PETALING JAYA: The Court of Arbitration for Sport (CAS) may not be the final legal avenue available to the Football Association of Malaysia (FAM) after all.
According to a reliable source, who is a Malaysian sports lawyer, the FAM could take the matter to the Swiss Federal Court should their appeal at CAS fail.
FAM are disputing FIFA’s suspension of seven mixed-heritage players over doctored documents by bringing the matter to CAS.
As CAS are headquartered in Lausanne, their decisions fall under the Swiss Private International Law Act, which allows for judicial review by the Swiss Federal Tribunal in exceptional circumstances.
And this is where FAM can try to salvage their case if CAS turn down their appeal.
However, any appeal to the Swiss Federal Court would not involve a rehearing of the case or a reassessment of evidence. Instead, the scope of review is strictly confined to serious procedural irregularities.
These grounds generally fall into three main categories, according to the source.
"Jurisdictional and constitutional grounds include improper constitution of the arbitral tribunal," said the source.
"Those are the incorrect appointment of a sole arbitrator; lack of jurisdiction, where the tribunal wrongly accepted or declined authority to hear the case.
"And also decisions that exceed the tribunal’s mandate, either by ruling on matters outside the scope of the claims submitted or by failing to rule on a claim that was properly raised.
“Procedural grounds cover violations of the right to be heard, where a party was denied a fair opportunity to present its case or evidence. Also breaches of the principle of equal treatment between the parties during the proceedings.
"Public policy (substantial or procedural) apply where an award is fundamentally incompatible with Swiss public policy,'' the source added.
CAS function as the highest independent judicial body in global sport and operate in two principal capacities.
They hear certain disputes as a court of first instance and also act as an appellate body for decisions taken by international sports federations such as FIFA.
Their authority is derived from arbitration clauses embedded in the statutes and regulations of sports organisations, which member associations accept as binding.
Cases at CAS are typically heard by panels of either one or three arbitrators, depending on the complexity of the dispute and applicable regulations.
Once a decision is issued, it is generally final and binding, subject only to the narrow possibility of appeal to the Swiss Federal Court.
To date, CAS have yet to issue any media statement on the hearing or provide updates on the case.
The dispute between FAM and FIFA centres on the eligibility of seven players - Joao Figueiredo, Imanol Machuca, Rodrigo Holgado, Facundo Garces, Hector Hevel, Gabriel Palmero and Jon Irazabal - and allegations involving documentation and fraud.
FIFA fined FAM 350,000 Swiss francs (RM1.8mil) and suspended the seven players for 12 months. FIFA also overturned the results of three Malaysian matches, handing down 3–0 defeats for games against Cape Verde on May 29, Singapore on Sept 4, and Palestine on Sept 8, after determining that ineligible players had been fielded.
