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Liverpool could seek arbitration, or go to the high court or even the European courts – but Luis Suárez may be better advised to try to put the racism furore behind him

Luis Suárez has 14 days to consider whether to appeal against his eight-match ban for racially abusing Patrice Evra from the date that Liverpool receive the written reasons of the Football Association’s regulatory commission, not from Tuesday, which was the date of the decision. It is important to note that Suárez can only appeal against the level of the sanction not the actual verdict.

I would expect Liverpool to receive the written reasons quite soon – they are usually provided within three working days of the decision being announced, although the Christmas period may slow this down. Giving two weeks to decide whether to lodge an appeal is unusual. The usual directions for appeals against the decisions of the regulatory commission provide for a much tighter timetable.

If Suárez decides not to appeal, the decision will become binding. If he decides to appeal, he must provide written submissions and there will be a hearing, at which he will be represented by lawyers. The appeal board can reduce the sanction, but it can also increase the sanction and its decision is stated to be final and binding. But if it goes against Suárez, he may be inclined to try a further challenge.

The additional options he may try to challenge the decision include the following:

• He could bring arbitration proceedings under rule K of the FA’s rules. Such an arbitration would be limited to a challenge to the validity of the decision on the grounds of ultra vires (including error of law), irrationality or procedural unfairness. An arbitration would likely take place behind closed doors before a three-person tribunal. The process would take months rather than weeks, and it is likely that the suspension and fine would take effect pending the arbitration.

• He could attempt to bring judicial review proceedings in the high court, but his chances of getting this type of action off the ground must be considered quite limited. In a challenge to the setting up of the Premier League in 1992, the high court decided that the FA was not subject to judicial review.

Regarding how the FA will have prepared for attempts at appeal, the regulatory commission will take great care in the drafting of its written decision. The commission will want to ensure, as far as possible, that the logic and the application of the FA rules are as watertight as possible, giving as little room as they can to routes of appeal.

One other option that may be considered relates to the statement released by Liverpool FC. I note it states that “the accusation by this particular player [Evra] was not credible – certainly no more credible than his prior unfounded accusations”. Suárez, therefore, may consider suing Evra for defamation.

When decisions such as this come out, teams and players usually make a statement about “going all the way to Europe”. Yet such statements rarely, if ever, come to anything. Rights of access to both the European court of human rights and the court of arbitration for sport are strictly limited, and I would find it hard to believe that any such challenge would be made in the first place.

It also strikes me that any decision whether to appeal may be used tactically. Suárez has 14 days to either (i) accept the charge, (ii) lodge an appeal or (iii) do nothing. If he admits the charge the penalty will take effect from the date the charge is admitted. Should Suárez appeal, the penalty is suspended until after the outcome of the appeal. Alternatively, Suárez could do nothing and allow the penalty to begin at the expiry of the 14-day deadline. These options will determine which matches Suárez can play in over the coming weeks.

A final point: when I advise clients on whether to commence legal action, the legal merits of their case is only one of a number of factors that I take into account. In a case such as this, Suárez and Liverpool should think long and hard about whether they want this case dragged out. A sensible option may be a contrite statement from Suárez making clear that he is not a racist and that he is gravely sorry for any offence he has caused and that, notwithstanding that he does not agree with the decision, he wants to put the whole episode behind him. The risk for Suárez of taking this further is that he goes down in history as the case that got to grips with racism in high-level football.

Steven Friel is a lawyer for Brown Rudnick who specialises in complex disputes

Luis SuárezLiverpoolThe FAguardian.co.uk

There was little sympathy for the Liverpool striker after his eight-match ban, with the club and manager facing criticism too

The media’s reaction to Luis Suárez’s eight-match ban and £40,000 fine for racially abusing Manchester United’s Patrice Evra has been frenetic and largely unsympathetic towards the Liverpool striker. “Guilty” screams the Daily Mail’s back page. “Racist” is the choice of headline in the Daily Mirror, while the Daily Express simply chooses the word “Banned”.

Columnists, now free from having to write around a complex and drawn-out case that has rumbled on since Patrice Evra brought Suárez’s comments to the world’s attention after Manchester United’s 1-1 draw with Liverpool at Anfield on 15 October, have largely backed the FA’s hardline stance and pointed the finger of blame at Suárez and Liverpool.

The Daily Mirror’s Merseyside correspondent, David Maddock, believes the implications for Liverpool, who issued a robust statement in defence of their Uruguayan striker after the FA delivered its verdict, could not only damage the team, but also the reputation of the manager, Kenny Dalglish, whose picture appears online with the headline “Betrayed” written above it.

“For a club of such standing, of such dignified history, to have their star player condemned for such a serious offence by the FA after they had defended him so vehemently strikes at the heart of their very credibility,” Maddock writes. “Questions must also be asked as to why the club was so swift to accept their player’s explanation of events on that fateful October afternoon when Evra first made his allegations. There was no internal enquiry into the incident, and Dalglish will feel betrayed, as his own reputation is hauled over the coals, along with that of his club, because he had every right to expect the player to give him the full facts. He also had every right to expect more of Suárez.”

Paul Joyce in the Daily Express believes the guilty verdict will stick with Suárez throughout the rest of his career. “The stain on his character is one he will struggle to shift. It is that stigma which will be more hurtful than the unprecedented eight-match ban he received.” Liverpool’s unflinching support of their striker is also questioned. “Liverpool must now tread carefully. The continuing unequivocal support for Suárez comes without any apparent acceptance that he did not need to become involved with Evra. That he could simply have turned the other cheek.”

Joyce’s colleague John Dillon is much more scathing in his criticism of Suárez and paints a picture of the FA as courageous. “After all the good work aimed at eradicating racism from English football, they had no other choice. They didn’t bottle it,” he writes before dismissing the argument that cultural differences should have been taken into account when determining Suárez’s guilt. “Another of the blurred edges here has been the attempt to portray what Suárez did as little more than a cultural aberration … it doesn’t wash. Suárez is living in our culture now. There are hundreds of English footballers who would not perceive the cultural nuances of Suárez’s words and should in no way be expected to understand them.”

“Negro or negrito, it doesn’t really matter now. Sometimes it’s not what you say so much as how you say it, and how many times you do so,” writes James Lawton in the Independent. “The gut instinct here is that a difficult but vital stand has been made. And, you may ask, against what precisely? Hopefully, it is the idea that racism, however it manifests itself, is in English football not consigned to the past.”

Henry Winter in the Daily Telegraph shows Suárez little sympathy, despite accepting the FA’s difficulty in arriving at a judgment due to the “complexities of the case”. “Suárez claimed that what he said to Evra was not racist, merely a descriptive epithet, but for somebody who has lived in northern Europe for four years, including three years in Holland with Ajax, the Liverpool striker should have understood the sensitivity towards the word ‘negro’.”

Ian Ladyman in the Daily Mail believes Dalglish has made himself vulnerable by being overtly supportive of his striker and believes he would be best advised to take a disciplined stance with Suárez. “Liverpool’s manager ought to be taking stock of exactly what it [the ban and fine] means … He [Dalglish] now has a responsibility to Liverpool and indeed to football to ensure that Suárez understands the grave nature of the offence. As Liverpool manager he is right to stand by his player. He knows Suárez better than most. But Dalglish must also do what he can to ensure this never happens again.”

One of the few sympathetic voices in the immediate aftermath of the guilty verdict came from the Liverpool Echo’s James Pearce. “Not one of Evra’s team-mates came forward to back up his serious allegations, including goalkeeper David De Gea, who speaks Spanish. Suárez, for his part, admitted to saying: ‘Why, negro?’ to Evra on one occasion after Evra said: ‘Don’t touch me, you South American.’ The word ‘negro’ is Spanish for black and in his native South America it is not deemed to be offensive. Someone with black hair is often called that without any malice intended … strangely, those linguistic and cultural differences appear to have carried little weight with the commission.”

Luis SuárezLiverpoolGregg Roughleyguardian.co.uk

Part one of the Observer fans’ network’s review of the 2011-12 season so far

ARSENAL: 6/10

Bernard Azulay, GoonersDiary.blogspot.com It feels as if the mettle we’ve displayed in our recent run of form was forged in the debacle of the opening weeks of our campaign, when we struggled to cope with the departures of Fábregas and Nasri, together with the absence of Vermaelen and Wilshere. We may remain only one hamstring away from disaster in respect of Van Persie but, no matter where we end up, most Gooners see plenty of reason for optimism in the burgeoning spirit within this squad – something that had been missing for far too long.

Star man Obviously Van Persie, but with plenty of kudos to the unstinting commitment of others such as Koscielny.

The flops Chamakh, a mysteriously pale shadow of the striker who first arrived at the club, and Arshavin, who appears as if he can’t wait to escape.

The gaffer: Arsène Wenger, 7/10 While Wenger’s desire to cling on to our star players was perfectly understandable, the fact that he was forced into the equivalent of Supermarket Sweep in the final few hours of the transfer window felt like a failure on his part. Nevertheless, all credit must go to Le Gaffer for silencing the critics who were far too quick to sound our death knell.

Who should he sign? Although our recent injury crisis at full-back has exposed a disconcerting lack of depth in the squad, we are desperate for some replacement firepower up front. Albeit somewhat erratic, Podolski is not cup-tied in Europe and may be best suited to adapt to the Premier League.

ASTON VILLA: 4/10

Jonathan Pritchard, Observer reader It has all been so grimly predictable: beating the rubbish, losing to the quality, the massive anti-McLeish tidal wave when we play badly … You could read our season like a book. And not a very good book. We are all craving something sublime or ridiculous to lift the general malaise: football surely isn’t supposed to be this humdrum? It feels like death by a thousand Blackburns right now.

Star man Gabby Agbonlahor has been easily our best player: we’ve scored 18, he’s scored five and assisted eight, and the buzz around the ground when he gets the ball has returned.

The flops Controversially, I’d aim the most criticism at Bent and his inability to do anything but goal-hang. Five tap-ins and absolutely nothing else is what he’s contributed in 14 games. I’d sell him.

The gaffer: Alex McLeish, 4//10 I don’t blame him as much as most. He’d been stripped of his two most creative players before he arrived and the gamble on N’Zogbia has failed. We play dour football, but doesn’t everyone apart from the billionaires? I’m not sure anyone could make a silk purse out of this sow’s ear of a squad. Villa fans need to stop being so parochial with the “Bluenose” stuff: he’s our manager, so we may as well get behind him.

Who should he sign? Bobby Zamora.

BLACKBURN: 0/10

Marcus Tattersall, Blogs.soccernet.com/blackburnrovers A farcical, tragi-comedy that should have the theme tune of The Benny Hill Show playing in the background. Nothing surprises any more about a club that have undergone a character assassination, from being a model of calm respectability under the guidance of John Williams to a dysfunctional shambles that epitomises Venky’s. Contrary to popular belief, the supporters have been magnificent but the daily rumour mill has taken its toll and the majority have never felt as disillusioned and distanced from the club. The authorities have driven a divide between supporters through mixed messages and spin, and the club are in danger of imploding and losing a generation of fans.

Star man Samba is still dancing and the Yak has had a good appetite.

The flops Radosav Petrovic resembles a deer in headlights every time he plays.

The gaffer: Steve Kean 1/10 The greatest spin doctor since Alastair Campbell. If Kean were captain of the Titanic he would tell the passengers it had hit ice to help keep the drinks chilled. The only positive is we score more goals but if we can’t keep the ball it counts for nothing.

Who should he sign? An experienced chairman or chief executive who could command the respect and trust of the fans is priority.

BOLTON: 3/10

Shaun O’Gara, Supporters’ Club The season started well with a 4-0 win at QPR but it has been downhill ever since in a disastrous run. Rock bottom of the league, nine points from 15 games – in fact since our semi-final defeat to Stoke last April we have played 21 Premier League games with only four wins and 17 defeats. A dramatic improvement is needed or we’ll be relegated by New Year.

Star man There’s been so many inconsistent performances and so many players who are not performing, but Klasnic’s seven goals are one plus.

The flops Reo Coker and Pratley in midfield have both disappointed. Eagles has been inconsistent. Ngog is still finding his feet, only one goal so far, and Boyata in defence looks like he’d rather be somewhere else – probably back at City.

The gaffer: Owen Coyle 4/10 This time last season he’d just won the manager of the month award and we were playing free-flowing, attractive football. Now we’re unable to string two passes together, have forgotten how to defend and confidence is at an all-time low. Owen’s managerial reputation has taken a battering. The slump in form since the FA Cup defeat to Stoke is alarming – it’s as if the players’ belief in the manager and what he is trying to do evaporated in that moment as up to then things were on an upward spiral we were in the top 10 most of last season and in the FA Cup semi final for only the second time in 50 years. Owen Coyle is certainly enduring his most difficult time in management – he’s had terrible bad luck in that injuries have robbed him of key players – Stuart Holden, last season’s player of the year and the heartbeat of the side being the biggest blow. All our problems seemed to start with his injury last March, both him and Chung Yong Lee, the previous year’s winner, are both out for most of the season. In fact, 11 players are currently on the injured list, four with broken legs! We lost 20 goals in Elmander and Sturridge which we haven’t replaced. He’s been hampered by a lack of money to spend. The replacements look short on quality at Premier League level..

Who should he sign? We desperately need some steel and creativity in midfield. Presuming Gary Cahill is sold then a centre-half, as well as two full‑backs and a striker. In fact, we need to strengthen everywhere.

CHELSEA: 7/10

Trizia Fiorellino, ChelseaSupportersGroup.net We started well, flopped badly and have picked up dramatically. Given we have some new players and a new manager trying to impose a new style on the old guard, I am more than happy with our current lofty position. Annoyed to have lost to some average sides but there will always be those that capitalise when another team are undergoing a significant change – they were lucky to play us at a vulnerable time.

Star man Romeu has been a revelation and has made us a more difficult team to break down, but Mata has shone. He instantly makes us look more inventive. Leaving confused opposition players in his wake, he provides excellent service to our strikers. Whisper this – he may be better than Zola.

The flops Malouda – we all know what he’s capable of, but all we invariably get now is him losing the ball, bottling tackles and putting in poor crosses.

The gaffer: André Villas-Boas 7/10 I like the way he conducts himself, especially the digs at Gary Neville and the media – we need a manager who sticks up for us. We are finally beginning to see the emergence of his first team and it doesn’t look bad at all. He is not afraid to make controversial decisions and give him a couple more of his own signings and I think we could be on to something.

Who should he sign? With the exits of Anelka and Alex, and the Africa Cup of Nations to consider, we really could do with a striker and a central defender – but January is not the best time to do it, especially as our contract negotiations seem to go on for ever.

EVERTON: 6/10

Steve Jones, BlueKipper.com The season has been very frustrating for Evertonians so far. With Beckford and Yakubu leaving for financial reasons, and Arteta to play in the Champions league, it left us with very few attacking options. We’ve suffered because they haven’t been replaced. David Moyes has had to use young players like Rodwell, Vellios, Barkley and McAleny, who have all had some great moments but have also shown us that they need to learn a bit more before they can be given a run in the team.

Star man Leighton Baines. He has shown yet again why he is the best attacking full‑back in the Premier League.

The flops A lot was expected from Louis Saha, but two goals so far is a poor return.

The gaffer: David Moyes 6/10 I think Moyesy is great for Everton, but he has slipped below his high standards this season so far.

Who should he sign? We desperately need an experienced striker for a couple of million. Unfortunately, I don’t know one.

FULHAM: 6/10

David Lloyd, TOOFIF.co.uk Largely frustrating so far. We’ve got a better squad than last year, have greater strength in depth and yet have struggled to find any consistency as lineups and tactics have been chopped and changed. Backstage bickering hasn’t helped the cause, neither has an over-cautious, at times negative approach. In among it all there’s a good team trying to get out, but the key question is can Martin Jol settle on his best lineup and tactics?

Star man Ruiz and Dembélé are getting better by the week, while Murphy remains hugely effective, but it’s hard to look beyond Hangeland.

The flops Zamora has blown hot and cold while John Arne Riise has improved recently after a run of stodgy