Asters successfully defended the interests of FC Metalist before the Court of Arbitration for Sport in Lausanne

09/ 05/ 2024

Asters, together with Kellerhals Carrard (Switzerland), defended the interests of FC Metalist LLC (Kharkiv) at the Court of Arbitration for Sport in Lausanne (CAS) in a case concerning the issue of sports succession and a related claim brought by a former player of FC Metalist PJSC, the football club that has been in liquidation since 2017 due to bankruptcy. Asters international arbitration and cross-border litigation team, together with foreign lawyers, successfully challenged the decision of the Fédération Internationale de Football Association (FIFA) to recognise FC Metalist LLC as the sporting successor of FC Metalist PJSC. In 2016, the Ukrainian Association of Football revoked the professional status of FC Metalist PJSC. More than 5 years later, FC Metalist LLC adopted certain distinctive features of the original debtor, including its name, logo, colours, etc. The court ruled that, among other things, such a long period of time is the strongest indication against a sporting succession. It also noted that FC Metalist LLC started its professional career at the lowest level, i.e. in the Second Division, while the original debtor played its last matches in the Premier League, whereby further supported the position that there is no connection between the two football clubs. Asters international arbitration and cross-border litigation team advising on the project included Partner Oleksandr Volkov and Associate Veronika Hodlevska. * * * Asters is the largest full-service law firm in Ukraine with offices in Kyiv, Brussels, London, and Washington, D.C., and access to over 125 jurisdictions through a well-developed network of partner law firms.

Asters international arbitration and cross-border litigation team, together with foreign lawyers, successfully challenged the decision of the Fédération Internationale de Football Association (FIFA) to recognise FC Metalist LLC as the sporting successor of FC Metalist PJSC.

In 2016, the Ukrainian Association of Football revoked the professional status of FC Metalist PJSC. More than 5 years later, FC Metalist LLC adopted certain distinctive features of the original debtor, including its name, logo, colours, etc. The court ruled that, among other things, such a long period of time is the strongest indication against a sporting succession. It also noted that FC Metalist LLC started its professional career at the lowest level, i.e. in the Second Division, while the original debtor played its last matches in the Premier League, whereby further supported the position that there is no connection between the two football clubs.

Asters international arbitration and cross-border litigation team advising on the project included Partner Oleksandr Volkov and Associate Veronika Hodlevska.

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Asters is the largest full-service law firm in Ukraine with offices in Kyiv, Brussels, London, and Washington, D.C., and access to over 125 jurisdictions through a well-developed network of partner law firms.