国际足联争议解决庭对雇佣合同相关争议的管辖权问题——以巴西球员诉大连阿尔滨俱乐部为例

Solving Jurisdiction of Employment Contract by FIFA DRC

足球运动的全球化、商业化发展产生了越来越多的足球争议,而国际足联解决足球争议已成为国际足坛争议解决最权威的方式。近些年来,众多涉及球员与俱乐部间相关雇佣合同的争议纷纷上诉至国际体育仲裁院,其中国际足联争议解决委员会对此类纠纷的管辖权问题更是频频引发争议。通过分析巴西球员诉大连阿尔滨足球俱乐部一案,认为国际足联争议解决委员会应明确对相关雇佣合同争议的管辖权,从更广泛的背景和不同的角度审理球员与俱乐部之间相关雇佣合同的争议,避免重复采用以往的裁决标准,影响裁决的公正。

The globalization and commercialization of soccer have brought about more and more controversial issues.The method that FIFA DRC adopts to deal with these issues has become the most reliable one in the soccer world.In the recent years,many cases which is related to the contract between players and clubs have been brought to the CAS and the FIFA DRC has been often questioned about its jurisdiction of solving this type of cases.Based on the case of Brazilian football player suing Dalian Aerbin Football Club,the paper proposes that the FIFA DRC should clarify the jurisdiction of the employment contract to solve the dispute between the players and the clubs about the employment contract with different views and avoid the old standard affecting the fair judgement.