so it seem like FIFA was not named in the suit. can FIFA pull the plug on TTTF and give them an out from paying de players?
Why would FIFA be named in the suit... did FIFA make any promises to the players that it then didn't keep? How would FIFA pulling "the plug" give the TTFF release from adjudicated liability?
I have a question re FIFA's role in all this.
I hearing it being said that FIFA prevents national associations from taking disputes to the High Courts and as such the TTFF cannot take the case back to the High Court. But to me thats exactly what they went ahead and did after losing arbitration, and that ship done sail.
Nothing is "being said"... there's a reason why I posted the link to the FIFA Statutes, Article 64 itself, rather than just coming here and saying what it says. Everybody free to check it out themselves. I even provided a shortcut by posting the relevant language and telling you where it can be found. Read it for yourself and see if you can come up with a different interpretation from what yuh "hearing it being said."
The proper question to ask is whether FIFA will now do what it supposed to do and sanction the TTFF/Jack Warner for circumventing it's process.
The FIFA rule was contravened, and the penalty for that is probably anything from a fine to a ban from international football. But what do the FIFA's statutes have to do with the law in a country? FIFA can't block anyone from taking anything to the High Court in a national jurisdiction, they can only levy punishment on the football association or the players within the realm of football and FIFA sanctioned events. Which means that they can ban the TTFF and Trinidad from participating in FIFA tournaments at all levels if they see fit. But does FIFA really have any input in so far as the legal proceedings go?
Of course they do... indirectly. By stipulating that all disputes are to be resolved via arbitration they are in fact creating a penalty for pursuing the matter in court. They can do this... in fact this kind of dispute resolution provision can be found in many contracts... people just don't bother to read the find print. Take yuh credit/debit card Terms of Agreement and see what it says... I can almost guarantee you that it mandates arbitration over litigation. The difference is that most countries' law prevents such terms of adhesion where a party with all the power can't bind another to terms that aren't really up for negotiation. With FIFA that's different... it's a membership organization and can tell you how many hoops you have to jump thru if you want to be part of the club... including mandatory arbitration.
A contract is a contract and FIFA members are bound by the terms stipulated by the organization... courts will respect and honor those agreements to the extent that justice requires it. Which is to say, if you want to get out from under that arbitration provision that you willfully agreed to, you better come damn good with yuh story.
I glad to see the players getting their vindication in the court of law, but this is far from over.
The only thing for certain is that T&T football have some hard times ahead. Bet yuh bottom dollar, if Jack go down he taking everybody down with him.
Everybody saying this "far from over" but nobody eh saying why that is the case. As I said, all Jack have now is he pardners in government to help him stall but this case eh likely to see the inside of another courtroom again. I'd be really surprised if the Court of Appeals grants certiorari to hear this appeal.