CAS makes it official: United TTFA withdraws appeal against FIFA

THE Court of Arbitration for Sport (CAS) has accepted the withdrawal of the former T&T Football Association (TTFA) executive’s appeal against this country’s suspension by FIFA.

The confirmation was given by the CAS’s Deputy President of the CAS Appeals Arbitration Division Dr Elisabeth Steiner in a termination order issued on Wednesday.

In the document, Steiner said that it had accepted the application to withdraw, which was filed by attorneys for ousted TTFA President William Wallace and his United TTFA executive on Monday.

She also indicated that the CAS would retain the 1,000 Swiss Francs (TT$7,470) in fees that the former executive paid for the appeal.

On September 25, United TTFA’s lawyers approached the CAS for a temporary stay of this country’s suspension to allow its participation in CONCACAF’s 2021 Gold Cup draw.

The hearing of the injunction application was deferred after CONCACAF announced that its council had met and agreed to conditionally keep T&T’s place in the draw.

In the event, that the suspension is not lifted by either FIFA or the CAS by 5 pm on December 18, T&T will be replaced by Antigua and Barbuda as the next highest-ranked team based on performances during the 2019 Concacaf Nations League.

The withdrawal of the appeal brings to an end all pending TTFA litigation against FIFA.

Last Friday, Chief Justice Ivor Archie and Appellate Judge Nolan Bereaux dashed Wallace and his team’s hopes of securing a legal victory over FIFA in the local courts.

The Appeal Court ruled that the executive was required under the TTFA’s Constitution to pursue all legal disputes with FIFA before the CAS.

Wallace and his team initially attempted to go through that route but were forced to withdraw their case as they could not cover the 40,000 Swiss Francs (TT$296,000) in fees required for a substantive case.

Their position was affected by both the TTFA’s limited financial resources and the fact that the CAS accepted that FIFA has a policy not to pay its share of arbitration costs.

Under CAS rules, if one party refuses or fails to pay, the other must foot the costs for the full case for it proceed.

The Court of Appeal’s decision on jurisdiction directly quashed High Court Judge Carol Gobin’s decision that FIFA acted illegally and unfairly in replacing Wallace and his team with a Normalisation Committee led by businessman Robert Hadad, in March.

Gobin had decided to go ahead with the case, with the appeal over jurisdiction to hear the case pending.

The dismissal of the local case and the withdrawal of the appeal before the CAS may now clear the way for the lifting of the suspension as both actions were part of FIFA’s requirements.

FIFA also requested amendments to the TTFA’s Constitution to prevent future action but considering the Appeal Court’s judgement, such may be unnecessary.(Reprinted from Trinidad Guardian).

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