbitration
Arbitration Sports Law Contract Law Arbitral Irregularity Football Association Rules FIFA Regulations on the Status and Transfer of Players (rstp) Section 68 Arbitration Act 1996 Incorporation of International Sporting Regulations +1 more

Case Brief

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Parties

Fleetwood Wanderers Limited (t/a Fleetwood Town Football Club)

Claimant

AFC Fylde Limited

Defendant

Procedural Posture

Arbitration Challenge (high Court) / Judgment on Application to Set Aside/remit Arbitral Award

Legal Issues

  1. 1 Whether the arbitrator committed a serious irregularity under Section 68(2)(a) of the Arbitration Act 1996 by communicating with the FA without notifying the parties
  2. 2 Whether Article 17 of the FIFA RSTP was incorporated into the FA Rules and thus applicable to the dispute
  3. 3 Whether the arbitral award should be set aside, remitted, or declared of no effect

Ratio Decidendi

The arbitrator breached his duty under Section 33(1) of the Arbitration Act 1996 by making inquiries of the FA and receiving information relevant to the dispute without notifying the parties or giving them an opportunity to make representations. This amounted to a serious irregularity under Section 68(2)(a) because it is realistically possible that, had the parties been given the opportunity to respond, the arbitrator might have reached a different conclusion on the applicability of Article 17 of the FIFA RSTP. The award is therefore remitted to the arbitrator for reconsideration of the Article 17 issue.

Court Disposition

Award remitted to arbitrator for reconsideration

Orders

  • The arbitral award is remitted to the arbitrator for reconsideration of the applicability of Article 17 of the FIFA RSTP and the related claim.
  • Further submissions to be heard on the terms of remission and costs.