The EHF Court of Arbitration is born!

This new arbitration body has been created by the 8th Extraordinary EHF Congress in Rome. The intention of all the parties involved has been to develop a unique arbitration structure providing for a competent, simple, efficient, recognised and independent resolution of disputes arising in the world of Handball and of the Sport in general. Upon advices of experts and fruitful decisions, the EHF Court of Arbitration has been granted all necessary assets to reach such objective.

• The EHF new legal system
• The EHF Court of Arbitration - ECA
  • ECA Competence
  • ECA Composition
  • ECA Procedure
  • ECA Costs
• The ECA Council - ECC
• The ECA Office – Contacts
• The ECA Arbitrators List

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The EHF new legal system

Along with the creation of the EHF Court of Arbitration, the whole structure of the EHF internal legal system has been modernised. Two bodies are now in place for the settlement of Handball related matters within the EHF:

• The EHF Business Operations, responsible for administrative cases in first instance.
   
• The EHF Arbitration Tribunal, handling in first instance cases regarding the Rules of the Game and bilateral disputes in connection with competitions between National Federations and in second instance cases decided by the EHF Office in administrative matters. Decisions of the EHF Arbitration Tribunal are final within the EHF.

A further step has now been created allowing the parties, if they wish to do so, to bring their cases after the decision of the EHF Arbitration Tribunal to an independent and external arbitration body: the EHF Court of Arbitration.

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The EHF Court of Arbitration - ECA

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ECA Competence

The EHF Court of Arbitration has been granted competence in the following matters: "disputes arising between the EHF and national Federations, the national Federation among each other, national Federations and their clubs with regard to cross-border facts, in conjunction with disputes emerging from EHF competitions, as well as between Player, Player's agent, EHF, national Federations and clubs". Moreover the ECA may handle other sport-related cases, "if it serves the protection of legal certainty and principle of law and legal entity as well as matter of principle relating to sport".

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ECA Composition

The cases are decided by the ECA through an arbitral chamber of three arbitrators chosen by the parties in the ECA Arbitrators List. The arbitrators included in such List have been nominated by the National Federations or the EHF taking in consideration their knowledge and experience in the domain of sport, their legal competence as well as their capacity to handle arbitration proceedings in total impartiality and independence. You can find the names and profiles of all the ECA arbitrators below under the section ECA Arbitrators List.

The arbitrators chosen to form an ECA arbitral chamber shall work in full impartiality and independence without following any directions or representing any party.

This system of free choice by the parties of the arbitrators deciding on their cases has been put in place in order to assure the independence of this new Court of Arbitration and its recognition by all members of the Sport world.

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ECA Procedure

The arbitration proceedings within the ECA are dealt with in English.

After a claim has been filed with the ECA Office to refer a certain case to the EHF Court of Arbitration, each party nominates its own arbitrator from the ECA Arbitrators List. The third arbitrator is chosen also from the List by the two nominated arbitrators. He presides as Chairman over the proceedings. The proceedings may be handled orally and/ or in writing. Upon presentation by each of the parties of arguments, pleadings, communications or documents, the ECA arbitral chamber decides on the case in accordance with the EHF Regulations and the relevant contracts, as far as this does not conflict with the general principles of law and renders a final written award.

Further information on the ECA procedure can be found in the Rules of Arbitration for the EHF Court of Arbitration, available under this link: http://www.eurohandball.com/ehf/regulations (Legal - Rules of Arbitration ECA)

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ECA Costs

Any claim filed with the ECA Office will be registered upon payment of a deposit of EUR 5.000.

The amount of deposit consists of the following elements:

• A registration fee of € 1.500,
• An advance payment of administrative costs, of any value added tax and cash outlay for the ECA Office,
• An advance payment of arbitrators' fees.

The ECA Office may demand further payment to the claimant, when necessary.

The registration fee is not repayable. The advance payments may be refunded to the claimant depending on the decision of the ECA arbitral chamber and the cost of the arbitration proceedings. As a general rule the unsuccessful party bears the costs of the arbitration proceedings (including in particular the administrative costs and the arbitrators´ fees). Such rule may be mitigated by the ECA arbitral chamber taking in consideration the circumstances of the case.

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The ECA Council - ECC

The ECA Council made up of three members -one President and two Vice-Presidents- and an Office has been created along with the ECA in order to safeguard its independence and the rights of the parties.

This new Council, besides having a role of representation of the ECA towards the EHF Congress, is mainly responsible for the administration of the new Court of Arbitration, including in particular the following functions:

• Work structuring,
• Confirmation of the nominated arbitrators after review of the legal criteria,
• Appointment of substitute arbitrators,
• Appointment of arbitrators for interim measures of protection.

The ECA Council is currently managed by the following members:

• Mr. Jörgen Holmqvist, Sweden, President
• Mrs. Janka Stasova, Slovakia, Vice-President
• Mr. Jacques Bettenfeld, France, Vice-President

The ECA Council members are automatically inserted in the ECA Arbitrators List.

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The ECA Office – Contacts

The ECA Office, as part of the ECA Council, has been given the function to look ahead for the arbitrational handling of the disputes by the ECA and to provide an organisational support to the ECA Council and the arbitrators in the view to assure the compliance with the Rules of Arbitration for the ECA, the transparency of the ECA proceedings and the neutral and independent administration of business of the ECA Council.

The ECA Office is also available to answer any question with regard to the EHF Court of Arbitration, do not hesitate to contact us:
ECA Office
Maelle Grimaud
Hoffingergasse 18
1120 Vienna, Austria

Tel: +43 (1) 80 151-113
Fax: +43 (1) 80 151-149
Email: office@eca-handball.com

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The ECA Arbitrators List