The new FIFA NDRC regulations bring substantial changes, including elaborate recognition principles for NDRCs and suggested revisions of the Standard NDRCs Regulations. These modifications will have an obvious impact on the operations of national dispute resolution bodies.
Recognition process
From 1 February 2024, NDRCs can be formally recognised by FIFA, through an application via the Legal Portal. The recognition shall be valid for 4 years if it fulfils all the relevant requirements. FIFA will publish a list of the recognised NDRCs.
All member associations with operational NDRCs must submit a request for recognition by 1 June 2024.
The new regulatory system shall come into force on 1 January 2025.
Any decision of the DRC regarding the recognition of the NDRC is final and binding and thus, it is not subject to an appeal before the Court of Arbitration for Sport.
Elaborate criteria are established for NDRCs to meet all fundamental procedural standards to protect all involved parties (most importantly the equal representation between employers and employees).
Some interesting elements of the new regulatory framework are the following:
- The new regulations include an analytic description of the appointment process for NDRC members.
- Recognised NDRCs shall publish all their decisions!
- No advance of costs shall be payable to lodge claims related to contractual relationships between employers and employees and the employment disputes before the NDRC shall be free of charge (to guarantee fair proceedings and respect the principle of access to justice).
Deviations may be accepted, if established by a validly negotiated collective bargaining agreement, following the national law. If potential deviations are dictated by national law, the FIFA DRC will have to evaluate whether the criteria for recognition are met.
FIFA also issues the NDRC Standard Regulations that shall serve as a guide for NDRCs to create and operate at national level, in accordance with the requirements of FIFA. NDRCs must adhere to the standards outlined in the NDRC Standard Regulations. Nevertheless, regarding certain provisions, the member associations have the discretion to define the exact regulatory or procedural framework themselves.
The new regulations can be found in the following link:
https://inside.fifa.com/legal/news/fifa-introduces-new-regulatory-framework-for-national-dispute-resolution-chambers