NEWSLETTER-2019-metin

343 SPORTS LAW The Regulations on the DRC were amended, to be effective on 02.03.2019, with the decision of the TFF’s board of directors, dated 16.02.2019 and numbered 109, approximately 11 months after the publication of the Decision of the CC in the Official Gazette. Within this context, a double distinction is made in the jurisdiction of the DRC with respect to the following subject: clubs, football players, coaches and agents are free to accept the jurisdiction of the DRC for the settle- ment of disputes arising from any kind of football agreement between them. Nevertheless, it is provided that disputes related to sporting pen- alties and training compensation shall exclusively be settled before the DRC in accordance with Article 2(2) of the Regulations on the DRC, which entered into force on 02.03.2019 15 . In addition, two temporary articles were added to the Regula- tions on the DRC in relation to the jurisdiction. It is regulated that the DRC is still exclusively authorized to handle the files opened before it before 02.03.2019, which is the date the new Regulation entered into force 16 . In this manner, any discussion of jurisdiction is already prevented from becoming controversial in terms of the files that are already pending before the DRC. In provisional article 2 of the Regulations on the DRC, it provides the following: In cases of disputes concerning the contracts signed before 02.03.2019, the respondent has the right to raise objection to the jurisdiction of the DRC within seven (7) days from the date of no- tification of the statement of claim, if the dispute is brought before the DRC after 02.03.2019. In such case, the application fee and arbitrator fee deposited by the claimant shall be refunded to the related party after the deduction of fixed fees. If the respondent does not challenge the jurisdiction of the DRC, the voluntary jurisdiction of the DRC is deemed to be accepted 17 . Decisions of the Dispute Resolution Committee which are not appealed before Arbitration Board shall be final and binding”. 15 Regulations on DRC Article 2. 16 Regulations on DRC Temporary Article 1. 17 Regulations on DRC Temporary Article 2.