(54.) "In the Matter of a Collective Agreement entered into between The Canadian Westinghouse Limited and United Electrical, Radio and Machine Workers of America, Local 504, and in the Matter of an Appeal to a Board of Arbitration
, pursuant to the procedure as set out in the Collective Bargaining Agreement and by virtue of The Labour Relations Act," p.
Engin Tuzcuoglu (101), the president of the TFF Board of Arbitration (102), is the lawyer who wrote the expert opinion in favor of Fenerbahce during the criminal proceedings of the corruption case.
Procedures before the TFF Board of Arbitration constitute compulsory arbitration procedures in the sense of the article 59 of the Constitution.
(117) According to the letter, the decisions concerning the matches are already rendered by PFDB and by the Board of Arbitration and as per the Article 59 of the Constitution (118) it is not possible to appeal against TFF Board of Arbitration's decisions.
As a result, TFF Board of Arbitration's arguments, stating no clear evidence of chicanery and/or incentive premium was found, are not sustainable any more.
(124) The UEFA also stated that the decisions of the TFF Board of Arbitration has been received but not yet reviewed in details and that a final decision of the UEFA Disciplinary Body on the matter was pending.
It should be underlined that, currently (160), mainly Trabzonspor, runners-up in the 2010/2011 league, is still continuing its legal battle against the decision taken by the TFF Board of Arbitration. Therefore, the reference will be made to Trabzonspor for the purposes of this section.
Any statements to the press should come from people who will not take part in the decision-making process." (176) As invoked above (177), Engin Tuzcuoglu, the president of the TFF Board of Arbitration, is the lawyer who wrote the expert opinion in favor of Fenerbahce during the criminal proceedings of the corruption case.
(181) Moreover, as per Article 64 of the TFF Statutes, the decisions taken by the independent and duly constituted TFF Board of Arbitration cannot be appealed before CAS.
He said members of the proposed board of arbitration would be taken from among the retired judges of Supreme Court and high court, or Supreme Court lawyers having 25 years of experience of practice.
'No Member of the board of governors could become member of the proposed board of arbitration,' he said.