NEWSLETTER-2019-metin

339 SPORTS LAW the first instance legal committees 3 of the TFF pursuant to Article 5(1) of the Law on the TFF. The DRC examines and decides all football related disputes arising from the contracts signed between the clubs, football players, coaches and agents. The DRC is composed of arbitrators and the board of presidents (“Board of President”), which is comprised of 5 individuals who are appointed by the TFF’s board of directors. The arbitrators who are listed on the arbitrators list are required to be put forth by the Clubs Association, the Professional Football Player’s Association, and the Turkey Football Coaches Association, and accepted by the TFF’s board of directors 4 . The disputes are handled by a total of three arbitrators, two of whom are to be chosen from the arbitrators list by the parties, and one is be elected as president from the Board of Presidents. For this reason, the judgment proceeding of the DRC is deemed to be an arbitration based on the provided list of arbitrators 5 . According to the Law on TFF, the TFF Statute and Regulations on the DRC, it states that the arbitrators and members of first instance committees are to be impartial and independent during the perfor- mance of their duties 6 . However, it is frequently discussed within the concept of impartiality and independency of the arbitrators that the ones provided on the arbitrators list have been approved by the TFF’s board of directors, and the members of the Board of Presidents are directly appointed by the TFF’s board of directors 7 . 3 According to Article 5 of the Law on the TFF, the first instance legal committees of the TFF are as follows: Disciplinary committees (Provincial disciplinary com- mittees, Professional Football Disciplinary Committee, Amateur Football Disci- plinary Committee, Club Licensing Committee, and Ethics Committee. 4 TFF Status Article 55 and Regulations on the DRC Article 3. 5 Orhan, Ümit : Av. Kısmet Erkiner Armağanı Spor Hukuku Yazıları, Istanbul Barosu Yayınları, 2014, s. 230. 6 The Law on TFF Article 5(6), TFF Status Article 54(4), Regulations on DRC Article 3/6. 7 Kocasakal, Hatice : Sportif Uyuşmazlıkların Tahkim Yoluyla Çözümü ve CAS, Vedat Kitapçılık, Istanbul, 2013, s. 106-108.

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