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Following the need for a dispute resolution process and in accordance with the FIVB Sports Regulations, the FIVB has delegated its competence and powers to CEV so that the Confederation can resolve disputes involving European players, coaches and clubs.

Article 45.11 of the FIVB Sports Regulations provides that a volleyball club, player or coach may file a complaint before the FIVB in order to resolve a financial dispute of international dimension. The same procedure may also apply to a financial dispute between a national federation and a coach.

From November 1st 2013 the procedure is free of charge, with the exception of the handing fee of CHF 500 (FIVB Cases) or EUR 400 (CEV cases). As soon as CEV confirms that the Complaint is admissible, the Claimant will be requested to pay the handling fee so that the case can proceed. At the end of the procedure and depending on its outcome and behaviour of the parties, CEV will decide which party (if any) will bear these costs.

Useful Documents:
    • Guide to the FIVB procedure for Financial Disputes
    • Complaint template

For further information please access the FIVB Sports Regulations (Article 45.11) and FIVB Tribunal Regulations.

Please note that any disputes involving players, coaches and clubs outside of Europe should be forwarded to the FIVB. Additional information can be found on the FIVB website for these cases.

Note: The FIVB Sports Regulations entered into force during the 2012/13 season. Consequently, only cases which arose during the 2012/13 season (or later) are admissible as Financial Disputes under the procedure of Art. 45.11 of the FIVB Sports Regulations. Contractual violations relating to previous seasons may, depending on their circumstances, fall under the scope of Art. 45.10.3 of the FIVB Sports Regulations.

Below is the Step-by-Step Procedural Guide for Resolution of Financial Disputes.

Step-by-Step Procedural Guide for the Resolution of Financial Disputes between Clubs, Players and Coaches in International Volleyball

Step 1: Gather information on www.fivb.org
To initiate a Complaint procedure:
    • Review FIVB Sports Regulations, Art. 45.11
    • Review FIVB Tribunal Regulations
    • Download the Complaint Template

The dispute shall be:
    • Of financial nature
    • Of international dimension
    • Involving a player/coach vs club (or vice versa)
    • Also: coach vs NF (or vice versa)

Step 2: Complete the Complaint Template
The Complaint shall contain:
    • Names, full contact details of the Claimant and the Respondent and of their respective counsel (if any);
    • Summary of facts;
    • Legal arguments (if any);
    • Request for relief;
    • Claimant’s bank details;
    • Copy of the Contract (Certified English translation required if contract written in another language); and
    • All written evidence (including correspondence, bank slips etc.) - Claimant has the burden of proving his/her allegations!

Step 3: File the Complaint
Determine if the FIVB or a Confederation is competent to decide on the Complaint
If both Parties come from Europe, CEV will administer and decide on the Complaint.
If both Parties come from North -Central Americas and Caribbean, NORCECA will administer and decide on the Complaint.
In all other cases, FIVB will administer and decide on the Complaint.

Fax or email the completed and signed Complaint together with accompanying documentation to:
Email: transfers@cev.lu - Fax: +352 25 46 46 10 - if both Parties come from Europe

Step 4: Procedure initiated
Once the Complaint is received, the FIVB/Confederation:
    • Confirms with the Claimant that the Complaint was received and whether any documentation is missing
    • Opens a case file*
*For Financial Disputes falling under the competence of the FIVB/CEV, the Claimant will be requested to pay the amount of CHF 500/EUR 400 as non-reimbursable handling fee for the procedure to the bank account details as below.

Beneficiary: Conféderation Européenne de Volleyball – 488 route de Longwy – L-1940 Luxembourg
Euro Bank Account: BGL BNP Paribas Luxembourg

IBAN: LU 6000 3044 2729 8050 00 Swift: BGLLLULL

 

Note: at any stage of the process the FIVB/Confederation may decide to refer the case directly to the FIVB Tribunal

Step 5: Respondent is informed
    • FIVB/Confederation informs the Respondent of the Complaint
    • A time limit to file the Reply is established and communicated to Respondent (2 weeks maximum)
Note: at any stage of the process the FIVB/Confederation may assist the parties in reaching a settlement

Step 6: Respondent files Reply
The Reply shall contain:
    • Name and full contact details of the Respondent and its counsel (unless this information has already been set out in the Complaint);
    • A statement of defence, including a statement of facts;
    • Legal arguments (if any);
    • Requests for relief;
    • Any counterclaim; and
    • All written evidence on which the Respondent intends to rely.

Step 7: Decision by FIVB/Confederation
FIVB/Confederation evaluates the submissions and takes a decision
    • based on a balance of probabilities; and
    • applying general principles of justice and fairness
The decision may
    • set a final time limit for the parties’ compliance; and
    • determine that non-compliance will result into sanctions (see list of sanctions in Step 10)

Step 8: Request for Review by the FIVB Tribunal
Once a Decision is issued by the FIVB/Confederation:
    • Any affected Party may request that the case be reviewed by the FIVB Tribunal
    • The Party must file the Request for Review with the FIVB Tribunal Secretariat within 14 days from notification of the decision
    • See the FIVB Tribunal Regulations for the Request for Review procedure.

Step 9: Appeal before CAS
    • Decisions of the FIVB Tribunal can only be appealed to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland.
    • Only decisions from the FIVB Tribunal can be appealed to the CAS (no direct appeal against decision of FIVB/Confederation)
    • Appeals must be lodged within 21 days from receipt of FIVB Tribunal’s decision.

Step 10: Disciplinary Sanctions
    • Failure by a NF, club, coach or player to comply with a decision of FIVB/Confederation/FIVB Tribunal/CAS may be sanctioned as follows:
    • Warning;
    • Fine up to CHF 50,000;
    • Prohibition of receiving an ITC (for clubs) or prohibition to transfer internationally (for players);
    • Prohibition of registering and lining-up foreign players in any competition (for clubs);
    • Prohibition of participating in international competitions.

The above sanctions can be applied more than once.