9. Disputes

Should two or more parties be involved in a dispute over agreements relating to an international transfer of a player, the National Federations involved must do their utmost to resolve the issue amicably.

9.1. GENERAL PRINCIPLES

Article 6.8 of the FIVB Sports Regulations provides as follows:

6.8 NATIONAL LAW

6.8.1 Local decisions

Decisions concerning international transfers of players based on domestic laws or regulations and against the rights of a (foreign or local) National Federation or against the FIVB Constitution or Regulations are not binding on the FIVB.

6.8.2 International participation

Whenever a local court gives a player the right to a local license based on national law and against FIVB Regulations, the FIVB organs (including Confederations) must not grant an international license and must prevent that player from taking part in any international competitions under their authority.

6.8.3 After notice from the FIVB, other affiliated National Federations must not allow a team which has a player who has not complied with the FIVB Regulations to play in their territory.

6.8.4 Clubs or players seeking recourse to local civil courts to settle transfer disputes without FIVB's prior agreement will be sanctioned. In addition to the sanctions provided in the FIVB Disciplinary Regulations, the club may be sanctioned for a major offence, including deprivation of the right to receive ITCs and to line-up foreign players in any competition.

9.2. DISPUTES REGARDING THE RELEASE OF A PLAYER DURING THE ITC PERIOD

The FIVB will decide in accordance with Article 6.10.1 of the FIVB Sports Regulations, which provides as follows:

6.10.1 Subject to a club’s obligation to release players for National Team competitions (Articles 6.1.1.(b), 6.5.1 and 7..2.6), the Receiving Club may retain the player's ITC until the end of the transfer period. If the player requests to transfer during this period, the FIVB shall intervene, after hearing both parties, to decide whether there is a valid contract binding the player with the club until the end of the transfer period.

9.3. FINANCIAL DISPUTES

Separate from Transfers’ disputes and for information purpose only.?

Article 18 of the FIVB Sports Regulations 2022 provides as follows:

18 FINANCIAL DISPUTES BETWEEN CLUBS, PLAYERS, FIVB-LICENSED AGENTS AND COACHES

18.1. Procedure before FIVB/Confederation

a. A club, a player, a coach or a FIVB-licensed agent may file a complaint before FIVB.

b. After receiving a written complaint (“Complaint”) and providing the respondent with an opportunity to submit its reply in writing (“Reply”), the FIVB can decide a financial dispute of an international dimension between a club, a player, a coach or a FIVB-licensed agent provided that the Complaint is filed no later than three (3) years from the date of the last day of the relevant National League season during which the dispute arose. It can also decide financial disputes of an international dimension between a coach and a National Federation.

c. Any counterclaim must be filed within the time limit for the Reply; subsequent filing of a counterclaim shall be inadmissible. The provisions on Complaints, including on the payment of the applicable handling fee, shall apply mutatis mutandis to counterclaims.

d. The Complaint and the Reply shall include a summary of facts as well as specific requests for relief. The Complaint shall be accompanied by proof of payment of the administrative fee in the amount of CHF 500 (five hundred Swiss Francs) per Claimant. The FIVB may set a final time limit for the payment of the administrative fee, failing which the Complaint shall be deemed withdrawn. The complaining party shall have the burden of proving its allegations. The FIVB may request further submissions and translations into English from the parties.

e. The FIVB conducts the procedure expeditiously – and endeavours to complete it within two (2) months from closing the submissions period – in accordance with guidelines to be established by the FIVB. The decision will be taken on a balance of probabilities and by applying general principles of justice and fairness without reference to any particular national or international law (ex aequo et bono). The FIVB may award a contribution towards the applicable handling fee to the prevailing party. It shall state brief reasons. The FIVB may award a contribution of up to CHF 2,500 towards each prevailing party’s reasonable legal fees and other expenses incurred in connection with the proceedings (including the applicable handling fee and the costs of witnesses and interpreters). When deciding on this contribution, the FIVB shall take into account the outcome of the proceedings as well as the conduct and financial resources of the parties.

f. The FIVB may, at any stage of the procedure, assist the parties in reaching a settlement or decide to submit the case directly to the FIVB Tribunal. It may refrain from entertaining the Complaint in case no ITC has been issued for a player’s transfer or in case of an illegal transfer.

g. The FIVB may set a final time limit for the parties’ compliance with its decision and also determine that non-compliance will result in the imposition of sanctions under Article 21.3 below. Said sanctions may apply automatically after the lapse of the time limit.

h. In case of disputes involving parties from the same Confederation, the FIVB may delegate its powers under this Article to the respective Confederation. The FIVB will then have the right to extend worldwide the sanction(s) imposed by Confederations.

18.2 APPEAL

Within fourteen (14) days from notification of the decision under Article 18.1 above, any affected party may request that the case be reviewed by the FIVB Tribunal.

21. SANCTIONS

21.1 If a National Federation, club, coach, agent or player that was a party to proceedings before the FIVB/Confederation, the FIVB Tribunal or before the Court of Arbitration for Sport (CAS) fails to comply with the decision of said body, it commits an offence. The FIVB may impose the following sanctions on this party:

a. Warning;

b. Fine up to CHF 50,000 (fifty thousand Swiss Francs);

c. Prohibition of receiving an ITC (for clubs) or prohibition or restriction to transfer

internationally (for players);

d. Withdrawal or temporary suspension of a licence (for coaches and agents);

e. Prohibition of registering and lining-up foreign players in any competition (for

clubs);

f. Prohibition of participating in international competitions.

21.2 The above sanctions can be extended in FIVB’s sole discretion, to natural or legal persons which are directly or indirectly linked to the first party, either from a legal or sporting perspective (e.g. different entity under a similar name, same board of directors, officials, technical staff, same sporting license, etc.). The FIVB shall ensure that the party against which such sanctions shall be extended has the right to state its position and provide evidence before extending against such party.

21.3 In all cases, the above sanctions can be applied more than once and cumulatively.