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Questions Raised Over The Role Of Arbitrator In Bhaichung Bhutia Case
While the All India Football Federation (AIFF) announced the appointment of former Additional Solicitor General of India, Amarendra Sharan as the arbitrator in the Mohun Bagan-Bhaichung Bhutia transfer case, many continue to question the idea behind appointing an arbitrator in the case...
04-Sep-2009 9:27:43 AM
On the eve of the Nehru Cup final, the AIFF Executive
Committee decided to hire a reputed lawyer to look into the transfer saga which
has gone far too long for anyone’s comfort.
However, it must be noted that an arbitrator is called for in any case when both parties agree to follow and there must be an arbitration agreement in place. In Bhaichung’s case, according to what AIFF general secretary Alberto Colaco was quoted saying, there isn’t any.
“In his letter, Bhaichung Bhutia has informed us that there was no arbitration clause in his contract with Mohun Bagan. So we need a legal expert to look into this,” said Colaco.
Meanwhile, the Indian FA haven’t kept in check the laws mentioned in its Constitution which clearly mentions that in case of an arbitration, all the previous stages of appeal have to be exhausted.
Only the arbitrators shall deal with appeals against decisions and sanctions of the last instance, after all previous stages of appeal available at AIFF, Member, Club level have been exhausted. The reference to arbitrators shall be sought by an application made to the AIFF General Secretariat within 10 days of the notification of the decision. (Article 60 (i))
So far there hasn’t been any decision announced. It must be remembered that Bhaichung’s case could have had a judgement had Indian Football Association (IFA) been given a free hand to do so. But needless interference from the AIFF, which wrote to the IFA, stating that since the Indian captain wants the transfer saga to come to a close as quickly as possible, they shall refer the matter to the Players Status Committee (PSC). The IFA refused to give a decision as they felt that it could be embarrassing for them if their decision and the one taken by the PSC would be contradictory.
The PSC wrote to the AIFF that without the decision of the IFA and all the documents provided, as they believed that they were provided with insufficient details, they can’t take a decision. Next, the Indian FA appoints Alberto Colaco to get the two parties for an amicable solution which didn’t produce any factual results as was known to all.
The AIFF have appointed a single solicitor as the arbitrator to resolve the case or “settle the dispute”, which also goes against what’s mentioned in their laws!
AIFF shall create an option for recourse to arbitration, by nominating a panel of 10 independent arbitrators to resolve any disputes between AIFF, its Members, Clubs, Players, Officials and all those involved in the Game of Association Football. The arbitration tribunal will only deal with internal disputes that do not fall under the jurisdiction of the other two judicial bodies of the AIFF (Disciplinary Committee and the Appeal Committee). (Article 59)
It is also stated that the Arbitrators wouldn’t entertain complaints on (a) violations of the Laws of the Game; (b) suspensions of up to four matches or up to three months; (c) decisions passed by an independent and duly constituted arbitration tribunal of a Member. (d) Decisions of the Disciplinary and Appeal Committee. (Article 60 (ii))
Also the arbitrators are empowered to deal with all disputes between a third party and any entities or persons only if an arbitration agreement exists (Article 60 (iii), which isn’t case with Bhaichung’s contract.
One wonders whether the Indian skipper shall ever get a decision on his transfer saga and ongoing duel with Mohun Bagan due to plain mishandling of the affair.
Rahul Bali.
However, it must be noted that an arbitrator is called for in any case when both parties agree to follow and there must be an arbitration agreement in place. In Bhaichung’s case, according to what AIFF general secretary Alberto Colaco was quoted saying, there isn’t any.
“In his letter, Bhaichung Bhutia has informed us that there was no arbitration clause in his contract with Mohun Bagan. So we need a legal expert to look into this,” said Colaco.
Meanwhile, the Indian FA haven’t kept in check the laws mentioned in its Constitution which clearly mentions that in case of an arbitration, all the previous stages of appeal have to be exhausted.
Only the arbitrators shall deal with appeals against decisions and sanctions of the last instance, after all previous stages of appeal available at AIFF, Member, Club level have been exhausted. The reference to arbitrators shall be sought by an application made to the AIFF General Secretariat within 10 days of the notification of the decision. (Article 60 (i))
So far there hasn’t been any decision announced. It must be remembered that Bhaichung’s case could have had a judgement had Indian Football Association (IFA) been given a free hand to do so. But needless interference from the AIFF, which wrote to the IFA, stating that since the Indian captain wants the transfer saga to come to a close as quickly as possible, they shall refer the matter to the Players Status Committee (PSC). The IFA refused to give a decision as they felt that it could be embarrassing for them if their decision and the one taken by the PSC would be contradictory.
The PSC wrote to the AIFF that without the decision of the IFA and all the documents provided, as they believed that they were provided with insufficient details, they can’t take a decision. Next, the Indian FA appoints Alberto Colaco to get the two parties for an amicable solution which didn’t produce any factual results as was known to all.
The AIFF have appointed a single solicitor as the arbitrator to resolve the case or “settle the dispute”, which also goes against what’s mentioned in their laws!
AIFF shall create an option for recourse to arbitration, by nominating a panel of 10 independent arbitrators to resolve any disputes between AIFF, its Members, Clubs, Players, Officials and all those involved in the Game of Association Football. The arbitration tribunal will only deal with internal disputes that do not fall under the jurisdiction of the other two judicial bodies of the AIFF (Disciplinary Committee and the Appeal Committee). (Article 59)
It is also stated that the Arbitrators wouldn’t entertain complaints on (a) violations of the Laws of the Game; (b) suspensions of up to four matches or up to three months; (c) decisions passed by an independent and duly constituted arbitration tribunal of a Member. (d) Decisions of the Disciplinary and Appeal Committee. (Article 60 (ii))
Also the arbitrators are empowered to deal with all disputes between a third party and any entities or persons only if an arbitration agreement exists (Article 60 (iii), which isn’t case with Bhaichung’s contract.
One wonders whether the Indian skipper shall ever get a decision on his transfer saga and ongoing duel with Mohun Bagan due to plain mishandling of the affair.
Rahul Bali.
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