Here's one for my fellow #SportsLaw folks in #Nigeria:

How do you convince a n civil court on the principle that football disputes should not be taken court?

@youriplawyer_ @Akinyemiesq @MaxxyB @Ayo_Mhidey

I don't reckon with the argument that "FIFA rules cannot supercede national laws".

IMO, that argument doesn't apply bcos the rules prohibiting recourse to courts aren't made to challenge national laws, or oust courts' jurisdiction, or deny right of access to court/justice.

The rule prohibiting the taking of football disputes to court simply operates as a form of arbitration agreement.

Yes, the dominant position of governing bodies means a person has no choice but to accept such 'agreement', otherwise can't participate in association football...

In the Mutu & Pechstein case, the European Court of Justice acknowledged that this dominant position means it cannot be accepted as "voluntary arbitration"; however, the Court upheld this 'compulsory arbitration' as important for technical efficiency in resolving sports disputes

So, apart from football disputes arising from over which FIFA's DRC or CAS has jurisdiction (i.e. in the absence of a NDRC or domestic Sports Tribunal), how do we convince a civil court to refer a football dispute to ADR?

59(2) of FIFA Statutes:

"Recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations."

doesn't seem to limit recourse to only the FIFA or CAS tribunals. So, perhaps we could argue in favour of a general ADR forum instead?