Porto Court of Appeal | Jurisdiction of Sports Arbitration Court | 27-06-2018 | Case #008

Porto Court of Appeal
Date: 27-06-2018
Case Nr. 64161/17.9YIPRT.P1
LINK DGSI

This case summary was kindly prepared by Rishabh Raheja, (rishabharaheja@gmail.com, NALSAR University of Law), Sameer Thakur (sameerthakur@live.in, NALSAR University of Law), and Abhishek Babbar (abhishekbabbar1996@gmail)

Headlines:

The Sports Arbitration Court (TAD) does not have the jurisdiction to decide on purely private matters that contain a remote connection to sporting bodies.

Summary:

1. Article 4 (1) of the Law of the Sports Arbitration Court exclusively assigns to the TAD the jurisdiction to hear disputes involving the exercise of powers of a public nature; in particular disputes arising from the practice or omission of acts of authority.

2. The case of a breach of contract, which is based on the failure to pay the amount agreed in a contract for the provision of mediation services in connection with the hiring of a sports professional is a private dispute and is therefore not part of the jurisdiction of the TAD.

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