Principle of Pacta Sunt Servanda in Football Arbitration Compliances among Selected Clubs in South-South Nigeria

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Date

2024-12

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Publisher

Lead City University, Ibadan

Abstract

This study examines the application of the principle of "Pacta Sunt Servanda" (agreements must be kept) in football arbitration, with a specific focus on compliance among selected clubs in the South-South region of Nigeria. The principle, fundamental to contract law, underpins the enforcement of agreements and arbitration decisions. This research explores how clubs in this region adhere to arbitration rulings and contractual obligations, identifying key factors influencing compliance. Using a qualitative approach, the study analyzes data from interviews, surveys, questionnaire and document reviews involving club officials, legal experts, and sports administrators. The findings reveal a mixed level of compliance, influenced by factors such as financial constraints, organizational culture, and awareness of arbitration processes. Despite some adherence to the principle, challenges such as inadequate enforcement mechanisms and variability in legal interpretation persist. This research highlights the need for improved training, better governance structures, and stronger enforcement mechanisms to ensure that "Pacta Sunt Servanda" is effectively upheld in football arbitration. By addressing these issues, the study aims to contribute to a more robust framework for contract enforcement in Nigerian football, aligning with international standards. The insights gained provide valuable recommendations for policymakers, sports administrators, and legal practitioners involved in football arbitration. The findings of this study have implications for sport’s governing bodies, arbitration institutions, and legal practitioners, emphasizing the need for consistent and effective enforcement of arbitration awards to maintain the integrity of football arbitration in Nigeria. Keywords: ‘Pacta Sunt Servanda’, Football, Arbitration Awards, Enforceability, Federation International de Football Association (FIFA) Word Count: 234

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Keywords

Pacta Sunt Servanda’, Football, Arbitration Awards, Enforceability, Federation International de Football Association (FIFA)

Citation

Kate Turabia