FIFA Moves to Block UEFA Discovery Bid in US Federal Court

Attorneys representing FIFA have moved to oppose a UEFA request for evidence in US federal court, escalating a dispute linked to the proposed FIFA Forward Enterprise plan. The Guardian reported that FIFA asked the judge handling the matter to dismiss the discovery request, while also seeking permission for its US subsidiary to file a formal opposition by September 30.

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UEFA submitted four separate subpoena applications in US courts at the end of August, according to the report. Those applications sought documents and communications from FIFA, as well as material involving investor Joshua Kushner, Thrive Capital and other related parties including JP Morgan. Thrive Capital had been positioned as the lead investor in the proposed enterprise.

The applications were made as UEFA considered whether to initiate criminal proceedings in Switzerland against FIFA president Gianni Infantino over the plan. No such proceeding is currently active, a point FIFA attorney H Christopher Boehning cited in arguing that the requested discovery should be delayed or partly denied. FIFA also argued that disclosure through US court filings could expose information it is required to keep confidential under its governing rules.

Why it matters: the disagreement has moved beyond public criticism and into multiple US court requests, although UEFA has not yet begun the contemplated Swiss case. FIFA characterized the legal effort as part of a campaign against the organization and its leadership. That is FIFA's position in the filing, not a judicial finding on UEFA's motives or the merits of any potential case.

The filing also set out FIFA's defense of the Forward Enterprise proposal. FIFA argued that raising funds for smaller member associations could strengthen football outside Europe and increase global competition. It further claimed that UEFA's threatened boycott of FIFA competitions was driven by economic concerns about competition with UEFA tournaments. The filing cited Cameroon federation president Samuel Eto'o in support of its case.

What to watch: the immediate procedural question is whether the US judge permits FIFA US to oppose the discovery demand and whether any portion of UEFA's requests advances. FIFA also contended that UEFA is bound by FIFA statutes to resolve disputes through arbitration and lacks authority to bring criminal proceedings in Switzerland. The Guardian's reporting leaves those legal arguments unresolved, and UEFA's contemplated action remains just that rather than a filed criminal case.