THE DILIGENCE OF CREDITORS IN FIFA AND CAS JURISPRUDENCE: A DOCTRINAL AND COMPARATIVE ANALYSIS
Keywords:
creditor diligence, insolvency, FIFA Disciplinary Code, CAS jurisprudence, sporting succession, procedural equity, enforcement mechanismsAbstract
This article explores the notion of creditor diligence within the context of FIFA and Court of Arbitration for Sport (CAS) proceedings, especially in cases involving insolvency and sporting succession. Drawing upon leading CAS awards and the amendments decided by the FIFA Council on 9 May 2025, the article systematically addresses the legal obligations of creditors, the procedural alternatives provided by FIFA, and the impact of domestic insolvency proceedings on creditors’ rights. It concludes by offering critical reflections on the balance between procedural diligence and equitable treatment of creditors in the football regulatory framework.