It has been almost 3.5 years since FIFA introduced the so-called "12bis procedure. Since April 1, 2015, players and clubs have had the option of initiating this expedited procedure in the event of an international dispute. The procedure can be initiated at the FIFA Dispute Resolution Chamber (DRC) and the FIFA Players' Status Committee (PSC). More than 250 judgments have already been published.
For FIFA to consider a 12bis proceeding, there must be an outstanding payment of more than 30 days. What is required is that the non-paying party has been given written notice with a 10-day deadline. If this is met, and the case has an international element, the aggrieved party can initiate this accelerated procedure. Judgment then follows within a few months. It has been found that 70% of the proceedings are completed within a time frame of 2 months. 80% of cases within 2.5 months. The 12bis procedure has proven to be a vast improvement over FIFA's ground proceedings that take an average of a year, if not longer.
Also from one of the 12bis proceedings recently initiated by BMDW Advocaten before the FIFA DRC in which BMDW acted on behalf of an aggrieved party, it has once again become apparent that actual proceedings are fast. From filing the claim to obtaining the reasoned judgment in this case was 2 months. What is also interesting about this case is that the outstanding payments were claimed as a result of a failure to comply with a termination agreement between a player and a club. In case there was any doubt about that, this recent FIFA judgment confirms that the 12bis procedure can therefore also be used in cases of arrears of payment based on termination agreements.