Unconstitutionality of the Arbitration process in Egyptian Sports Law
With Suzan Taha
In a recent interview with LegalcommunityMENA, Ahmed Abozeid, an esteemed lawyer and Partner & Head of Sports and Education Practice at ALC- Alieldean Weshahi & Partners, shared his insights on the recent ruling by the Supreme Constitutional Court of Egypt. The court’s decision rendered Article 69 of the Egyptian Sports Law No. 71 of 2017 unconstitutional and deemed the Statutes of the Egyptian Sports Settlement and Arbitration Center invalid. This ruling has significant implications for the resolution of sports-related disputes in Egypt.
What are the reasons behind the invalidity of the Statutes of the Egyptian Sports Settlement and Arbitration Center?
According to Article 69 of Sports Law No. 71 of 2017, the Board of Directors of the Egyptian Olympic Committee was granted the authority to issue the Statutes of the Center, regulating mediation, conciliation, and arbitration processes based on international standards. However, the Supreme Constitutional Court found that this delegation of authority from the Legislator to the Olympic Committee was in violation of the Egyptian Constitution. The Court maintained that the Legislator should have directly regulated such matters and established rules for settling sports disputes, both procedurally and substantively, without delegation to others.
What are the consequences of the invalidity of the Statutes and the effective date of the Judgment?
The Supreme Constitutional Court’s ruling has immediate implications. Article 49(1) of the Supreme Constitutional Court Law No. 48 of 1979 confirms that all judgments rendered by the Court in constitutional cases are binding to all individuals and authorities of the State. Consequently, the Statutes of the Egyptian Sports Settlement and Arbitration Center no longer have any legal force and cannot be applied. Claims cannot be filed before the Center until new Statutes are issued by the Legislator. As for the effective date of the Judgment, Article 49(2) of the same law states that it commences from the day following its publication in the Official Gazette, which, in this case, is January 18, 2023.
Does the Supreme Constitutional Court Judgment mean that the Egyptian Sports Settlement and Arbitration Center is abolished?
Although the Supreme Constitutional Court ruled the beginning of Article 69 of Sports Law No. 71 of 2017 as unconstitutional and invalidated the Statutes of the Egyptian Sports Settlement and Arbitration Center, it did not examine the constitutionality of the center itself as an arbitration institution. Additionally, Article 66 of Sports Law No. 71 of 2017 establishes the existence of the center as an independent entity affiliated with the Egyptian Olympic Committee. Therefore, it can be concluded that the center is not abolished and remains in existence.
Are there any potential challenges or difficulties that might arise from implementing the Supreme Constitutional Court Judgment?
The invalidation of the Statutes poses challenges for the sports community in Egypt. Until new Statutes are issued by the Legislator, settling ongoing football disputes may become problematic. This includes disputes arising prior to the court’s ruling and those occurring afterward, particularly concerning arbitration agreements. It is crucial for the Legislator to promptly address this situation and establish Statutes for the Egyptian Sports Settlement and Arbitration Center in line with the principles set by the Supreme Constitutional Court.
About Ahmed Abozeid
Ahmed Abozeid is a highly accomplished lawyer, serving as Partner & Head of Sports and Education Practice at ALC- Alieldean Weshahi & Partners. With a PhD in Commercial Law, Abozeid brings extensive expertise in civil and commercial law to his clients. His diverse range of skills includes advising on real estate and education projects, particularly in the establishment and governance of private universities in Egypt. He has also gained substantial experience in commercial litigations and arbitrations, specializing in sports, commercial, and joint investment disputes.
Abozeid has a deep passion for sports law and in-depth understanding of the regulations set by the Egyptian Football Association, Fédération Internationale De Football Association, and Confédération Africaine de Football, he regularly advises stakeholders in the Egyptian sports community on disputes within the realm of sports law.
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