FIFA rule

As this has been an afternoon of football, a football item seems to the point. I'm not going to mention the fact (he said, mentioning it) that Chelsea have slipped again. And I'm not going to comment on the verdict on Rio Ferdinand. But, in connection with the latter, I must say that this got me thinking:

Yesterday Sepp Blatter, the president of world football's governing body, warned that any challenge by the club [Manchester United] to the ruling by an FA disciplinary panel could see them expelled from the Champions League.

Under Fifa rules, the decisions of national associations cannot be challenged by clubs in the courts. Article 63 of Fifa's statutes states: "Recourse to ordinary courts of law is not permitted. Clubs and members... should be required to submit any disagreement to the jurisdiction of the national association."

In the past Fifa has dealt harshly with clubs who have attempted to overturn its rulings.

Having no legal knowledge of such matters, I see this as a rule appropriate to an organization of gangsters. On the face of it, it appears to be designed to protect the national footballing associations against having even the most outrageous decisions or policies challenged by their members. I asked my friend Matt Kramer for his view, and he replied as follows:

My thinking was exactly the same as yours when I heard about this rule against pursuing matters in the courts. On the one hand, someone can enter into a binding settlement of a matter under which he/she agrees not to pursue litigation. On the other hand, a rule disallowing litigation altogether (before a matter has even arisen) will surely not pass muster under the Human Rights Act.

Any further light anyone can throw on this would be welcome.