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Austin to challenge FIFA on suspension
Monday, June 20, 2011
BRIDGETOWN, Barbados (CMC) — Embattled CONCACAF executive Lisle Austin is expected to challenge FIFA's assertion that he is no longer recognised as acting president of the continental governing body.
Austin was recently suspended for an "apparent infringement of the CONCACAF statutes" after taking over from football strongman Jack Warner who also had been suspended by FIFA's ethics committee pending an investigation into bribery allegations.
FIFA subsequently extended Austin's ban to worldwide.
Honduran Alfredo Hawit was appointed the new acting CONCACAF president but Austin claimed his ousting was "illegal" and gained an injunction in the Bahamas Supreme Court on June 10 to overturn the decision.
In a letter sent to CONCACAF members and the executive committee on the same day, however, FIFA secretary general Jerome Valcke confirmed Hawit as the rightful head of the organisation.
Valcke also reminded members of CONCACAF's own rules which forbid the use of "ordinary courts" to resolve disputes. Aggrieved parties in FIFA are expected to seek recourse through the governing body or the Court of Arbitration for Sport.
CMC Sports understands that Austin is expected to argue that with CONCACAF registered in the Bahamas, any organisation under that jurisdiction would have to comply with the laws of the land.
In granting the injunction, the court had reviewed the CONCACAF and FIFA Statutes and determined it had jurisdiction to hear the case and also issue a ruling.
Further, Austin is expected to contend that national federations — not CONCACAF — are members of FIFA and therefore the restriction on the use of the courts cannot apply in this instance since the dispute is between him and CONCACAF.
And while FIFA's Statues state that Court of Arbitration for Sport can be used to settle disputes between FIFA and members, confederations, leagues, clubs, players, officials and licensed match agents and players' agents, Austin is expected to challenge that this again does not apply to the current situation.
In the event that FIFA claims that CONCACAF is a member, the Barbadian is likely to contend that FIFA's Statues uphold the independence of each member and therefore the world governing body would be prohibited from interfering with its member's function.
CMC Sports has also learnt that in reference to the FIFA ban on Austin worldwide, the veteran administrator will argue that it was handed down by the Legal Committee which has no power in such matters since it is not a judicial body, but listed in FIFA's statues as a Standing Committee.
Read more: http://www.jamaicaobserver.com/sport...#ixzz1PrL1Wkd7
Monday, June 20, 2011
BRIDGETOWN, Barbados (CMC) — Embattled CONCACAF executive Lisle Austin is expected to challenge FIFA's assertion that he is no longer recognised as acting president of the continental governing body.
Austin was recently suspended for an "apparent infringement of the CONCACAF statutes" after taking over from football strongman Jack Warner who also had been suspended by FIFA's ethics committee pending an investigation into bribery allegations.
FIFA subsequently extended Austin's ban to worldwide.
Honduran Alfredo Hawit was appointed the new acting CONCACAF president but Austin claimed his ousting was "illegal" and gained an injunction in the Bahamas Supreme Court on June 10 to overturn the decision.
In a letter sent to CONCACAF members and the executive committee on the same day, however, FIFA secretary general Jerome Valcke confirmed Hawit as the rightful head of the organisation.
Valcke also reminded members of CONCACAF's own rules which forbid the use of "ordinary courts" to resolve disputes. Aggrieved parties in FIFA are expected to seek recourse through the governing body or the Court of Arbitration for Sport.
CMC Sports understands that Austin is expected to argue that with CONCACAF registered in the Bahamas, any organisation under that jurisdiction would have to comply with the laws of the land.
In granting the injunction, the court had reviewed the CONCACAF and FIFA Statutes and determined it had jurisdiction to hear the case and also issue a ruling.
Further, Austin is expected to contend that national federations — not CONCACAF — are members of FIFA and therefore the restriction on the use of the courts cannot apply in this instance since the dispute is between him and CONCACAF.
And while FIFA's Statues state that Court of Arbitration for Sport can be used to settle disputes between FIFA and members, confederations, leagues, clubs, players, officials and licensed match agents and players' agents, Austin is expected to challenge that this again does not apply to the current situation.
In the event that FIFA claims that CONCACAF is a member, the Barbadian is likely to contend that FIFA's Statues uphold the independence of each member and therefore the world governing body would be prohibited from interfering with its member's function.
CMC Sports has also learnt that in reference to the FIFA ban on Austin worldwide, the veteran administrator will argue that it was handed down by the Legal Committee which has no power in such matters since it is not a judicial body, but listed in FIFA's statues as a Standing Committee.
Read more: http://www.jamaicaobserver.com/sport...#ixzz1PrL1Wkd7
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