Nigeria: Brief Review And Commentary On The Recent Amendment To The FIFA Rules

Last Updated: 4 December 2019
Article by Olukolade O. Ehinmosan

Olukolade O. Ehinmosan1

BRIEF REVIEW AND COMMENTARY ON THE RECENT AMENDMENT TO THE FIFA RULES

Introduction

On 30th October 2019, the Federation Internationale de Football Association (FIFA) issued a circular2 to announce fresh amendments to its Rules Governing the Procedures of the Players' Status Committee and the Dispute Resolution Chamber ("the Rules"). These amendments were approved by the FIFA Council at its meeting in Shanghai, China on 24th October 2019 and were scheduled to take effect from 1st November 2019.

Similarly, FIFA also launched its online portal for easy access to resources and legal information relating to its activities.3

The Rules: Summary

The Rules are adjectival laws setting out the adjudicatory responsibilities of two principal quasi-judicial organs of FIFA – The Players' Status Committee (PSC) and the Dispute Resolution Chamber (DRC). The main substantive laws governing these two bodies particularly their respective judicial competence or jurisdiction are The FIFA Statutes and The FIFA Regulations on the Status and Transfer of Players ("RSTP").4

The Rules begin by introducing itself as a body of Rules issued by the FIFA Council pursuant to its powers contained in Article 34 paragraph 12 of the FIFA Statutes.5 It goes further by providing the fulcrum upon which the respective jurisdictions of the PSC and DRC are based.6 Pursuant to Article 3(1) of the Rules, both bodies shall examine their jurisdiction in light of Articles 22 to 24 of the RSTP. Where any uncertainty exists as to the jurisdiction of both bodies, the Chairman of the PSC shall decide which body has jurisdiction.

To provide a background, this jurisdictional issue came to the fore in the matter of the CAS Award of 27th July 2007 between Greek outfit, Aris FC and FIFA.7 The DRC and the PSC both appeared uncertain as to their respective competence to accept the invitation by the Claimant (Aris FC) to render a new decision on a matter previously decided by the Greek Sports Court. Thereafter, by a letter dated 17th March 2007 and signed by the Head of the PSC and the Director of the Legal Division of the PSC, the Head of the PSC declined jurisdiction over Aris FC's claim. This letter was held to be a decision made by virtue of Article 3(1) of the Rules. Where conflict arises with respect to the decision of the Head of the PSC, an appeal readily lies to the CAS.8

Another instance of conflict bordering on the jurisdiction of the DRC or PSC came to a head in the PSC decision involving, FC Nantes v. Cardiff City FC.9 The player transfer contract involving the late Emiliano Raul Sala wrongly conferred jurisdiction on the DRC instead of the PSC. The Respondent's contention was anchored on the sanctity of contracts; since the contract conferred jurisdiction on the wrong FIFA decision-making body, the clause should be declared null and void and the matter should be determined by the CAS. The PSC aligned itself with the contention of the Applicant and ruled that contract between parties cannot oust the jurisdiction of the PSC in line with the RSTP and the Rules.

The new Rules provide for expert and speedy performance or execution of the duty entrusted on the PSC and DRC.10 Members of both bodies are also to respect the "secrecy of deliberations" and observe strict confidentiality with respect to information received in the course of performing their respective official duties.11

On Procedural Regulations, the Rules defines "parties" to include member associations of FIFA, (football) clubs, players, coaches or licensed match agents. Parties are empowered to appoint representatives by a duly executed Power of Attorney.12

The Rules do not take the right to fair hearing for granted. A member of the PSC or DRC may recuse himself on grounds of personal or direct interest and shall disclose the reason for such recusal within sufficient time.13 Furthermore, all parties are entitled to a right to be heard, right to present evidence, the right for evidence leading to a decision to be inspected, the right to access files and the right to a motivated decision.14

Importantly, parties are guaranteed the right of appeal against decisions made by the PSC and DRC.15 However, this right is not absolute. For example, a party aggrieved by the decision of the PSC or DRC may appeal to the CAS within a stipulated time after which the right extinguishes.16 In addition, failure, refusal and/or neglect to pay procedural costs due within 20 days of notification of the findings would be deemed a waiver of right of appeal.17

A member or members of the PSC or DRC may also be challenged by a party on grounds of legitimate doubts as to the independence or impartiality of such member. This challenge must be made by way of a Motion within 5 days of such ground coming to light. Where the PSC or DRC is unable to function due to challenges of this nature, the FIFA Council shall make a final decision on the challenges and possibly appoint an ad-hoc committee to deal with the merit or substance of the case.

Importantly, it is a general rule that all communications with parties in the proceedings shall be conducted by email. This includes service of processes. On the alternative, submissions may be transmitted by regular mail or courier. Notably, any transmission made by facsimile shall be deprived of any legal effect. With respect to venue, proceedings of the PSC and DRC take place at the FIFA headquarters in Zurich, Switzerland, subject to exceptions.

The Rules also contain some provisions pertaining to taking evidence, pointing to the adjudicatory system as partly inquisitorial rather than adversarial. For instance, Article 12(4) permits the PSC or DRC to consider evidence not presented by the parties. Decisions must also be sent to parties directly, with a copy also sent to the respective associations.

Decision making by the PSC or DRC is done by a simple majority vote after secret deliberations. All members in attendance at the proceedings and the Chairman are each entitled to one vote and no member may abstain from voting. Where a tie occurs, the Chairman shall have a casting vote. The FIFA administration may also publish decisions issued by the PSC or the DRC.

HIGHLIGHTS OF THE AMENDMENTS

Proceedings More Simplified

Under Article 9(2), an incomplete or defective petition, i.e., one that fails to satisfy the procedural requirements will be returned for redress with a request that it is completed within a stipulated time frame. Where the process is not completed within such time frame, the petition is deemed withdrawn. Also, petitions containing improper or inadmissible content will be rejected in limine, i.e., immediately on commencement.18

Furthermore, the Rules have also been amended to mandate a party to lodge its claim or counterclaim jointly with its legal position coupled with all relevant documents.19 Parties are obliged to present all facts and legal arguments together with all the evidence upon which they intend to rely at once. Where the opposing party intends to lodge a counterclaim, it shall submit such counterclaim within the same limit applicable to the reply to its petition containing all the elements.20

The amendments bring to light, the importance of presenting and regularizing information contained in the TMS (Transfer Matching System). This is because contact details of parties contained in the TMS are deemed as the default, most recent and appropriate information for purposes of service of correspondences and other relevant documents.21

In addition, exchange of processes and correspondences including amendments have been streamlined to a maximum of two (2) exchanges. The second exchange is permissible only in exceptional circumstances.22

More Flexible Time Limits

The amendments appear to favour more flexible time limits in satisfaction of the need for speedy dispensation of sports justice. Article 16(10) stipulates a floor and ceiling for time limits set by the PSC and DRC; between 5 days on the minimum and 20 days on the maximum. For urgent situations, the time limit may even be reduced. Specifically, the time frame within which an opposing party may respond to a claim is 20 days.

Meanwhile, by Article 16(11), where a substantiated (well-established) request for extension of time is submitted before the original time frame elapses, a maximum extension of 10 days may be granted. This extension may be granted only once.

No more Payment of Advance of Costs

By the operation of the fresh amendments, football clubs are no longer under any obligation to pay an advance of costs when submitting a petition requesting remittance of solidarity contribution23 or training compensation24 via the TMS. More precisely in Article 17 subsections 1 and 2, provisions for payment of advance of costs have been modified to totally exclude disputes regarding training compensation and the solidarity mechanism.

Improved Approach to Publishing Decisions on the Online Platform

To add further glamour to the exciting work currently ongoing in the legal department of FIFA, the amendments have introduced a new approach to publishing decisions on the newly launched online platform. Article 20 on the subject "publication" underwent a total overhaul.

Prior to the amendment, the erstwhile Article 20 placed an uncertain duty on the PSC and DRC to exercise "due restraint" in publishing decisions. Furthermore, the Rules previously allowed the exclusion of "certain elements" of the decision from publication. Also, there was no specific time limit within which a request may be submitted by a party in this regard.

By the fresh Article 20, where a decision of the PSC or DRC contains confidential information, FIFA may, at the request of a party within 5 days of the notification of the motivated decision, publish an anonymised or redacted version of the decision.

Comments

Sports in general and Football in particular have grown to become more litigious over the past decade. The most recent statistics from FIFA reveals that at least 1,323 complaints were filed (at the PSC and DRC) alone in 2018.25 Such rapid frequency of football disputes must have had severe administrative impacts on the activities of the legal and judicial sectors of FIFA. As the global regulator of football, it meant that FIFA has had to be more dynamic, organized and responsive to these complaints/disputes.

Laudably, these fresh amendments effectively address issues that sprout from this rapid proliferation of FIFA cases. With these rules, managing proceedings have become more simplified and less time-consuming.

Furthermore, for the purpose of sporting justice, time limits for effecting service of processes or performing other tasks have been made more flexible. Though a floor and a ceiling have been 'erected' in terms of the prescribed period for carrying out specific tasks, a party may still be able to convince the appropriate body that an extension of a stipulated time frame is necessary.

Moreover, the amendments show that FIFA has tightened its girdles with respect to feedbacks it receives from key stakeholders. There were groans and clamours (concerning claims for training compensation or solidarity contribution) for either the complete waiver of payment of advance of costs, or basing payment of advance of costs on the category of the claimant club rather than the amount claimed.26 Commendably, the payment of an advance of cost in respect of claims for training compensation and solidarity contribution has been scrapped.

To add further gloss to the FIFA scorecard, the improved approach to publishing decisions on the newly launched FIFA legal resource platform means improved transparency and access to important legal resources including decided cases.

A significant development that should be pointed out is the provision of the Rules on taking of evidence which now empowers the PSC or DRC to consider the admission of evidence not presented by the parties.27 This provision might appear to be an 'unruly horse' in view of the fact that evidence may be discovered and admitted by the PSC or DRC which might be against either party to the dispute. An argument that may be proffered in response is that the Rules provide parties a right of appeal and also places a non-derogable duty on the adjudicatory panel to afford the parties fair hearing.28 It is submitted that this provision for fair hearing in the Rules creates a workable balance in this regard.

An important issue that indirectly arises from this brief appraisal relates to judicial review of FIFA decisions by national courts. The famous Bosman Ruling of the European Court of Justice appears to have established a precedent that a FIFA regulation, guideline, judicial ruling or decision may be properly challenged at a regular/ordinary Court and/or a continental regular (non-sports) Court.29

Meanwhile, Article 59(2) of the FIFA Statutes generally prohibits recourse to regular/ordinary courts of law as a means to resolving football-related disputes. Also, Article 59(1) of the FIFA Statutes confers exclusive appellate jurisdiction on the CAS to resolve disputes (including appeals) decided by FIFA legal and judicial bodies. These provisions imply that a member-state of FIFA has an obligation to respect the exclusive appellate jurisdiction of the CAS with respect to legal and judicial decisions of FIFA.30 As a matter of fact, member-states of FIFA (Nigeria inclusive) have been encouraged to conform to obligations created by the FIFA Statutes, regulations and circulars.31

This obligation on member-states of FIFA is reinforced by Article 59(3) of the FIFA Statutes which generally mandates all national associations (such as the Nigerian Football Federation [NFF]) to prohibit by its statutes or regulations, the submission of a dispute in the association32 to ordinary Courts of law. Despite these enshrined obligations, a 2015 decision of the Oberlandesgericht of Munich (German Higher Court) appears to undermine the powers of FIFA judicial and decision-making bodies in this regard.

The German Higher Court determined that awards made by the CAS were invalid on grounds of public policy pursuant to Sections 8(7) and 8(7A) of the International Arbitration Act 197433 and Article V(2) of the New York Convention, 1958.34 This decision was an appeal against the verdicts of the International Skaters Union (ISU), the CAS (made up of two decisions), the Swiss Federal Tribunal and the Landesgericht of Munich (a German civil Court inferior to the Oberlandesgericht).

This writer is of the firm opinion that the Oberlandesgericht of Munich misapplied the provisions of the New York Convention and the German International Arbitration Act. The laws relied upon by the Oberlandesgericht of Munich provide for either recognition or refusal of the enforcement of foreign arbitral awards; it permits German Courts to either enforce or refuse to enforce a foreign arbitral award. The laws do not appear to confer jurisdiction on the German national Courts to declare a CAS award a nullity. The FIFA Statutes even provide that such situations may attract serious sanctions.35

In summary, the judicial review of FIFA decisions by national courts remains a controversy that has not been interred. It would seem that a national Court may entertain a suit challenging the decision of FIFA where it pertains to the Constitution, an applicable national or international law or, where the suit touches on the enforcement of a FIFA arbitral award within national jurisdictions.36

Conclusion

The game of Football is arguably the most popular and exciting sport globally. From the passion and excitement of the game to the huge ambitions and anticipation of fans and viewers, the governing bodies have an ideal responsibility of ensuring that the sport lives up to its billing. Football is also not immune from the current storm of technological evolution. This therefore indicates that the sport must be properly and periodically regulated by way of modification of applicable rules and regulations to bring them in-step with current realities. In light of the foregoing, the fresh amendments to the Rules are largely a welcome development.

Footnotes

1. Olukolade Ehinmosan, Associate Dispute Resolution Department, SPA Ajibade & Co., Lagos, Nigeria.

2. https://media.licdn.com/dms/document/C561FAQEWYCNDS7vZYA/feedshare-document-pdf-analyzed/0?e=1572609600&v=beta&t=I1NW_l17gEkz8qFUeQyMDjhdtNrTT_8DU3AoJ1KNnuU accessed 3:00 pm on 19th November 2019.

3. http://legal.fifa.com/ accessed 6:00 am on 25th November 2019.

4. https://resources.fifa.com/image/upload/regulations-on-the-status-and-transfer-of-players-june-2019.pdf?cloudid=ao68trzk4bbaezlipx9u accessed 6:05 am on 25th November 2019.

5. Part I: General Provisions (the Rules).

6. Articles 1 & 2 of the Rules.

7. CAS 2007/A/1251, Aris FC v. FIFA https://arbitrationlaw.com/sites/default/files/free_pdfs/CAS%202007-A-1251%20AFC%20v% 20FIFA%20Award.pdf accessed 6:25 am on 25th November 2019.

8. Article 58, FIFA Statutes, June 2019, available here:https://resources.fifa.com/image/upload/fifa-statutes-5-august-2019-en.pdf?cloudid=ggyamhxxv8jrdfbekrrm accessed 6:35 am on 25th November 2019.

9. https://resources.fifa.com/image/upload/player-emiliano-sala.pdf?cloudid=zz1mucunt 6ydvr zqrqdw accessed 6:55 am on 25th November 2019.

10. Article 5(5) & (6) of the Rules.

11. Article 5(7) of the Rules.

12. Article 6(1) & (2), Part II: Procedural Regulations of the Rules.

13. Article 7 of the Rules.

14. Article 5(1) – (8) of the Rules.

15. Article 58 of the FIFA Statutes.

16. Article 58(1) of the FIFA Statutes (21 days).

17. Article 15(4) of the Rules; by Article 15(1), the PSC, the DRC, the single judge and the DRC judge as a general practice, communicate only the findings of the decision (without the grounds).

18. Article 9(2) of the Rules.

19. Article 9(1)-(3) of the Rules.

20. Ibid.

21. Article 9bis (3) of the Rules.

22. Article 9(3) of the Rules.

23. Article 21 of the RSTP is entitled "Solidarity Mechanism" and defines the term as follows: "If a professional is transferred before the expiry of his contract, any club that has contributed to his education and training shall receive a proportion of the compensation paid to his former club (solidarity contribution)..." Solidarity payment is payable only where a player is transferred for a fee, between clubs belonging to different national associations, prior to the expiry of the player's contract of employment. Also accessible here: https://www.lawinsport.com/topics/sports/item/a-guide-to-training-compensation-and-solidarity-payments-in-football accessed 7:55 am on 25th November 2019.

24. Article 22 of the RSTP is entitled "Training Compensation". Training Compensation is the payment made to a player's training club (1) when the player signs his first contract as a professional; and (2) each time a professional football player is transferred, until the end of the season of his 23rd birthday. The obligation to remit training compensation arises whether the transfer is actuated during or at the end of the player's professional contract.

25. https://www.lawinsport.com/topics/item/sports-disputes-and-disciplinary-procedures-the-year-in-review-2018-19 accessed 8:05 am on 25th November 2019.

26. https://www.lawinsport.com/topics/item/fifa-s-proposed-solidarity-mechanism-reforms-an-effective-solution-or-a-lost-opportunity accessed 5:05 pm on 24th November 2019.

27. Article 12(4) of the Rules.

28. Article 5(1)-(8) of the Rules.

29. Union Royale Belge des Sociétés de Football Association ASBL v. Jean-Marc Bosman 1995. ECR I-4921.

30. Article 14(1)(a), (d) and (j) of the FIFA Statutes.

31. For instance, FIFA Circular no. 1129, dated 28 December, 2007.

32. Or dispute affecting leagues, members of leagues, clubs, members of clubs, players, officials and other association officials.

33. A German legislation.

34. Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

35. Article 14(2) of the FIFA Statutes.

36. http://www.africansportslawjournal.com/Bulletin_2_2014_Omuojine.pdf accessed 8:25 am on 25th November 2019; http://asperchairwp.bryan-schwartz.com/wp-content/uploads/ images/ stories/Asper/Volume%201/Articles/Vol1_Downey.pdf accessed 8:45 am on 25th November 2019.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions