نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Digitalisation has transformed football dispute resolution from paper correspondence and in-person communication into electronic filing, online exchange of pleadings, platform-based notification, and digital case management. In this environment, an electronic system is not merely a channel for transmitting information. It determines when an act is recorded, which document formats are acceptable, how a user is identified, who may access or modify case information, and whether the procedural history can later be reconstructed. The issue is particularly significant for the FIFA Football Tribunal because the parties to football disputes are frequently located in different countries and because the credibility of the Tribunal’s decisions depends not only on substantive and procedural rules but also on the integrity of the communication infrastructure and the reliability of recorded data. The main research question is: How do electronic systems and cybersecurity requirements in the proceedings of the FIFA Football Tribunal affect the guarantee of fair proceedings and the validity of the Tribunal’s decisions? The hypothesis is that electronic systems strengthen the legitimacy of proceedings and decisions only when they operate together with safeguards for data integrity, confidentiality, authentication, availability, technical logging, and effective remedies. Without these safeguards, the same technology may weaken the right to be heard and the reliability of procedural acts. This article uses a descriptive-analytical and comparative method. To answer the research question, it examines the procedural rules of the Football Tribunal, the regulations governing the status and transfer of players, official reports, relevant Court of Arbitration for Sport jurisprudence, legislation concerning electronic evidence, cybersecurity standards, and Persian and non-Persian academic literature. The findings demonstrate that filing a claim, submitting pleadings, uploading evidence, serving notifications, calculating time limits, and monitoring a case do not remain merely technical operations when the proceedings depend on a digital platform. Each operation may affect access to justice, the reasonable opportunity to present a case, and the ability to challenge an adverse procedural consequence. Electronic data also possesses adequate evidentiary value only when its source, creator, time of creation, alteration history, chain of custody, and independent verifiability can be established. System outages, compromised accounts, data alteration or deletion, unauthorised disclosure, and unreliable audit records may affect procedural deadlines, attribution of conduct, the opportunity to respond to the opposing party’s evidence, and the validity of the final decision. The analysis of Court of Arbitration for Sport jurisprudence further indicates that the mere presence of information in a platform cannot replace proof of the legal elements of a claim or the parties’ effective participation in the proceedings. The article concludes that cybersecurity should be recognised in FIFA procedural rules as a component of the guarantees of fair proceedings. The proposed framework therefore requires a defined notion of a security incident, prompt incident reporting, preservation of technical records, suspension or extension of time limits, an alternative communication channel, risk-based authentication, differentiated access controls, contractor auditing, and clear rules on responsibility and remediation. The framework connects digital efficiency with legal oversight and practical protection of the parties.
کلیدواژهها English
