Did Clifford Chance Score a Home Goal in FIFA Controversy?

Saudi World Cup Fifa Lawfuel

Clifford Chance Face Saudi FIFA Music

Tom Borman, LawFuel contributing editor

Clifford Chance has found itself a the center of a controversy surrounding Saudi Arabia’s bid for the 2034 FIFA World Cup in a particularly embarrassing scandal given the firm’s work supporting pro bono and gender equality issues.

The firm’s involvement in producing an “independent” human rights assessment for the Saudi Arabian Football Federation (Saff) has raised eyebrows and sparked debate within the legal and human rights communities.

The firm’s Saudi arm, AS&H Clifford Chance, agreed to conduct the human rights assessment required as part of FIFA’s bidding process, but the report has been widely criticized as a “whitewash” because of its limited scope and omission of serious human rights issues.

The assessment was completed in just six weeks, relied solely on desk research and interviews with government ministries. Notably absent were consultations with human rights groups or individuals affected by alleged abuses, such as migrant workers

The Glaring Omissions

Critics argue that the report fails to address several critical human rights concerns in Saudi Arabia including –

  • Discrimination against LGBTQ+ individuals
  • Criminalization of same-sex sexual activity
  • Restrictions on freedom of expression
  • Prohibition of trade unions
  • Forced evictions during construction projects

And the report makes no mention of high-profile incidents such as the murder of journalist Jamal Khashoggi or the controversial Ritz-Carlton purge of 2017.

Methodology and Scope

The methodology notes reveal that the scope of the report was “determined by Saff in agreement with FIFA.”

The limitation allowed the assessment to focus only on human rights recognized within Saudi Arabia, rather than internationally recognized standards

James Lynch of FairSquare, a nonprofit advocacy group, described the report as “unthinkably bad” and “genuinely bizarre,” questioning Clifford Chance’s decision to disregard international standards in favor of parameters set by the Saudi football federation.

The firm’s involvement in various projects for diversity, equality and general pro bono work mean it is placed in an embarrassing position given the failings of the Saudi report.

Like any big law firm, Clifford Chance have no appetite for scandals involving misconduct, as it recently faced in Australia, or other related issues affecting their reputation.

Internal Turmoil and Reputational Concerns

The controversy has reportedly caused significant internal discord at Clifford Chance’s London headquarters, according to reports in news outlets like The Guardian.

Sources familiar with the situation describe an “internal shitstorm,” with key staff members with relevant expertise allegedly left out of the consultation process

This situation is particularly problematic given Clifford Chance’s reputation for pro bono and human rights work. The firm has previously been recognized for its commitment to LGBTQ+ rights, making its involvement in a report that omits these issues in Saudi Arabia all the more striking

Wider Implications for FIFA and the World Cup Bid

The controversy surrounding the report raises questions about the integrity of Saudi Arabia’s World Cup bid and with the kingdom emerging as the sole bidder for the 2034 tournament, concerns have been voiced about the transparency and fairness of the process

FIFA’s decision to ratify Saudi Arabia as the host nation is expected at a congress meeting on December 11 in Zurich. The organization has stated that it will not comment on the bidding process until its conclusion.

Looking Ahead

The firm’s handling of this situation could have far-reaching implications for its reputation and future involvement in high-profile international projects.

Given the sensitivities around big law’s need to up their game in terms of gender, diversity, feminist and related issues the Saudi report’s alleged failings highlight a double standard that few large firms want to face.

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