The Courier & Advertiser (Fife Edition)
Hearts and Partick go to arbitration
Judge rules that relegation case must go through SFA process
Dundee United have won their legal battle to stop Hearts and Partick Thistle from taking their case against relegation to court.
On the third day of a hearing into whether the case brought by the Jam Tarts and Jags was fit to be heard in a legal setting, Lord Clark granted a motion from the SPFL and promoted clubs United, Raith Rovers and Cove Rangers that the relegated pair’s Court of Session action be suspended – or “sisted” to use the Scots law term.
The judge ruled that clubs are bound by SFA articles and SPFL rules to take such cases to arbitration, rather than to court.
A three-person panel made up of legal professionals will now be appointed to rule on the Hearts and Thistle case, with SFA rules allowing the Jam Tarts and Jags to appoint one arbitrator, the SPFL to appoint a second, and the two chosen arbitrators to appoint a third as chair.
A motion from United and their fellow promoted clubs to throw out the court proceedings entirely was dismissed.
Lord Clark’s ruling means Dundee managing director John Nelms and SPFL chief executive Neil Doncaster have been spared potential crossexamination in court about the controversial season-ending resolution – a prospect that had been raised on day two of the hearing by David Thomson QC, the lawyer representing Hearts and Thistle.
The judge granted a request from Mr Thomson QC for a recovery of documents from the League, United, Rovers and Cove to help the relegated sides prepare their case for arbitration. However, he also imposed an order that Hearts and Thistle be liable for 50% of the respondents’ legal costs.
Lord Clark said in his ruling:
“I accept entirely, as Mr Thomson submitted, that the media and the general public have a great interest in this dispute and would prefer to have the issues aired in open court.
“However, as a matter of law, the parties have agreed to the terms of SFA articles of association and to be bound by them.
“Accordingly, SPFL and Dundee United, Raith Rovers and Cove Rangers are entitled to invoke the arbitration provisions within these articles of association of the SFA, which will result in the dispute being dealt with by arbitration.
“I am not entitled as a matter of law to refuse the application to sist on the grounds that the interest of public in the dispute should override the agreement reached by the parties.”
Hearts and Thistle had raised concerns that the arbitration process would “inevitably” delay matters but Lord Clark trusts that the matter will be dealt with quickly with the Scottish Premiership season due to kick off on August 1.
“During the hearing I raised questions about whether the arbitration procedure will be able to determine this matter before August 1,” he said.
“While, for obvious reasons, I have not been given any absolute assurances on this matter, senior counsel for the SPFL and for Dundee United, Raith Rovers and Cove Rangers have each submitted that there is no reason to conclude that the matter cannot be dealt with in arbitration before August 1 and indeed, as I understood it, that their clients are reasonably confident that it can be.”
A spokesman for the SPFL said: “We welcome today’s decision at the Court of Session that this case should be dealt with under the Scottish FA’s arbitration process. We will now prepare for the Scottish FA arbitration.”