Sporting Disputes Coming To Dublin

While the nation ceases to hold its breath off the back of a cruel exit from World Cup Qualifiers in Prague, incoming changes to UEFA’s Statutes mean that the football world will likely have all eyes on Dublin in the not-so-distant future.

In February 2026, UEFA held their 50^th Ordinary Congress which saw a number of amendments approved to their statutes¹. One amendment of particular interest is to Article 63(2) in relation to Procedure and Applicable Law, where UEFA have decided to name Dublin as a seat for arbitration proceedings before the Court of Arbitration for Sport (“CAS”)².

Previous inclusion of Dublin in UEFA Authorisation Rules

UEFA have Authorisation Rules which govern international club competitions³ - essentially meaning that competitions need UEFA approval before they can commence. Most notably these came under scrutiny during the controversially proposed European Super League, which was ultimately escalated to the Court of Justice of the European Union (“CJEU”).

In June 2024, UEFA decided to amend their Authorisation Rules to include Dublin as a seat for CAS arbitration alongside Lausanne, Switzerland. However, the selection of Dublin as a seat for CAS was limited to proceedings arising from the Authorisation Rules only. It was a significant shift, but relatively limited, as it appears that Dublin is yet to see its first CAS arbitration. 

How did this come about? 

The primary seat of CAS has always been Lausanne, Switzerland. Prior to the above change in 2024, no other location was eligible to host CAS. 

There have been four key decisions from the CJEU in recent times that have prompted a pivot from UEFA on their standing on CAS arbitration – some key takeaways include: 

European Super League Company -v- FIFA and UEFA⁴

• The importance of the interplay between football and EU Competition law came into sharp focus.
• FIFA and UEFA both hold a dominant position on the relevant market and their statutes confer on them power to approve and control any new interclub competition and the participation of clubs and players, on pain of sanctions.
• The principle of prior approval is legitimate in sport but must be governed by adequate criteria. 

Royal Antwerp⁵

• EU Competition law precludes "home-grown player" quota rules adopted or implemented by UEFA and national associations — and similar national-level rules — if they are liable to affect trade between Member States and have as their object or effect the restriction of competition between professional football clubs.
• Such rules can be justified on the basis of legitimacy and necessity but only through convincing arguments and evidence. 

International Skating Union -v- European Commission⁶

• Sport as an economic activity is subject to EU Competition law.
• Prior authorisation rules (in this case of an international ice-skating union) without objective criteria restrict competition by object.
• Disproportionate sanctions will reinforce a finding of object restriction.
• Effective judicial remedy requires access to a court or tribunal capable of making preliminary references under EU law.

Royal Football Club Seraing v FIFA and UEFA⁷

• CAS awards linked to sport as an economic activity cannot be given ‘res judicata’ effect without prior review by a court or tribunal capable of making preliminary references under EU law.

Irish Jurisdiction 

Given the above developments, UEFA have seen the necessity to have an alternative seat for sport arbitration outside of Switzerland and within the EU. The kernel issue being that if CAS can only sit in Lausanne, then there can only be an appeal of those CAS decisions to the Swiss Courts – which is outside the EU and does not take account of EU law and perhaps most importantly EU Competition law. 

Now that Dublin can host CAS arbitration on both UEFA Authorisation Rules and UEFA Statutes, there is a wider net of issues that can be arbitrated in this jurisdiction. This could include: 

• Membership disputes
• Disciplinary sanction disputes
• Club financial control & sustainability disputes
• Competition admission & exclusion disputes
• Sporting merit & promotion/relegation disputes
• Competition format & unauthorised competition disputes
• Doping disputes

Importantly, should a party seek to challenge a CAS decision made in Dublin, that challenge would be ventilated in this jurisdiction – which would likely be to either the High Court or the Competition and Consumer Protection Commission. 

Key Change

As things stand, Lausanne is still the only seat for CAS on all other issues outside of UEFA Authorisation Rules. However, from 1 July 2026 when the above changes to UEFA Statutes come into effect, Dublin will officially be a seat of CAS arbitration of UEFA Statute matters - meaning expansion of the variety of CAS sporting issues that can be arbitrated in Dublin.

The choice of Dublin as a second seat in such matters, is due recognition of the significant experience and competence in international arbitration, together with a track record in the Courts of respect for arbitral processes and recognition of arbitral decisions. It is also further evidence of the active promotion of Dublin as a central forum for international dispute resolution through initiatives, such as Ireland for Law. 

While the wait goes on for Irish representation at the World Cup, Ireland’s first CAS arbitration may not require as much patience. The shift from July 2026 is significant and with it there may be a substantial uplift in football matters arbitrated in Dublin. 

Footnotes

1. UEFA Circular No. 07/2026

2. UEFA Statutes, February 2026 Edition

3. UEFA Authorisation Rules governing International Club Competitions – Edition 2024

4. European Superleague Company SL v Fédération internationale de football association (FIFA), Union of European Football Associations (UEFA), C-333/21

5. SA Royal Antwerp Football Club v Union royale belge des sociétés de football association ASBL (URBSFA), C-680/21

6. International Skating Union -v- European Commission, C-124/21 P

7. Royal Football Club Seraing SA –v- Fédération internationale de football association (FIFA), Union des associations européennes de football (UEFA), Union royale belge des sociétés de football association ASBL (URBSFA), C-600/23

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