Pay the total lot in pennies
City launch legal action against the Premier League
- Thread starter denislawsbackheel
- Start date
FootballSense
Well-Known Member
- Joined
- 29 Sep 2014
- Messages
- 528
Random Precision said:
You do have that right, nothing can override any person or organisation to resort to law for a legal ruling. PL rules are not above the law.
*************************************************************************************************************************************************
Do your answers to RP mean that -
(a) PL `rules` are above the law?
(b) there is no right of appeal?
(c) to all intents and purposes, `rules` are `rules` and the PL can do more or less what it wants providing its `rules`, processes and procedures are followed?
If it is yes to each of the above, how and on what basis and grounds can City be successful?
In your expert opinion, is this arbitration panel actually likely to give Manchester City an entirely fair hearing by taking a genuinely neutral perspective?
Random Precision
Well-Known Member
- Joined
- 18 Aug 2023
- Messages
- 76
- Team supported
- Newcastle
Only a Court such as a Competition Appeal Tribunal can legally rule on whether APT rules are compatible with UK Competition Law, and PL rules and for that matter any governing bodies rules have to be compatible with UK Law.
His statement is simply wrong so the premise of any questions from there are in that light:
a) Parties can agree to arbitrate disputes as envisaged and protected by the Arbitration Act. The PL rules are specifically governed pursuant to English Law including the Act but are an agreement to arbitrate and not take litigation and disputes to court. The validity of that part of the rule book has come up twice in the English courts (Newcastle and City matters).
b)The appeal is only to the extent permitted by Section X. There is no general right to appeal to the courts or the CAT.
c) Rules are binding yes but the PL can't do what they want. They are a party to a dispute in front of what should be an independent arbitration panel.
Last edited:
Wrong again. Keep going but it is not right.
Parties can decide the jurisdiction and substantive law that will govern a dispute. They can also agree on many aspects of the arbitration process, including appointing arbitrators, determining procedural rules etc. This is what the PL and the clubs do in the PL rules.
The Arbitration Act 1996 provides a legal framework and supports the autonomy of the parties in agreeing to arbitration terms.
So, leagues don't have to comply with "UK" law, the parties can decide.
The PL is governed pursuant to English law (including the ARBITRATION Act ie the parties agree to arbitrate disputes - usually privately - as an alternative to court), the Scottish Premier League rules are subject to Scottish law and the UEFA rules generally to Swiss law and with permitted appeals to CAS (which the PL also opts out of or doesn't opt into to be more precise).
So the PL's arbitration panel will decide the APT case.
Last edited:
Yes it should do. Any clear bias or bad faith would give rise to one of those limited routes to court.
cheekybids
Well-Known Member
- Joined
- 18 Sep 2009
- Messages
- 9,616
halfcenturyup
Well-Known Member
- Joined
- 12 Oct 2009
- Messages
- 10,734
Doesn't Section 69 allow appeal at the leave of the court (under certain circumstances)?
Attachments
No because it says, expressly, "X.37 Subject to the provisions of sections 67 to 71 of the Act, the award shall be final andbinding on the parties and there shall be no right of appeal. There shall be no right of appeal on a point of law under section 69 of the Act."