The head of legal affairs at the Emirates Equestrian Federation, the former, advisor and lawyer at the Sports Arbitration Court «Cass», Mona Al Shamsi, confirmed that she won a court ruling that the general courts are not competent in all its degrees in considering sports disputes, pointing out that this ruling is a sporting precedent is the first of Its type at the state level in the courts' lack of competence to consider sports cases, indicating that the Emirates Sports Arbitration Center witnessed the first judicial dispute, through arbitration in a case related to sport of ability and endurance in equestrian.
Al Shamsi told «Emirates Today»: “She obtained a court ruling referring the first sports case from the civil courts because of lack of jurisdiction, to the Emirates Sports Arbitration Center, which will officially witness the first case at the sports level, as it is coincidence that the International Court of Sports Arbitration ( Cass) was the first case you considered in the history of endurance and endurance sports, and the same has become the case with the Emirates Sports Arbitration Center, while this judicial ruling contributes to opening the door to other sports cases.
She explained that she had pushed before the Dubai courts not to have jurisdiction, and had pushed the executive regulations issued by the Sports Authority in Article (59) of sports disputes, which stipulated that “it is forbidden for the federation, its components, its employees, representatives, and asylum-seekers to the official authorities and civil courts of various types and degrees to resolve any emerging sports dispute. For decisions or actions that fall within the competence of the Federation or the Authority, but resort to the settlement of sports disputes to the Emirates Center for Sports Arbitration, with the exception of cases of criminal infringement, provided that no violation of any legal provisions in the state ».
She indicated that she had paid the legal article stating that "if the parties to the dispute are citizens of the country, then their dispute is considered before the Emirates Center for Sports Arbitration."
She explained that she had paid the general regulations of the International Equestrian Federation in relation to Article (37), which states that “the national federations are responsible for issuing horse passports from the International Equestrian Federation, and the cards of recognition of the International Equestrian Federation necessary for all horses, and to ensure the completion of the Federation’s passport International equestrian or national passports correctly, as specified in the veterinary regulations, before being certified with the seal of the National Union and the official signature of the National Union ». She concluded by saying: “Given that endurance and endurance sport is an approved sport in the Emirates Equestrian Federation and the International Equestrian Federation, horses are also an essential element in the equestrian sport in general, and they have the right to be a primary party registered in the National and International Federation in an official capacity to participate in all championships, so it enters Horses are among the sports parties disputed in any sporting dispute that may arise in the equestrian ».
The first judicial dispute in the ability to equestrian sport in the country
Lawyer Mona Al Shamsi said: “The Emirates Sports Arbitration Center will witness the first judicial dispute in the sport of ability for equestrianism in the country, given that the parties to the conflict are citizens of the country.” She explained: “The dispute arose between a coach and a horse owner in the sport of ability and endurance over prizes and sums gained from Endurance and endurance races in the state in several seasons, but the owner resorted to Dubai courts to settle the dispute, and Dubai courts accepted the urgent case submitted by the owner, in which he argued that horse passports are considered personal passports ».
There is a legal article stating that “if the parties to the dispute are citizens of the state, then their dispute is considered before the Emirates Center for Sports Arbitration.”