Later, meeting an April 14 deadline, FIFA informed the Lausanne, Switzerland-based CAS of its objection to a proposal submitted by Crowne and Gayle. The New City Chambers attorneys had proposed that a single arbitrator be appointed to hear the case.
“I can confirm that FIFA responded and said they wanted three arbitrators, given the gravamen of the matter,” attorney Gayle told the Trinidad Express, after receiving correspondence on Tuesday from CAS’ Head of Arbitration, Antonio De Quesada, informing them that FIFA was not in favour of their proposal.
Yesterday, Gayle said: “We have not heard from FIFA directly; what has been shared with us came from CAS.”
FIFA’S correspondence, forwarded by De Quesada, said: “We inform you that we do not agree with the Appellant’s proposal to appoint a sole arbitrator in the matter at hand. Indeed, the present dispute concerns an exceptional situation that has led FIFA to take important governance-related measures in one of its members, in accordance with the FIFA Statutes.”
FIFA’s latest position clearly presents a minor setback for United TTFA’s team. Gayle disclosed that CAS will now decide who the arbitrators will be, but admitted the likelihood of additional costs.
“We are of the view that the issues, though of large importance, are simple and straightforward enough to be handled by one arbitrator,” said Gayle. “Clearly, there will be financial implications with the selection of three arbitrators instead of one. But other than the financial implications, the case remains the same.”
United TTFA’s legal team will now take the next step, meeting a deadline of Friday, April 17, to file an appellate brief, a more comprehensive document containing all the legal arguments as to why United TTFA should win the case. It will contain details of the case, witnesses, experts and so on. FIFA will have until Monday, April 20 to produce its own arguments after which CAS will determine a time frame for the case to begin.
“That will be done (appellate brief filed) today or tomorrow,” Gayle informed.
The costs in the arbitration before the Court of Arbitration for Sport include mainly the fees of arbitrators and general costs of the proceedings. However, this can amount to a hefty sum. Each party involved in a dispute submitted to CAS arbitration must pay the Court Office a minimum sum of one thousand Swiss francs for arbitration to be registered, as had been done by the TTFA on April 6.
Parties also have to make an advance part-payment, as determined by the CAS Court Office, and at the end of the proceedings the CAS Court Office determines the exact amount of the arbitration costs. These costs include the CAS Court Office fee, administrative costs, the arbitrators’ fees and several other costs. The Secretary General of CAS fixes the amount to be paid to each arbitrator based on work provided, encompassing remuneration of US$300-$500 per hour, along with provision of first-class travel tickets, hotel fees, meals of US$150 a day, witnesses’ and experts’ costs and so on.
