Acórdão do FIFA
Processo FPSD-14979 FYDRISZEWSKI_2026-02-26

REF. FPSD-14979

Decision of the
Dispute Resolution Chamber
passed on 26 February 2026
regarding an employment-related dispute concerning
the player Francisco David Fydriszewski

COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Gonzalo DE MEDINILLA (Spain), Member
Oleg ZADUBROVSKIY (Russia), Member

CLAIMANT / FIRST COUNTER-RESPONDENT:
Francisco David Fydriszewski, Argentina
Represented by Alberto Roige

RESPONDENT / COUNTERCLAIMANT:
Barcelona S.C., Ecuador
Represented by Daniel Mario Crespo

SECOND COUNTER-RESPONDENT:
San Lorenzo de Almagro, Argentina

pg. 2

REF. FPSD-14979

I. Facts of the case
1.

The parties to this dispute are:
•
•
•

The Argentinian player, Francisco David Fydriszewski (hereinafter: the Player or
the Claimant / the First Counter-Respondent);
The Ecuadorian club, Barcelona S.C. (hereinafter: Barcelona or the Respondent /
Counterclaimant), affiliated to the Ecuadorian Football Federation (FEF);
The Argentinian club, San Lorenzo de Almagro (hereinafter: San Lorenzo or the
Second Counter-Respondent), affiliated to the Argentinian Football Association
(AFA).

2.

On 31 January 2023, the Player, Barcelona and the Ecuadorian club Aucas (hereinafter:
Aucas) concluded a transfer agreement (hereinafter: the Transfer Agreement), by means of
which the Player’s registration was transferred from Aucas to Barcelona for USD 300,000.

3.

Also on 31 January 2023, the Player and Barcelona entered into an employment contract
(hereinafter: the Contract) valid as from the date of signature until 31 December 2025.

4.

Clause 4 of the Contract established (quoted verbatim):
“CLÁUSULA CUARTA: REMUNERACIÓN, PRIMAS Y OTROS BENEFICIOS. 1. EL JUGADOR, producto de este contrato, recibirá de EL CLUB, la siguiente
remuneración y otros beneficios acordados a entera satisfacción de las partes:
a) Prima de contratación
El CLUB se obliga a pagar el valor de CIEN MIL DÓLARES DE LOS ESTADOS UNIDOS DE
AMÉRICA (USD 100.000,00) neto, por concepto de PRIMA DE CONTRATACIÓN por cada
temporada desde el 2023 hasta el 2025 por un total de TRESCIENTOS MIL DÓLARES DE
LOS ESTADOS UNIDOS DE AMÉRICA (USD 300.000,00) neto, entendiéndose por tal como
una retribución dineraria que no forma parte ni tiene el carácter de remuneración, de
conformidad con el artículo 20 de la Ley del Futbolista Profesional, publicado en el
Suplemento del Registro Oficial No. 462 del 15 de junio del 1994 y sus reformas. Dicho
valor se pagará siempre y cuando preste directamente sus servicios profesionales al
CLUB y mantenga contrato vigente.
La forma de pago será conforme al siguiente calendario:
• La cantidad de USD$ 25.000,00 (Veinticinco Mil Dólares de los Estados Unidos de
América) netos, pagaderos hasta cinco días después de la Noche Amarilla de cada
temporada 2023, 2024 y 2025.
• La cantidad de USD$ 37.500,00 (Treinta y Siete Mil Quinientos Dólares de los Estados
Unidos de América) netos, pagaderos hasta el 31 de mayo de cada temporada 2023,
2024 y 2025.

pg. 3

REF. FPSD-14979

• La cantidad de USD$ 37.500,00 (Treinta y Siete Mil Quinientos Dólares de los Estados
Unidos de América) netos, pagaderos hasta el 31 de agosto de cada temporada 2023,
2024 y 2025.
b) Remuneración Mensual
EL CLUB se obliga a pagar a favor de EL JUGADOR a partir de la vigencia del presente
contrato y durante toda la vigencia del mismo, la suma mensual de QUINIENTOS
CUARENTA Y CINCO DÓLARES DE ESTADOS UNIDOS AMÉRICA (USD $545,00), pagadero
dentro de los 15 primeros días del mes siguiente al mes devengado que corresponda,
valor en se encuentran incluidos el decimotercer y decimocuarto sueldos, fondos de
reserva prorrateados a todos los beneficios que por Ley correspondan. De la
remuneración total, EL CLUB asumirá los aportes correspondientes al Instituto
Ecuatoriano de Seguridad Social (IESS) y a la Agencia Tributaria Ecuatoriano etc.. De
igual forma, EL CLUB se reserva el derecho de descontar de los haberes lo que EL
JUGADOR hubiese recibido por anticipos y/o préstamos otorgados por EL CLUB, así
como lo que disponga La Ley o la autoridad competente.
c) Prima de habilitación mensual
• Temporada 2023
El CLUB se obliga a pagar la suma mensual de DIECINUEVE MIL CUATROCIENTOS
CINCUENTA Y CINCO DÓLARES DE LOS ESTADOS UNIDOS DE AMÉRICA (USD $19.455,00)
netos al JUGADOR, por concepto de PRIMA DE HABILITACIÓN por el año 2023 por un
total de DOSCIENTOS TREINTA Y TRES MIL CUATROCIENTOS SESENTA (USD $
233.460,00) netos, entendiéndose por tal como una retribución dineraria que no forma
parte ni tiene el carácter de remuneración, de conformidad con el artículo 20 de la Ley
del Futbolista Profesional, publicado en el Suplemento del Registro Oficial No. 462 del
15 de junio del 1994 y sus reformas. Dicho valor se pagará, durante los veinte días
siguientes contados desde el último día del mes devengado; siempre y cuando preste
directamente sus servicios profesionales al CLUB durante la vigencia del presente
contrato.
• Temporada 2024
El CLUB se obliga a pagar la suma mensual de VEINTIÚN MIL NOVECIENTOS
CINCUENTA Y CINCO DÓLARES DE LOS ESTADOS UNIDOS DE AMÉRICA (USD $21.955,00)
netos al JUGADOR, por concepto de PRIMA DE HABILITACIÓN por el año 2024 por un
total de DOSCIENTOS SESENTA Y TRES MIL CUATROCIENTOS SESENTA (USD $
263.460,00) netos, entendiéndose por tal como una retribución dineraria que no forma
parte ni tiene el carácter de remuneración, de conformidad con el artículo 20 de la Ley
del Futbolista Profesional, publicado en el Suplemento del Registro Oficial No. 462 del
15 de junio del 1994 y sus reformas. Dicho valor se pagará, durante los veinte días
siguientes contados desde el último día del mes devengado; siempre y cuando preste
directamente sus servicios profesionales al CLUB durante la vigencia del presente
contrato.

pg. 4

REF. FPSD-14979

• Temporada 2025
El CLUB se obliga a pagar la suma mensual VEINTICUATRO MIL CUATROCIENTOS
CINCUENTA Y CINCO DÓLARES DE LOS ESTADOS UNIDOS DE AMÉRICA (USD $24.455,00)
netos, por concepto de PRIMA DE HABILITACIÓN por el año 2025 por un total de
DOSCIENTOS NOVENTA Y TRES MIL CUATROCIENTOS SESENTA (USD $ 293.460,00)
netos, entendiéndose por tal como una retribución dineraria que no forma parte ni
tiene el carácter de remuneración, de conformidad con el artículo 20 de la Ley del
Futbolista Profesional, publicado en el Suplemento del Registro Oficial No. 462 del 15
de junio del 1994 y sus reformas. Dicho valor se pagará, durante los veinte días
siguientes contados desde el último día del mes devengado; siempre y cuando preste
directamente sus servicios profesionales al CLUB durante la vigencia del presente
contrato.
En cuanto a la prima de habilitación por los 3 temporadas, EL CLUB se
responsabilizará si en el futuro hay un cambio de ley con respecto a esto y/o si este
supuesto será considerado ilegal o invalido y en tal caso EL CLUB pagará por su cuenta
los montos que se deben al Instituto Ecuatoriano de Seguridad Social y se declara único
responsable de cualquier tipo o naturaleza de reclamo que se presente en contra del
JUGADOR por este concepto, sin perjuicio de lo cual se compromete a indemnizar al
JUGADOR por cualquier perjuicio que éste sufriera por tales reclamaciones, mediante
la reparación integral que comprende, pero no se limita, al plano económico y a las
defensa del JUGADOR.
d) Vivienda & otros beneficios
• El CLUB se obliga a pagar la suma mensual de MIL DÓLARES DE LOS ESTADOS UNIDOS
DE AMÉRICA (USD $1.000,00) neto, por concepto de vivienda, durante las temporadas
2023, 2024 y 2025 siempre y cuando preste sus servicios al CLUB y se mantenga vigente
el presente contrato. El CLUB se encargará de ayudar a conseguir una vivienda en un
condominio privado con seguridad y pagará la garantía y la comisión (si es que hay
alguna) y será garante en el contrato de arrendamiento del JUGADOR.
• EL CLUB se obliga durante la vigencia del contrato entregar de forma temporal a favor
de EL JUGADOR (1) vehículo familiar (5 plazas) y una vez culminada la vigencia del
presente contrato lo entregará en las mismas condiciones que lo recibió. En el caso
que el vehículo sea sujeto de siniestros y/o multas impuestas por autoridad
competente serán asumidos única y exclusivamente por EL JUGADOR. Queda
entendido que mientras el vehículo se encuentre en posesión de EL JUGADOR, éste
responderá en forma exclusiva y excluyente por los daños causados a terceras
personas viajen o no en el interior del vehículo; por los daños causados a la propiedad
privada o pública; así como por las transgresiones al reglamento de tránsito vigente
en el país, caso contrario EL JUGADOR autoriza expresamente al CLUB a descontarlos
de sus haberes / liquidación.
• EL CLUB se obliga a pagar tres (3) pasajes o tiquetes aéreos de ida y vuelta, en la ruta
Guayaquil - Rosario - Guayaquil por temporada, para el JUGADOR su esposa e su hijos
o quien él designe, no siendo acumulables entre sí.

pg. 5

REF. FPSD-14979

e) Rendimiento deportivo:
El Club pagará al JUGADOR por temporada lo siguiente:
• La cantidad de USD$ 15.000,00 (QUINCE MIL DÓLARES DE LOS ESTADOS UNIDOS DE
AMÉRICA) netos en caso de que el JUGADOR llegue a realizar 10 goles en las
competiciones oficiales a lo largo de la temporada, pagaderos hasta 15 días hábiles
después de haber finalizado la temporada. A tales efectos la Secretaría Técnica del
Club emitirá el informe correspondiente.
• La cantidad de USD$ 20.000,00 (VEINTE MIL DÓLARES DE LOS ESTADOS UNIDOS DE
AMÉRICA) netos en caso de que el JUGADOR llegue a realizar 15 goles en las
competiciones oficiales a lo largo de la temporada, pagaderos hasta 15 días hábiles
después de haber finalizado la temporada. A tales efectos la Secretaría Técnica del
Club emitirá el informe correspondiente.
• La cantidad de USD$ 25.000,00 (VEINTICINCO MIL DÓLARES DE LOS ESTADOS UNIDOS
DE AMÉRICA) netos en caso de que el JUGADOR llegue a realizar 20 goles en las
competiciones oficiales a lo largo de la temporada, pagaderos hasta 15 días hábiles
después de haber finalizado la temporada. A tales efectos la Secretaría Técnica del
Club emitirá el informe correspondiente.
El pago de los incentivos antes detallados, serán excluyentes unos de otros, es decir
que no serán acumulables entre sí, y se pagarán una sola vez por temporada, durante
la vigencia del contrato.
e) Premios colectivos
POR CUMPLIMIENTO DE OBJETIVOS: Estos premios pagará el CLUB al JUGADOR de
conformidad con los valores comunes que se acuerden con el plantel profesional para
cada temporada
2. Todos los valores anteriormente detallados en esta cláusula cuarta (i.e. prima de
contratación, remuneración mensual, prima de habilitación mensual, vivienda,
rendimiento deportivo, premios colectivos etc.) se pagarán netos y libres de impuestos
de cualquier tipo, que serán asumidos por EL CLUB quien deberá presentar a EL
JUGADOR las retenciones correspondientes donde conste que el valor que recibirá EL
JUGADOR es el acordado en los antes mencionados numerales. EL CLUB deberá hacer
el cálculo correspondiente para que EL JUGADOR reciba dichos valores de manera neta
y sin descuento alguno. En consecuencia, se acuerda expresamente que en el caso de
que las cantidades y suma efectivamente percibidas por el JUGADOR en virtud de este
clausula cuarta (tras la deducción de las cotizaciones e impuestos a la administración
fiscal y/o a la Seguridad Social ecuatoriano aplicables, así como tras la deducción de
cualesquiera costes o gastos directa o indirectamente asociados a cualquier auditoría
tributaria, disputa o procedimiento fiscal por parte de cualquier administración fiscal
o de la Seguridad Social Ecuatoriana, tales como, pero no limitados a, cantidades
adicionales de impuestos y seguridad social a pagar, pagos de regularización,
intereses, multas administrativas o penales, cualquier pago realizado en relación con
un acuerdo, negociación o convenio judicial o extrajudicial, honorarios de consultoría

pg. 6

REF. FPSD-14979

fiscal y honorarios de abogados), sea inferior a las cantidades netas mencionados en
este clausula cuarta y/o su suma , se realizará un ajuste y el CLUB, quien debe dejar
indemne al JUGADOR, pagará al JUGADOR la remuneración adicional correspondiente
para asegurar que los valores percibidas por parte del JUGADOR y su suma en efectivo
sea igual y no inferior a las cantidades netas garantizadas.”
Freely translated into English:
“FOURTH CLAUSE: REMUNERATION, BONUSES, AND OTHER BENEFITS
THE PLAYER, as a result of this contract, shall receive from THE CLUB the following
remuneration and other benefits, agreed to the full satisfaction of the parties:
a) Signing Bonus
THE CLUB undertakes to pay the amount of ONE HUNDRED THOUSAND UNITED STATES
DOLLARS (USD 100,000.00) net, as a SIGNING BONUS for each season from 2023 to
2025, for a total of THREE HUNDRED THOUSAND UNITED STATES DOLLARS (USD
300,000.00) net, understood as a monetary payment that does not form part of nor
has the nature of remuneration, in accordance with Article 20 of the Professional
Footballer’s Law, published in Supplement of Official Registry No. 462 of June 15, 1994,
and its amendments. This amount shall be paid as long as he directly provides his
professional services to the CLUB and maintains a valid contract.
The payment method shall follow the following schedule:
• The amount of USD 25,000.00 net, payable up to five days after the ‘Noche Amarilla’
of each season 2023, 2024, and 2025.
• The amount of USD 37,500.00 net, payable up to May 31 of each season 2023, 2024,
and 2025.
• The amount of USD 37,500.00 net, payable up to August 31 of each season 2023,
2024, and 2025.
b) Monthly Remuneration
THE CLUB undertakes to pay THE PLAYER, from the effective date of this contract and
throughout its duration, the monthly sum of FIVE HUNDRED FORTY-FIVE UNITED STATES
DOLLARS (USD 545.00), payable within the first 15 days of the month following the
corresponding accrued month. This amount includes the thirteenth and fourteenth
salaries, reserve funds prorated to all legally applicable benefits. From the total
remuneration, THE CLUB will assume the contributions corresponding to the
Ecuadorian Social Security Institute (IESS) and the Ecuadorian Tax Authority, etc.
Likewise, THE CLUB reserves the right to deduct from the payments any advances
and/or loans granted to THE PLAYER, as well as anything provided by law or competent
authority.
c) Monthly Registration Bonus

pg. 7

REF. FPSD-14979

• 2023 Season
THE CLUB undertakes to pay the monthly amount of NINETEEN THOUSAND FOUR
HUNDRED FIFTY-FIVE UNITED STATES DOLLARS (USD 19,455.00) net to THE PLAYER, as
a REGISTRATION BONUS for 2023, for a total of USD 233,460.00 net, understood as a
monetary payment that does not form part of remuneration, in accordance with Article
20 of the Professional Footballer’s Law. This amount shall be paid within 20 days
following the last day of the accrued month, provided the PLAYER directly renders his
professional services to THE CLUB during the term of this contract.
• 2024 Season
THE CLUB undertakes to pay the monthly amount of TWENTY-ONE THOUSAND NINE
HUNDRED FIFTY-FIVE UNITED STATES DOLLARS (USD 21,955.00) net, for a total of USD
263,460.00 net, under the same conditions described above.
• 2025 Season
THE CLUB undertakes to pay the monthly amount of TWENTY-FOUR THOUSAND FOUR
HUNDRED FIFTY-FIVE UNITED STATES DOLLARS (USD 24,455.00) net, for a total of USD
293,460.00 net, under the same conditions described above.
Regarding the registration bonus for the three seasons, THE CLUB shall be responsible
if in the future there is a change of law regarding this and/or if this assumption is
considered illegal or invalid, and in such event THE CLUB shall pay on its own the
amounts owed to the Ecuadorian Social Security Institute and declares itself solely
responsible for any type or nature of claim presented against THE PLAYER for this
concept, without prejudice to which it undertakes to compensate THE PLAYER for any
damage suffered from such claims, through full compensation, which includes but is
not limited to financial aspects and the PLAYER’s defense.
d) Housing & Other Benefits
• THE CLUB undertakes to pay the monthly amount of ONE THOUSAND UNITED STATES
DOLLARS (USD 1,000.00) net, for housing, during the 2023, 2024, and 2025 seasons, as
long as the PLAYER renders his services to THE CLUB and the present contract remains
in effect. THE CLUB will assist in obtaining housing in a private condominium with
security, and will pay the security deposit and commission (if applicable), and will act
as guarantor in the PLAYER’s lease contract.
• THE CLUB undertakes, during the term of the contract, to temporarily provide THE
PLAYER with one (1) family vehicle (5 seats), which must be returned in the same
condition once the term of the contract ends. If the vehicle is involved in accidents
and/or fines imposed by competent authorities, they shall be assumed exclusively by
THE PLAYER. It is understood that while the vehicle is in the PLAYER’s possession, he will
be solely and exclusively liable for damages caused to third parties, whether or not they
are inside the vehicle; for damages caused to private or public property; as well as for
violations of the traffic regulations in force in the country. Otherwise, THE PLAYER
expressly authorizes THE CLUB to deduct such amounts from his payments.

pg. 8

REF. FPSD-14979

• THE CLUB undertakes to pay three (3) round‑trip airline tickets per season on the
route Guayaquil–Rosario–Guayaquil for the PLAYER, his spouse and children, or
anyone he designates, not accumulable among themselves.
e) Sporting Performance
The CLUB shall pay THE PLAYER per season the following:
• USD 15,000.00 net if the PLAYER scores 10 goals in official competitions throughout
the season, payable within 15 business days after the season ends.
• USD 20,000.00 net if the PLAYER scores 15 goals, payable within the same period.
• USD 25,000.00 net if the PLAYER scores 20 goals, payable within the same period.
The payment of the above‑mentioned incentives shall be mutually exclusive, meaning
they are not accumulable, and shall be paid only once per season during the term of
the contract.
f) Collective Awards
FOR ACHIEVEMENT OF OBJECTIVES: These awards will be paid by THE CLUB to THE
PLAYER in accordance with the standard amounts agreed with the professional squad
for each season.
All amounts detailed in this fourth clause (i.e., signing bonus, monthly remuneration,
monthly registration bonus, housing, sporting performance, collective awards, etc.)
shall be paid net and free of any type of taxes, which shall be assumed by THE CLUB,
who must provide THE PLAYER with the corresponding withholding certificates showing
that the amount received by THE PLAYER corresponds to the amounts agreed upon in
the numerals mentioned above. THE CLUB must perform the necessary calculations so
that THE PLAYER receives said amounts net and without any deductions.
Accordingly, it is expressly agreed that if the amounts effectively received by THE PLAYER
under this fourth clause (after deductions for contributions and taxes to the
Ecuadorian tax authorities and/or Social Security, as well as deductions for any costs
or expenses directly or indirectly associated with any tax audit, dispute, or fiscal
procedure—such as, but not limited to, additional taxes and social security amounts
due, regularization payments, interest, administrative or criminal fines, payments
made in connection with agreements or settlements, tax consultancy fees, and legal
fees) are less than the net amounts mentioned in this fourth clause and/or their total
sum, then an adjustment shall be made and THE CLUB, which must hold THE PLAYER
harmless, shall pay THE PLAYER the additional remuneration necessary to ensure that
the amounts received by THE PLAYER in cash are equal to and not less than the net
amounts guaranteed.”
5.

Clause 8.1 of the Contract stipulated:
“1. EL CLUB deberá pagar en su debido momento la remuneración y las primas
acordadas al JUGADOR conforme a lo establecido en este contrato y según lo estipulado

pg. 9

REF. FPSD-14979

en los Arts. 17, 18 y 19 de la Ley del Futbolista Profesional. En caso de contradicción
entre ellos, los términos de este contrato prevalecerán. Sin perjuicio de lo dispuesto en
el reglamento de la FIFA, los retrasos en el pago superiores a 30 días darán lugar a
intereses de mora al tipo fijado por el Banco Central de Ecuador, sin que sea necesaria
notificación alguna al respecto.”
Freely translated into English:
“1. THE CLUB must pay, in due time, the remuneration and the bonuses agreed with the
PLAYER in accordance with what is established in this contract and as stipulated in
Articles 17, 18, and 19 of the Professional Footballer’s Law. In case of contradiction
between them, the terms of this contract shall prevail. Without prejudice to the
provisions of FIFA regulations, delays in payment exceeding 30 days shall give rise to
default interest at the rate set by the Central Bank of Ecuador, without the need for any
notification in this regard.”
6.

Clause 8.7 of the Contract established:
“7. El CLUB se hará cargo y proporcionará una visa de trabajo y residencia para el
JUGADOR y su familia si así lo requieren.”
Freely translated into English:
“7. The CLUB shall cover and provide a work and residence visa for the PLAYER and his
family if required.”

7.

Clause 10 of the Contract included, inter alia, the following in its last paragraph (quoted
verbatim):
“Si durante la vigencia del presente contrato EL CLUB termina de forma unilateral su
relación contractual con EL JUGADOR sin causa justa, indemnizará a EL JUGADOR con
la cantidad USD $1’500.000,00 (UN MILLÓN QUINIENTOS MIL DÓLARES DE LOS
ESTADOS UNIDOS DE AMÉRICA), netos libres de todo impuesto y/o retención por la
terminación anticipada de contrato.”
Freely translated into English:
“If during the term of this agreement the CLUB unilaterally terminates its contractual
relationship with the PLAYER without just cause, it shall compensate the PLAYER with
the amount of USD $1,500,000.00 (ONE MILLION FIVE HUNDRED THOUSAND UNITED
STATES DOLLARS), net and free of any taxes and/or withholdings, for the early
termination of the contract.”

pg. 10

REF. FPSD-14979

8.

Clause 11 of the Contract provided as follows:
“CLÁUSULA DECIMA PRIMERA: CLAUSULA DE SALIDA (‘BUY-OUT CLAUSE’)
El JUGADOR puede dejar el CLUB y rescindir su contrato laboral en cualquier momento
durante la vigencia de este Acuerdo pagando directamente al CLUB, o haciendo que un
tercer club pague directamente al CLUB, la cantidad de 1.500.000 USD netos.
Esta cláusula es una cláusula de salida (buy-out) y en caso de que el Jugador notifique
al CLUB que desea activar esta cláusula, ya sea por sí mismo o por medio de un tercer
club, el CLUB indicará en un plazo de dos días en qué cuenta bancaria se debe realizar
dicho pago, en caso contrario se podrá depositar mediante cheque en la LigaPro o en
cualquier notaría de elección del JUGADOR en Ecuador.
El Club firmará todos los documentos necesarios e introducirá, si así corresponde,
todas las instrucciones necesarias en FIFA TMS para la emisión del certificado
internacional de transferencia de FIFA habilitando así el registro del JUGADOR en un
tercer club en relación con la ejecución de esta cláusula de salida.”
Freely translated into English:
“ELEVENTH CLAUSE: EXIT CLAUSE (‘BUY‑OUT CLAUSE’)
The PLAYER may leave the CLUB and terminate his employment contract at any time
during the validity of this Agreement by paying directly to the CLUB, or by having a third
club pay directly to the CLUB, the amount of USD 1,500,000 net.
This clause is a release clause (buy‑out clause), and in the event that the Player notifies
the CLUB that he wishes to activate this clause, whether by himself or through a third
club, the CLUB shall indicate, within two days, the bank account into which said
payment must be made; otherwise, it may be deposited by means of a cheque with
LigaPro or before any notary chosen by the PLAYER in Ecuador.
The Club shall sign all necessary documents and shall enter, if applicable, all necessary
instructions in FIFA TMS for the issuance of the FIFA international transfer certificate,
thus enabling the registration of the PLAYER with a third club in relation to the execution
of this release clause.”

9.

Also on 31 January 2023, the Player, Barcelona and the Player’s agent, Mr. Rodrigo Abadie,
(hereinafter: the Player’s Agent), concluded an agreement under which Barcelona undertook
to pay the Player’s Agent USD 114,600 net plus VAT in several instalments.

10. During the 2023 season, the Player scored 14 goals for Barcelona.
11. During the 2023 season, Barcelona participated in the group stage of the Copa CONMEBOL
Libertadores and the intermediate stage of the Copa CONMEBOL Sudamericana.
12. On 10 January 2024, the Player and Barcelona concluded an addendum to the Contract
(hereinafter: the Addendum). Clause 3 of the Addendum established (quoted verbatim):

pg. 11

REF. FPSD-14979

“CLÁUSULA TERCERA. - OBJETO: Con los antecedentes expuestos, el CLUB y el JUGADOR
acuerdan realizar las siguientes modificaciones:
3.1. Se reforma parcialmente la ‘CLÁUSULA CUARTA. - REMUNERACIÓN, PRIMAS Y OTROS
BENEFICIOS:’ luego del segundo inciso, el siguiente texto:
En su literal b) Remuneración Mensual:
‘EL CLUB se obliga a pagar a favor de EL JUGADOR a partir de la vigencia del presente
contrato y durante toda la vigencia del mismo, la suma mensual de QUINIENTOS
SESENTA DÓLARES DE ESTADOS UNIDOS AMÉRICA (USD $560,00), pagadero dentro de
los 15 primeros días del mes siguiente al mes devengado que corresponda, valor en se
encuentran incluidos el decimotercer y decimocuarto sueldos, fondos de reserva
prorrateados a todos los beneficios que por Ley correspondan. De la remuneración
total, EL CLUB asumirá los aportes correspondientes al Instituto Ecuatoriano de
Seguridad Social (IESS). De igual forma, EL CLUB se reserva el derecho de descontar de
los haberes lo que EL JUGADOR hubiese recibido por anticipos y/o préstamos otorgados
por EL CLUB, así como lo que disponga La Ley o la autoridad competente’.
En su literal c) Prima de habilitación mensual
• Temporada 2024
El CLUB se obliga a pagar la suma mensual de VEINTINUEVE MIL CUATROCIENTOS
CUARENTA DÓLARES DE LOS ESTADOS UNIDOS DE AMÉRICA (USD $29.440,00), netos,
por concepto de PRIMA DE HABILITACIÓN por el año 2024, por un total de TRESCIENTOS
CINCUENTA Y TRES MIL DOSCIENTOS OCHENTA DÓLARES DE LOS ESTADOS UNIDOS DE
AMÉRICA (USD$ 353.280,00) netos, entendiéndose por tal como una retribución
dineraria que no forma parte ni tiene el carácter de remuneración, de conformidad con
el artículo 20 de la Ley del Futbolista Profesional, publicado en el Suplemento del
Registro Oficial No. 462 del 15 de junio del 1994 y sus reformas. Dicho valor se pagará,
durante los veinte días siguientes contados desde el último día del mes devengado;
siempre y cuando preste directamente sus servicios profesionales al CLUB durante la
vigencia del presente contrato.
• Temporada 2025
El CLUB se obliga a pagar la suma mensual de VEINTINUEVE MIL CUATROCIENTOS
CUARENTA DÓLARES DE LOS ESTADOS UNIDOS DE AMÉRICA (USD $29.440,00), netos,
por concepto de PRIMA DE HABILITACIÓN por el año 2025, por un total de TRESCIENTOS
CINCUENTA Y TRES MIL DOSCIENTOS OCHENTA DOLARES DE LOS ESTADOS UNIDOS DE
AMÉRICA (USD$ 353.280,00) netos, entendiéndose por tal como una retribución
dineraria que no forma parte ni tiene el carácter de
remuneración, de conformidad con el artículo 20 de la Ley del Futbolista Profesional,
publicado en el Suplemento del Registro Oficial No. 462 del 15 de junio del 1994 y sus
reformas. Dicho valor se pagará, durante los veinte días siguientes contados desde el
último día del mes devengado; siempre y cuando preste directamente sus servicios
profesionales al CLUB durante la vigencia del presente contrato.

pg. 12

REF. FPSD-14979

En su literal d) Vivienda & otros beneficios, se agrega:
El CLUB se obliga a pagar el valor de TRESCIENTOS MIL DÓLARES DE LOS ESTADOS
UNIDOS DE AMÉRICA (USD $300.000,00) neto, como contrapartida a que el JUGADOR
acepte suprimir la Cláusula Décima Primera del Contrato, llamada ‘PRIMA ESPECIAL’,
entendiéndose por tal como una retribución dineraria que no forma parte ni tiene el
carácter de remuneración, de conformidad con el artículo 20 de la Ley del Futbolista
Profesional, publicado en el Suplemento del Registro Oficial No. 462 del 15 de junio del
1994 y sus reformas. Dicho valor se pagará siempre y cuando preste directamente sus
servicios profesionales al CLUB y mantenga contrato vigente.
La forma de pago será conforme al siguiente calendario:
i. La cantidad de USD$ 100.000,00 (Cien Mil Dólares de los Estados Unidos de América),
netos, pagaderos hasta el 24 de febrero de 2024.
ii. De la cantidad de USD$ 100.000,00 (Cien Mil Dólares de los Estados Unidos de
América), netos, pagaderos hasta el 24 de abril de 2024.
iii. La cantidad de USD$ 100.000,00 (Cien Mil Dólares de los Estados Unidos de América),
netos, pagaderos hasta el 24 de junio de 2024.
En su literal d) Vivienda & otros beneficios, se agrega:
El CLUB se obliga a pagar el valor de DIEZ MIL DÓLARES DE LOS ESTADOS UNIDOS DE
AMÉRICA (USD $10.000,00) neto, por concepto de PRIMA DE RENOVACIÓN,
entendiéndose por tal como una retribución dineraria que no forma parte ni tiene el
carácter de remuneración, de conformidad con el artículo 20 de la Ley del Futbolista
Profesional, publicado en el Suplemento del Registro Oficial No. 462 del 15 de junio del
1994 y sus reformas. Dicho valor se pagará siempre y cuando preste directamente sus
servicios profesionales al CLUB y mantenga contrato vigente. Pagadera por una sola
vez en el mes de enero de 2024
2. Se reforma parcialmente la ‘CLÁUSULA DÉCIMA. - TERMINACIÓN ANTICIPADA’,
eliminándose únicamente su último inciso.
3. Se elimina por completa la ‘CLÁUSULA DÉCIMA PRIMERA: CLÁUSULA DE SALIDA (‘BUY
-OUT CLAUSE’)’
(…)”
Freely translated into English:
“THIRD CLAUSE – OBJECT:
With the background set out above, the CLUB and the PLAYER agree to make the
following amendments:
3.1. The ‘FOURTH CLAUSE – REMUNERATION, BONUSES AND OTHER BENEFITS’ is
partially amended as follows, incorporating after the second paragraph the following
text:

pg. 13

REF. FPSD-14979

In subsection b) Monthly Remuneration:
‘THE CLUB undertakes to pay THE PLAYER, from the effective date of this contract and
throughout its term, the monthly sum of FIVE HUNDRED SIXTY UNITED STATES DOLLARS
(USD $560.00), payable within the first 15 days of the month following the
corresponding accrued month. This amount includes the thirteenth and fourteenth
salaries, reserve funds prorated to all benefits corresponding by law. From the total
remuneration, THE CLUB shall assume the contributions corresponding to the
Ecuadorian Social Security Institute (IESS). Likewise, THE CLUB reserves the right to
deduct from the payments any advances and/or loans granted to THE PLAYER, as well
as anything ordered by law or the competent authority.’
In subsection c) Monthly Registration Bonus
• 2024 Season
THE CLUB undertakes to pay the monthly sum of TWENTY‑NINE THOUSAND FOUR
HUNDRED FORTY UNITED STATES DOLLARS (USD $29,440.00) net, as a REGISTRATION
BONUS for the year 2024, for a total of THREE HUNDRED FIFTY‑THREE THOUSAND TWO
HUNDRED EIGHTY UNITED STATES DOLLARS (USD $353,280.00) net, understood as a
monetary payment that does not form part of nor has the nature of remuneration, in
accordance with Article 20 of the Professional Footballer’s Law, published in the
Supplement of Official Registry No. 462 of June 15, 1994, and its amendments. This
amount shall be paid within twenty days from the last day of the accrued month,
provided the PLAYER directly provides his professional services to the CLUB during the
term of this contract.
• 2025 Season
THE CLUB undertakes to pay the monthly sum of TWENTY‑NINE THOUSAND FOUR
HUNDRED FORTY UNITED STATES DOLLARS (USD $29,440.00) net, as a REGISTRATION
BONUS for the year 2025, for a total of THREE HUNDRED FIFTY‑THREE THOUSAND TWO
HUNDRED EIGHTY UNITED STATES DOLLARS (USD $353,280.00) net, understood as a
monetary payment that does not form part of nor has the nature of remuneration, in
accordance with Article 20 of the Professional Footballer’s Law, published in the
Supplement of Official Registry No. 462 of June 15, 1994, and its amendments. This
amount shall be paid within twenty days from the last day of the accrued month,
provided the PLAYER directly provides his professional services to the CLUB during the
term of this contract.
In subsection d) Housing & other benefits, the following is added:
THE CLUB undertakes to pay the amount of THREE HUNDRED THOUSAND UNITED
STATES DOLLARS (USD $300,000.00) net, as consideration for the PLAYER agreeing to
eliminate Clause Eleven of the Contract, called ‘SPECIAL BONUS,’ understood as a
monetary payment that does not form part of nor has the nature of remuneration, in

pg. 14

REF. FPSD-14979

accordance with Article 20 of the Professional Footballer’s Law, published in the
Supplement of Official Registry No. 462 of June 15, 1994, and its amendments. This
amount shall be paid as long as the PLAYER directly provides his professional services
to the CLUB and maintains a valid contract.
The payment method shall follow the following schedule:
i. USD $100,000.00 net, payable by February 24, 2024.
ii. USD $100,000.00 net, payable by April 24, 2024.
iii. USD $100,000.00 net, payable by June 24, 2024.
Also added to subsection d) Housing & other benefits:
THE CLUB undertakes to pay the amount of TEN THOUSAND UNITED STATES DOLLARS
(USD $10,000.00) net, as a RENEWAL BONUS, understood as a monetary payment that
does not form part of nor has the nature of remuneration, in accordance with Article
20 of the Professional Footballer’s Law, published in the Supplement of Official Registry
No. 462 of June 15, 1994, and its amendments. This amount shall be paid as long as
the PLAYER directly provides his professional services to the CLUB and maintains a valid
contract. It shall be paid once only, in January 2024.
2. The ‘TENTH CLAUSE – EARLY TERMINATION’ is partially amended, eliminating only its
final paragraph.
3. The ‘ELEVENTH CLAUSE – EXIT CLAUSE (BUY‑OUT CLAUSE)’ is completely eliminated.”
13. On 11 February 2024, the event “Noche Amarilla New Jersey 2024” took place.
14. According to the Player, on 22 March 2024, Barcelona sent him a first draft of a settlement
agreement regarding amounts that were owed to him (hereinafter: the First Draft). The
content of the First Draft was as follows (quoted verbatim):
“Primera-- Objeto del Acuerdo Transaccional.
El presente Acuerdo Transaccional tiene por objeto reflejar el acuerdo alcanzado de
forma libre, expresa y sin reservas entre BARCELONA SC y el JUGADOR en virtud del cual
pretenden: (i) prever la forma y los términos en los que se deberán liquidar las
obligaciones de pago derivadas del "La Medida Transaccional"; (ii) fijar una forma de
pago de las antedichas sumas resultantes; (iii) finiquitar todas las relaciones
contractuales y de cualquier otra índole, entre Las Partes y la renuncia a cualquier
reclamación presente o futura; (iv) evitar un eventual litigio entre Las Partes.
Segunda.- Condiciones y términos de pago de las cantidades adeudadas por
BARCELONA SC al JUGADOR,
1. Consta en el presente instrumento, la voluntad de las partes pagar y recibir en virtud
de siguiente: i. Liquidación de beneficio por tiquetes aéreos 2023 y 2024; ii. Primas por

pg. 15

REF. FPSD-14979

Rendimiento Deportivo correspondiente a la temporada 2023 y Otros beneficios. En
línea con lo anterior, y con la finalidad de liquidar todas y cualesquiera de las
cantidades debidas y pagaderas por parte de BARCELONA SC a favor del JUGADOR por
la cantidad de USD$ 23.647,00 (Veintitrés Mil Seiscientos Cuarenta y Siete Dólares de
los Estados Unidos de América), cuya forma de pago será convenida por las partes. El
JUGADOR, por este medio, expresa e irrevocablemente, acepta recibir las cantidades
fijadas, en concepto de medida transaccional (la ‘Medida Transaccional’).
2. De igual forma es voluntad de las partes liquidar la forma de pago sobre la ‘PRIMA
ESPECIAL’ detallada en la Cláusula Cuarta de ‘Vivienda & Otros beneficios’ por la
cantidad de USD$ 300.000,000 (TRESCIENTOS MIL DÓLARES DE LOS ESTADOS UNIDOS
DE AMÉRICA), cuya nueva forma de pago será:
1. La cantidad de USD$ 50.000,00 (Cincuenta Mil Dólares de los Estados Unidos de
América), pagadera al 31 marzo de 2024.
2. La cantidad de USD$ 250.000,00 (Doscientos Cincuenta Mil Dólares de los Estados
Unidos de América), fraccionada en diez (10) cuotas iguales y consecutivas, exigibles el
último día de cada mes desde marzo a diciembre de 2024 por la cantidad de USD$
25.000,00 (Veinticinco Mil Dólares de los Estados Unidos de América).
Tercera - Satisfacción de la deuda, posteriores reclamaciones y otras disposiciones.
1. El JUGADOR declara de forma expresa que, una vez abonadas de forma íntegra por
BARCELONA SC las cantidades adeudadas y reconocidas en el presente Acuerdo
Transaccional, y que el JUGADOR haya cobrado de forma definitiva dichas cantidades,
no tendrá nada más que reclamar al CLUB bajo ningún concepto o motivo.
2. En este sentido, una vez percibida la cantidad descrita en la Cláusula Segunda, el
JUGADOR nada más tiene que reclamar a BARCELONA SC por ningún concepto ni
relación jurídica y/o comercial. Asimismo, las Partes declaran estar satisfechas con las
resoluciones convenidas, y renuncian de manera libre, expresa y sin reservas a
cualesquiera otras pretensiones o derechos o acciones que les pudieran corresponder
por cualquier concepto o relación jurídica, haciendo, por medio del presente Acuerdo,
renuncia expresa, íntegra y sin reservas al ejercicio de todas y cuantas acciones les
pudieran corresponder en Derecho en relación con dichas personas y/o sus herederos
legales.
(…)”
Freely translated into English:
“First – Object of the Settlement Agreement
The object of this Settlement Agreement is to reflect the agreement freely, expressly, and
unreservedly reached between BARCELONA SC and the PLAYER, by virtue of which they
intend to:

pg. 16

REF. FPSD-14979

(i) establish the manner and terms under which the payment obligations arising from
the ‘Settlement Measure’ shall be settled;
(ii) determine a payment method for the aforementioned resulting amounts;
(iii) terminate all contractual and any other type of relationships between the Parties
and waive any present or future claims;
(iv) avoid a potential dispute between the Parties.
Second – Conditions and terms of payment of the amounts owed by BARCELONA SC to
the PLAYER
It is recorded in this instrument the will of the parties to pay and receive the following:
i. Settlement of benefits for airline tickets 2023 and 2024;
ii. Performance Bonuses corresponding to the 2023 season;
iii. Other benefits.
In line with the above, and with the purpose of settling all amounts owed and payable
by BARCELONA SC to the PLAYER in the amount of USD $23,647.00 (Twenty ‑Three
Thousand Six Hundred Forty‑Seven United States Dollars), the payment method shall be
agreed upon by the parties. The PLAYER, hereby, expressly and irrevocably accepts
receiving the amounts set forth as a settlement measure (the ‘Settlement Measure’).
Likewise, the parties express their intent to settle the method of payment regarding the
“SPECIAL BONUS” stated in Clause Four of ‘Housing & Other Benefits,’ in the amount of
USD $300,000.00 (Three Hundred Thousand United States Dollars), whose new form of
payment shall be:
The amount of USD $50,000.00 (Fifty Thousand United States Dollars), payable on
March 31, 2024.
The amount of USD $250,000.00 (Two Hundred Fifty Thousand United States Dollars),
divided into ten (10) equal and consecutive installments, payable on the last day of each
month from March to December 2024, each installment amounting to USD $25,000.00
(Twenty‑Five Thousand United States Dollars).
Third – Satisfaction of the debt, further claims, and other provisions
The PLAYER expressly declares that once BARCELONA SC has fully paid the amounts
owed and acknowledged in this Settlement Agreement, and once the PLAYER has
definitively received such amounts, he shall have no further claims against the CLUB
under any concept or reason.
In this regard, once the amount described in Clause Two has been received, the PLAYER
has nothing further to claim from BARCELONA SC for any concept nor legal and/or
commercial relationship. Likewise, the Parties declare themselves satisfied with the

pg. 17

REF. FPSD-14979

agreed resolutions and freely, expressly, and unreservedly waive any other claims,
rights, or actions to which they may be entitled for any concept or legal relationship,
expressly and fully waiving the exercise of any and all actions they may have under the
law against such persons and/or their legal heirs.”
15. On 26 March 2024, the Player’s legal representative sent a revised draft of the settlement
agreement to Barcelona (hereinafter: the Second Draft), with several modifications. In the
email, the legal representative stated that the Player did not agree to waive amounts that
were not included in the draft, as established in the First Draft, and requested that all the
pending amounts be included, taking into account the salary and the two instalments of
the signing bonus.
16. On 28 March 2024, Barcelona paid the Player USD 50,000.
17. On 4 April 2024, the Player’s legal representative sent a new email to Barcelona with a
reminder, stating that he had not received any reply and that there were several owed
amounts.
18. On 18 April 2024, the Player’s legal representative sent a new email to Barcelona with
another reminder, stating that there were several owed amounts and that it was Barcelona
that was interested in signing this agreement. He expressed his intention to finalise the
agreement within five days.
19. On 27 May 2024, Barcelona paid the Player USD 23,600.
20. On 28 May 2024, the Player put Barcelona in default and requested payment of USD
307,887.79 net, of which USD 17,500 net corresponded to the remaining balance of the
second instalment of the signing bonus for the 2023 season, USD 15,000 net for the bonus
for scoring 10 goals during the 2023 season, USD 25,000 net to the first signing bonus for
the 2024 season, USD 29,440 net to the monthly registration bonus for April 2024, USD
8,065 net to flight tickets, USD 588 net to visa costs, USD 100,000 net to the first instalment
of the special bonus, USD 100,000 net to the second instalment of the special bonus, and
USD 12,294.79 to interest. The Player granted Barcelona 15 days to comply with the
payment and reminded it that the second instalment of the signing bonus for the 2024
season would be due on 31 May 2024. In addition, in the email with the notice, the Player
informed Barcelona that he was no longer interested in signing any settlement agreement
due to Barcelona’s failure to follow up.
21. On 12 June 2024, Barcelona replied to the letter, stating that a verbal agreement had been
reached between the club and the Player for the payment of USD 369,611.50 including
flight tickets and visa expenses, which consisted of a first payment of USD 50,000 made on
28 March 2024 and the balance in instalments, having paid the first one of USD 23,600 on
27 May 2024. Barcelona argued that, despite not having signed a written agreement, the
verbal agreement was still valid and binding and attached the proofs of payment.

pg. 18

REF. FPSD-14979

22. On 14 June 2024, the Player terminated the Contract, stating that Barcelona owed him
more than USD 400,000, which was equivalent to more than 14 monthly salaries. The Player
alleged that, based on Barcelona’s conduct and its reply of 12 June 2024, he could no longer
be expected to continue the employment relationship, and denied having verbally
arranged a payment schedule.
23. On 15 June 2024, Barcelona rejected the Player’s termination, arguing that the club did not
owe him two monthly salaries as established by art. 14bis of the Regulations on the Status
and Transfer of Players (hereinafter: the Regulations). Barcelona remarked that the signing
bonuses for the 2023 and 2024 seasons, the bonus for performance related to the 2023
season, and the special bonuses were not monthly salaries, and that, although the club
was obliged to provide him with flight tickets, it was not obliged to reimburse those bought
by the Player. In any event, Barcelona alleged that neither the flight tickets nor the visa
costs should be accounted in the calculation under art. 14bis of the Regulations. In this
respect, Barcelona acknowledged a debt for May 2024 but stated that it was false that 14
monthly salaries were due. Based on all this, Barcelona requested that the Player disregard
the termination and comply with the Contract, or otherwise it would consider that he was
terminating the Contract without just cause as he had an agreement with a new club.
24. On 17 June 2024, Barcelona sent a note to the Player, stating that he was absent from
training and informing him that he was breaching the Contract and imposing a warning.
25. During the 2024 season, the Player scored 11 goals for Barcelona.
26. On 25 June 2024, Barcelona and the Uruguayan player Raul Octavio Rivero Falero
(hereinafter: the New Player) concluded a contract (hereinafter: the New Player’s Contract)
valid as from 3 July 2024 until 2 July 2026 and also signed a contract with his agent.
27. On 6 July 2024, Barcelona sent a correspondence to San Lorenzo, alleging that it had come
to their knowledge that San Lorenzo intended to hire the Player. In this regard, Barcelona
informed San Lorenzo that the Player had breached the Contract and lodged a claim before
FIFA, which would be responded to. Furthermore, Barcelona mentioned that it would lodge
a counterclaim against him and the new club that hired him.
28. On 1 August 2024, the Player and San Lorenzo concluded a new contract (hereinafter: the
San Lorenzo Contract), valid as from the date of signature until 31 December 2026.
According to this contract, the Player was entitled to a monthly salary of USD 11,363
between 1 August 2024 and 31 December 2024 and of USD 11,538 between 1 January 2025
and 31 December 2026, in addition to a trajectory bonus of USD 187,500 for 2024, USD
450,000 for 2025, and USD 450,000 for 2026.
29. According to Barcelona, on 5 August 2024, it sent San Lorenzo a draft of a transfer
agreement between Barcelona and San Lorenzo regarding the Player’s transfer from the

pg. 19

REF. FPSD-14979

first club to the second, involving also the Player (hereinafter: the Draft of the Transfer
Agreement). In this draft, it was stated that San Lorenzo would pay USD 600,000 net to
Barcelona.
30. According to the Player, on 5 August 2024, Barcelona sent a draft to him (hereinafter: the
Draft of the Settlement Agreement), by means of which it was stated that Barcelona would
pay him USD 600,000 net as outstanding remuneration.
31. On 12 August 2024, the AFA requested the Player’s International Transfer Certificate (ITC)
on behalf of San Lorenzo.
32. On 14 August 2024, Barcelona instructed the FEF to reject the ITC request. In particular,
Barcelona mentioned in this request that the Player, without Barcelona’s authorization,
had been training on the premises of San Lorenzo as from mid-July 2024 and that San
Lorenzo had communicated with Barcelona at the end of July 2024 to negotiate the Player’s
transfer. Barcelona stated that, although the parties had reached an agreement, San
Lorenzo withdrew from the negotiations and hired the Player as a free agent.
33. On 16 August 2024, the FEF rejected the ITC request, arguing that there had been no mutual
agreement regarding early termination of the Contract.
34. On 22 August 2024, San Lorenzo challenged the ITC rejection by the FEF and requested the
Player’s immediate registration to FIFA, arguing that the Player terminated the Contract
with just cause.
35. On 23 August 2024, the AFA disputed the rejection of the ITC request.
36. On 26 August 2024, the Players’ Status Chamber of the Football Tribunal (hereinafter: the
PSC) issued a decision granting the request made by the AFA to register the Player for San
Lorenzo, without prejudice to any possible decision from the Dispute Resolution Chamber
of the Football Tribunal (hereinafter: the DRC) on the substance of the potential or existing
contractual dispute between the Player and Barcelona (as well as his new club).
37. On 4 December 2024, the Player and San Lorenzo concluded a termination agreement
(hereinafter: the San Lorenzo Termination Agreement), by means of which the parties
terminated the employment relationship. San Lorenzo acknowledged a debt of USD
900,000 towards the Player as salaries until November 2024 and compensation, and
undertook to pay it in three instalments between 6 December 2024 and 10 July 2025.
38. On 10 January 2025, the Player and the Colombian club Ind. Medellin concluded an
employment contract (hereinafter: the Ind. Medellin Contract), valid as from 10 January 2025
to 31 December 2026. Based on this contract, the Player would be entitled to a monthly
salary of COP 141,300,000, guaranteeing a net monthly amount of USD 35,000.

pg. 20

REF. FPSD-14979

II. Proceedings before FIFA
39. On 18 June 2024, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Player
40. The Player argued that he and Barcelona concluded the Contract, which was then amended
by the Addendum against the backdrop of numerous clubs having shown an interest in
triggering his buy-out clause. In this regard, the Player alleged that he was entitled to fixed
amounts as “monthly remuneration” and “monthly registration bonus”, in addition to a
signing bonus, a monthly contribution towards housing and car, a bonus for his
performance, a special bonus based on his acceptance to delete the buy-out clause, a
renovation bonus and collective bonuses. Moreover, the Player asserted that in case of any
delay in payment he was entitled to default interest at the rate set by the Central Bank of
Ecuador.
41. The Player further argued that Barcelona had delayed his payments, which exacerbated in
March 2024 and, therefore, Barcelona indicated to him that it would like to agree on a new
payment schedule, namely for the special bonus of USD 300,000, of which USD 100,000
had already fallen due on 24 February 2024. In this context, he asserted that he could show
some flexibility but informed Barcelona that it had to discuss the matter with his lawyer.
Based on this, the Player stated that Barcelona sent the First Draft, which was unacceptable
because the club also included a general waiver and failed to include a substantial number
of outstanding payments. Hence, he alleged that his lawyer sent the Second Draft, without
obtaining any reply, even with two reminders sent on 4 and 18 April 2024.
42. In this regard, the Player argued that he sent a notice of default on 28 May 2024 requesting
payment of USD 307,887.79 and granting a final deadline of 15 days. The Player mentioned
that, although Barcelona replied to this letter, it did not settle the outstanding amounts
and referred to a non-existent verbal agreement. Therefore, on 14 June 2024 he terminated
the Contract with just cause.
43. Based on the above, the Player argued that he is entitled to outstanding remuneration and
compensation for breach of contract equal to the residual value. Regarding interest, the
Player remarked that the Contract referred to delay interest based on Ecuadorian law and,
subsidiarily, 5% p.a. shall apply.
44. The Player’s requests for relief were the following:
“F. REQUEST FOR RELIEF
98. Without prejudice to the right of the Claimant to amend its request for relief upon
receipt of Respondent's answer, the Claimant, based on the aforementioned,

pg. 21

REF. FPSD-14979

respectfully requests the FIFA Dispute Resolution Chamber to establish its competence
and:
I. To hold that Francisco Fydriszewski terminated his Employment Contract with
Barcelona Sporting Club with just cause for overdue payables, as per article 14 of the
FIFA RSTP and article 14 of the FIFA RSTP.
II. To order Barcelona Sporting Club to pay to Francisco Fydriszewski outstanding
salaries in the amount of USD 373,707.11 plus interests until the day of effective
payment as follows:
a. USD 17,150 net plus interests as of 1 June 2023 (prima de contratación - 2nd
instalment season 2023)
b. USD 15,000 net plus interest as of 2 December 2023 (bonus for scoring 10 goals
season 2023)
c. USD 20,000 net plus interests as of 1 January 2024 (December 2023 salary)
d. USD 30,000 net plus interests as of 1 February 2024 (January 2024 salary)
e. USD 10,000 net plus interest as of 1 February 2024 (prima de renovación Jan. 2024)
f. USD 25,000 net plus interests as of 17 February 2024 (prima de contratación - 1st
instalment season 2024 - 5 days after Noche Amarillo)
g. USD 26,400 net plus interests as of 29 May 2024 (remainder of 1st instalment of the
prima especial - discounting partial payments of USD 50,000 on 28 March 2024 and
of USD 23,600 on 28 May 2024)
h. USD 30,000 net plus interests as of 1 March 2024 (February 2024 salary)
i. USD 100,000 net plus interests as of 25 April 2024 (2nd instalment of the prima
especial)
j. USD 1,000 net plus interests as of 1 May 2024 (April contribution to housing)
k. USD 30,000 net plus interests as of 1 June 2024 (May 2024 salary)
l. USD 1,000 net plus interests as of 1 June 2024 (May contribution to housing)
m. USD 37,500 net plus interests as of 1 June 2024 (prima de contratación - 2nd
instalment season 2024)
n. USD 8,065 net plus interests as of 16 November 2023 (reimbursement of flight
tickets)
o. USD 588 net plus interest as of 15 June 2024 (reimbursement of visa expenses)
p. USD 15,696.11 net plus interests as of 1 January 2024 (bonus for having qualified
to the group stage of the Copa Libertadores ed. 2024)
q. USD 6.308 net plus interests as of 1 July 2023 (Bonus for having qualified to the
second phase of the Copa Sudamericana 2023)
III. To order Barcelona Sporting Club to pay to Francisco Fydriszewski default interests
for the delay in making partial payments regarding the 2nd instalment of the premio
de contratación for the season 2023 and regarding the 1st instalment of USD 100,000
of the prima especial as follows:
a. USD 3,681.37 as default interests over the late payment of the 2nd instalment of
the prima especial in the amount of USD 37,500 accruing as from 1st of June 2023
until the 19th of January 2024, date on which a partial payment of USD 20,350 was
made, and this at an interest of 16.2% p.a. or, subsidiarily, for the same concept, the
amount of USD 1,191.78 as default interests at a rate of 5% p.a.

pg. 22

REF. FPSD-14979

b. USD 1,420.27 as default interests over the late payment of the 1st instalment of the
prima especial in the amount of USD 100,000 accruing as from 25th of February 2024
until the 28th of March 2024, date on which a partial payment of USD 50,000 was
made, and this at an interest of 16.2% p.a. or subsidiarily, for the same concept, the
amount of USD 438.36 as default interests at a rate of 5% p.a.
c. USD 1,930.68 as default interests over the late payment of the 1st instalment of the
prima especial in the amount of USD 100,000, and this over the delta of USD 50,000
following a first partial payment, with interests accruing as of the 28th of March 2024
until the 27th of May 2024, date on which a second partial payment was made, and
this at an interest rate of 16.2% p.a., or subsidiarily, for the same concept, the amount
of USD 595.89 as default interests at a rate of 5% p.a.
Annex 24 - Calculation Default Interests partial payments
III. To order Barcelona Sporting Club to pay Francisco Fydriszewski the amount of USD
132,000 net plus interests as additional outstanding salary triggered by the
termination with just cause as follows:
a. USD 100,000 net plus interests as of 15 June 2024 (corresponding to the 3rd
instalment of the prima especial)
b. USD 16,000 net plus interests as of 15 June 2024 (corresponding to the pro-rata
salary of the June 2024 salary)
c. USD 1,000 net plus interests as of 15 June 2024 (corresponding the contribution to
housing, rent being paid for upfront for each month)
d. USD 15,000 net plus interests as of 15 June 2024 (bonus for rendimiento deportivo
for having scored 10 goals during the season 2024)
III. To order Barcelona Sporting Club to pay Francisco Fydriszewski the amount of USD
693,500 net plus interests as of 15 June 2024 as compensation for the breach of
contract and this pursuant to article 17 of the FIFA RSTP;
IV. To award interests on all amounts requested under points II, IV & IV of the Requests
for Relief as of the date mentioned therein until the date of effective payment as follows:
a) In primary order, as per the interest rate set by the Central Bank Ecuador, i.e. 16.2%
per annum;
b) in subsidiary order, pursuant to Swiss law, i.e. at a rate of 5% interests per year;
VII. to impose the corresponding sporting sanction on Barcelona Sporting Club for its
breach of contract, prohibiting it from registering any new player nationally and
internally for the next two years or sporting seasons, whatever comes first, and this
pursuant to article 17 of the FIFA RSTP:
VIII. in any case, to impose a temporary transfer ban on Barcelona Sporting Club
pursuant to Article 24 of the FIFA RSTP up until the full payment of amounts to be
awarded in the to be issued decision of the FIFA DRC
IX. to order that Barcelona Sporting Club shall carry all the costs of the present
procedure.”
b. Reply and counterclaim of Barcelona
45. On 26 July 2024, Barcelona filed its reply and lodged a counterclaim against the Player.

pg. 23

REF. FPSD-14979

46. Barcelona acknowledged that the club and the Player concluded the Contract, which
established several payments of diverse nature in favour of the Player, with the bonuses
not forming part of his remuneration. In addition, Barcelona also acknowledged that the
parties concluded the Addendum, modifying the terms of the Contract, and that during
March 2024 they negotiated an agreement regarding the payment of amounts that had
been accrued until that date. In this context, Barcelona stated that it sent the First Draft
and the Player sent the Second Draft, but, finally, the parties could not reach a written
agreement. Barcelona alleged that the Player then put it in default and the club replied
arguing that there was a verbal agreement and providing proof of payment of USD 73,600.
Barcelona mentioned that, notwithstanding, the Player terminated the Contract and failed
to attend training the following days.
47. First, Barcelona remarked that the Player, in the notice of default, stated that Barcelona
owed him several amounts, none of which consisted of a monthly salary. Then, Barcelona
argued that the verbal agreement between the parties existed and was proven with the
drafts submitted with the claim. According to Barcelona, the lack of signature of the
agreement was due to “accessory instrumentation issues” but the payments made by the
club reflected the agreement. Hence, Barcelona stated that the termination was without
just cause, demonstrating the Player’s lack of interest, contrary to Barcelona’s interest in
the Player’s services.
48. Moreover, Barcelona referred to art. 14bis par. 1 and 3 of the Regulations, and alleged that
the Player himself was acknowledging that Ecuadorian law was applicable to the present
dispute when he invoked Ecuadorian jurisprudence and regulations in his claim, which was
also referred to in the Contract. In this respect, Barcelona stated that, in accordance with
the Contract and Ecuadorian law no. 56 of the Professional Footballer, the bonuses were
not part of the Player’s remuneration. Barcelona mentioned that payments of this nature
are not made for players’ services, which is also a benefit for players as these payments
are not subject to deductions and contributions. According to Barcelona, the Player
accepted receiving these payments as bonuses. Based on the above, Barcelona contended
that the salaries were completely paid and, therefore, the termination was made without
just cause.
49. Additionally, Barcelona pointed out the Player’s conduct and change of position, alleging
that the termination was not an ultima ratio measure. In any event, Barcelona stated that
the calculation for compensation was inaccurate, as the bonuses were only to be paid if
the Contract was in force. Therefore, these payments cannot be considered as part of the
residual value. However, Barcelona affirmed that the Player’s new income should be
deducted from compensation.
50. Taking the above into consideration, Barcelona lodged a counterclaim against the Player,
recalling that the Contract included a buy-out clause of USD 1,500,000, which both parties
deemed insufficient when they concluded the Addendum. In addition, Barcelona remarked

pg. 24

REF. FPSD-14979

that it paid USD 300,000 for the Player’s transfer fee and USD 114,600 as commission to
the Player’s Agent, as well as USD 1,590,000 for signing the New Player and USD 143,000
for his agent’s commission. Hence, Barcelona quantified its damages in USD 1,050,000.
51. Barcelona’s requests for relief were the following:
“Por lo expuesto, solicitamos:
a. Se tenga por contestado el reclamo del Jugador.
b. Se tenga por presentada la contrademanda de Barcelona por ruptura anticipada del
contrato imputable al Jugador.
c.Oportunamente se rechace la demanda del Jugador y se reconozcan a Barcelona la
compensación respectiva con motivo de la ruptura anticipada del contrato decidida
por el Jugador.”
Freely translated into English:
“In light of the above, we request that:
a. The Player’s claim be deemed answered.
b. Barcelona’s counterclaim for early termination of the contract attributable to the
Player be deemed submitted.
c. In due course, the Player’s claim be rejected and Barcelona be granted the
corresponding compensation arising from the early termination of the contract
decided by the Player.”
52. On 6 August 2024, the FIFA general secretariat requested that Barcelona complete its
counterclaim based on art. 18 par. 1 of the Procedural Rules Governing the Football
Tribunal (hereinafter: the Procedural Rules), until 16 August 2024.
53. On 13 August 2024, Barcelona completed its counterclaim.
54. On 15 August 2024, Barcelona lodged a parallel claim against San Lorenzo, which was
registered under the reference FPSD-15607. Barcelona alleged that this claim was related
to the termination without just cause made by the Player and mentioned that Barcelona
and the Player had reciprocal claims under case reference FPSD-14979. Hence, Barcelona
stated that this claim against San Lorenzo concerned its joint liability as the Player’s new
club.
55. In the claim against San Lorenzo, Barcelona referred to the same facts as in the reply and
counterclaim of the present case, but also added that during August 2024, Barcelona, the
Player and San Lorenzo negotiated regarding the Player’s transfer. In this regard, Barcelona
mentioned that on 5 August 2024, the negotiations were successful and it sent San Lorenzo
the Draft of the Transfer Agreement. However, Barcelona remarked that San Lorenzo
withdrew from the negotiations and on 9 August 2024 it informed the Player’s hiring.

pg. 25

REF. FPSD-14979

56. Based on the above, Barcelona alleged that San Lorenzo acted in bad faith and shall be
responsible, as the new club, in the terms of art. 17 par. 2 and 4 of the Regulations. Thus,
Barcelona requested that San Lorenzo be ordered to pay USD 1,050,000.
57. Barcelona made the following requests for relief:
“Por lo expuesto, Barcelona solicita:
a. Se tenga por presentada la demanda contra el Club Atlético San Lorenzo y se lo
condene a pagar, de forma solidaria con el Jugado, la cantidad de USD 1.050.000 más
intereses (Art. 17.2 RETJ).
b. Se determinen las consecuencias disciplinarias previstas en el 17.4 RETJ.”
Freely translated into English:
“In light of the above, Barcelona requests that:
a. The claim against Club Atlético San Lorenzo be deemed submitted, and that the Club
be ordered to pay, jointly and severally with the Player, the amount of USD 1,050,000
plus interest (Art. 17.2 RSTP).
b. The disciplinary consequences provided for in Article 17.4 RSTP be determined.”
58. On 4 September 2024, the FIFA general secretariat informed Barcelona that the claim
FPSD-15607 would be closed as it was closely connected to the dispute already initiated
under reference FPSD-14979, and that all relative correspondence should be submitted in
the latter case.
59. On 4 September 2024, Barcelona submitted all the documents of FPSD-15607 in case
FPSD-14979.
60. The FIFA general secretariat informed the parties that it would be up to the Chamber to
decide about the admissibility of the counterclaim against San Lorenzo and its
consequences.
c. Player’s response to the counterclaim
61. First, the Player remarked that Barcelona acknowledged a debt of USD 373,707.41 net and
should be considered to have accepted the debt in full. The Player argued that Barcelona
relied on a technical interpretation of Ecuadorian law, which distinguishes between salaries
and bonuses for tax and regulatory purposes. However, the Player stated that this was
irrelevant because in this case, FIFA Regulations apply, and they do not differentiate
between forms of remuneration. According to the Player, art. 14bis of the Regulations
allows a player to terminate a contract with just cause for outstanding salaries in case a
club fails to pay an amount equivalent to at least two months of salaries, which was the
case here.

pg. 26

REF. FPSD-14979

62. The Player also contended that the DRC shall disregard Barcelona’s allegations of an
alleged verbal agreement, as the mere act of sending a draft did not constitute an
agreement. In any event, even if it were to consider that there was an agreement, Barcelona
failed to comply with its terms, which would have re-triggered the original terms of the
Contract. Moreover, the Player added a new claim of USD 18,000 as the accommodation
contribution, because he argued that it was not a reimbursement of expenses but an
element of his salary in the Contract.
63. Regarding the counterclaim, the Player asserted that the letter dated 17 June 2024, by
means of which the club requested him to return to training, was an attempt to fabricate
a notion that he was still bound by a valid employment contract, although the letter was
sent after the termination.
64. Regarding the amount of compensation requested by Barcelona, the Player affirmed that
it was baseless and unsubstantiated, based on a speculative and arbitrary calculation
including elements that were unsupported by evidence. The Player asserted that without
a proper breakdown, explanation or demonstration of how Barcelona arrived at the
amount of USD 1,050,000, it became extremely difficult to elaborate a proper defence. The
Player argued that in the unlikely event that the DRC considered the counterclaim
admissible, the claim for compensation remained unsustainable.
65. Additionally, the Player mentioned that, following Barcelona’s claim, compensation should
only be based on his “remuneration”, which would amount to USD 10,360 as the residual
value. Furthermore, the Player indicated that the transfer fee was amortized, and the
maximum amount to be considered should be USD 159,155. Regarding the amount of USD
600,000 based on the Draft of the Transfer Agreement, the Player stated that this amount
did not qualify as transfer fee, but it was an agreement that was negotiated between the
parties that San Lorenzo attempted for political reasons, in order to sign the Player without
any pending claim and allowing him to receive the outstanding remuneration he had from
Barcelona. In fact, the Player remarked that Barcelona also sent the Draft of the Settlement
Agreement, which showed that the financial arrangements were intended to resolve the
outstanding debt and the Player’s claims against Barcelona. In any case, the Player stated
that the principle of contributory negligence should apply and, in this case, Barcelona
contributed significantly by failing to pay the debt.
66. Finally, the Player asserted that, in any event, San Lorenzo should be jointly liable for any
compensation owed to Barcelona.
67. The Player made the following requests for relief:
“VII. REQUEST FOR RELIEF
85. The Claimant, based on the aforementioned, respectfully requests the FIFA Dispute
Resolution Chamber to establish its competence and:
I. To dismiss Barcelona SC’s counterclaim in its entirety;

pg. 27

REF. FPSD-14979

II. To hold that Francisco Fydriszewski terminated his Employment Contract with
Barcelona Sporting Club with just cause for overdue payables, as per article 14bis of
the FIFA RSTP and article 14 of the FIFA RSTP;
III. To order Barcelona Sporting Club to pay to Francisco Fydriszewski outstanding
salaries in the amount of USD 373,707.11 net plus interests until the day of effective
payment as follows:
a. USD 17,150 net plus interests as of 1 June 2023 (prima de contratación - 2nd
instalment season 2023);
b. USD 15,000 net plus interest as of 2 December 2023 (bonus for scoring 10 goals
season 2023);
c. USD 20,000 net plus interests as of 1 January 2024 (December 2023 salary);
d. USD 30,000 net plus interests as of 1 February 2024 (January 2024 salary);
e. USD 10,000 net plus interest as of 1 February 2024 (prima de renovación Jan. 2024);
f. USD 25,000 net plus interests as of 17 February 2024 (prima de contratación - 1st
instalment season 2024 - 5 days after Noche Amarillo);
g. USD 26,400 net plus interests as of 29 May 2024 (remainder of 1st instalment of the
prima especial - discounting partial payments of USD 50,000 on 28 March 2024 and
of USD 23,600 on 28 May 2024);
h. USD 30,000 net plus interests as of 1 March 2024 (February 2024 salary);
i. USD 100,000 net plus interests as of 25 April 2024 (2nd instalment of the prima
especial);
j. USD 1,000 net plus interests as of 1 May 2024 (April contribution to housing);
k. USD 30,000 net plus interests as of 1 June 2024 (May 2024 salary);
l. USD 1,000 net plus interests as of 1 June 2024 (May contribution to housing);
m. USD 37,500 net plus interests as of 1 June 2024 (prima de contratación - 2nd
instalment season 2024);
n. USD 8,065 net plus interests as of 16 November 2023 (reimbursement of flight
tickets);
o. USD 588 net plus interest as of 15 June 2024 (reimbursement of visa expenses);
p. USD 15,696.11 net plus interests as of 1 January 2024 (bonus for having qualified
to the group stage of the Copa Libertadores ed. 2024);
q. USD 6.308 net plus interests as of 1 July 2023 (Bonus for having qualified to the
second phase of the Copa Sudamericana 2023);
IV. To order Barcelona Sporting Club to pay to Francisco Fydriszewski default interests
for the delay in making partial payments regarding the 2nd instalment of the premio
de contratación for the season 2023 and regarding the 1st instalment of USD 100,000
of the prima especial as follows:
a. USD 3,681.37 as default interests over the late payment of the 2nd instalment of
the prima especial in the amount of USD 37,500 accruing as from 1st of Juney 2023
until the 19th of January 2024, date on which a partial payment of USD 20,350 was
made, and this at an interest of 16.2% p.a. or, subsidiarily, for the same concept, the
amount of USD 1,191.78 as default interests at a rate of 5% p.a.;
b. USD 1,420.27 as default interests over the late payment of the 1st instalment of the
prima especial in the amount of USD 100,000 accruing as from 25th of February 2024

pg. 28

REF. FPSD-14979

until the 28th of March 2024, date on which a partial payment of USD 50,000 was
made, and this at an interest of 16.2% p.a. or subsidiarily, for the same concept, the
amount of USD 438.36 as default interests at a rate of 5% p.a.;
c. USD 1,930.68 as default interests over the late payment of the 1st instalment of the
prima especial in the amount of USD 100,000, and this over the delta of USD 50,000
following a first partial payment, with interests accruing as of the 28th of March 2024
until the 27th of May 2024, date on which a second partial payment was made, and
this at an interest rate of 16.2% p.a., or subsidiarily, for the same concept, the amount
of USD 595.89 as default interests at a rate of 5% p.a.;
V. To order Barcelona Sporting Club to pay Francisco Fydriszewski the amount of USD
132,000 net plus interests as additional outstanding salary triggered by the termination
with just cause as follows:
a. USD 100,000 net plus interests as of 15 June 2024 (corresponding to the 3rd
instalment of the prima especial);
b. USD 16,000 net plus interests as of 15 June 2024 (corresponding to the pro- rata
salary of the June 2024 salary);
c. USD 1,000 net plus interests as of 15 June 2024 (corresponding the contribution to
housing, rent being paid for upfront for each month);
d. USD 15,000 net plus interests as of 15 June 2024 (bonus for rendimiento deportivo
for having scored 10 goals during the season 2024);
V. To order Barcelona Sporting Club to pay Francisco Fydriszewski the amount of USD
711,500 net plus interests as of 15 June 2024 as compensation for the breach of
contract and this pursuant to article 17 of the FIFA RSTP
AND
Should any amount from Francisco Fydriszewski’s new contract with CA San Lorenzo be
deducted as Mitigated Compensation, to additionally grant Francisco Fydriszewski 4
(four) months’s salaries as an Additional Compensation due to egregious circumstances
pursuant to article 17.1.ii of the FIFA RSTP, i.e. USD 157,000 net;
VI. To award interests on all amounts requested under points III, V&VI of the Requests
for Relief as of the date mentioned therein until the date of effective payment as follows:
a. In primary order, as per the interest rate set by the Central Bank Ecuador, i.e. 16.2%
(sixteen point two percent) per annum;
b. In subsidiary order, as per the verbal agreement, i.e. at a rate of 10% (ten percent)
interests per year;
c. in subsidiary order, pursuant to Swiss law, i.e. at a rate of 5% (five percent) interests
per year.
V. To order Barcelona Sporting Club to ensure that all amounts condemned by FIFA are
also net of any taxes and social security contributions, in compliance with clause 4.2 of
the Employment Contract, meaning that Barcelona Sporting Club shall provide clear
and verifiable evidence that it has fully paid all required taxes
and social security contributions in Ecuador on all amounts paid to Francisco
Fydriszewski up until the date of termination of the Employment Contract as well as on
any future amounts it may be condemned to pay to Francisco Fydriszewski, ensuring

pg. 29

REF. FPSD-14979

compliance with Ecuadorian tax regulations and that Francisco Fydriszewski receives
the full net amounts;
IX. To order Barcelona Sporting Club to adjust any unpaid or underpaid amounts,
ensuring that Francisco Fydriszewski receives the full net amounts as stipulated in
clause 4.2 of the Employment Contract (and Addendum), including any amounts that
may have been deducted or not properly accounted for due to tax obligations;
X. to impose the corresponding sporting sanction on Barcelona Sporting Club for its
breach of contract, prohibiting it from registering any new player nationally and
internally for the next two years or sporting seasons, whatever comes first, and this
pursuant to article 17 of the FIFA RSTP;
XI. in any case, to impose a temporary transfer ban on Barcelona Sporting Club
pursuant to Article 24 of the FIFA RSTP up until the full payment of amounts to be
awarded in the to be issued decision of the FIFA DRC;
XII. to order that Barcelona Sporting Club shall carry all the costs of the present
procedure;
Without prejudice to the oustanding salary claimed at point III and all relevant requests
for relief above in relation to the outstanding salary and interests at points III, IV, V and
VII, and in only in case the FIFA DRC were to determine that the Francisco Fydriszewski
terminated the contract without just cause:
XIII. to reject Barcelona Sporting Club’s request for damages as inadmissible as they are
not substantiated nor motivated;
XIV. to dispense with any compensation pursuant to article 44.2 of the Swiss Code of
Obligations;
XV. to significantly reduce the amount of compensation pursuant to article 44.1 of the
Swiss Code of Obligations;
XVI. to condemn Francisco Fydriszewski to pay Barcelona Sporting Club a maximum
amount of USD 10,360 (ten thousand three hundred sixty American dollars).”
d. San Lorenzo’s reply to the counterclaim
68. First, San Lorenzo requested that the counterclaim against it be rejected for having been
filed outside the relevant time limit. In this regard, San Lorenzo argued that Barcelona had
until 16 August 2024 to file its counterclaim and that the San Lorenzo Contract was signed
on 1 August 2024, but it only lodged the counterclaim on 4 September 2024. In fact, San
Lorenzo stated that on 6 July 2024 Barcelona had already sent a formal notification
regarding the Player’s hiring, remarking that the signature of the San Lorenzo Contract was
not a new fact, and it could have submitted the counterclaim within the granted time limit.
Therefore, San Lorenzo requested that the claim be rejected.
69. Subsidiarily, San Lorenzo asserted that the Interim Regulatory Framework of the
Regulations was applicable to this case and that Barcelona had failed to provide any
evidence demonstrating that San Lorenzo induced the Player to terminate the Contract.

pg. 30

REF. FPSD-14979

70. Based on the duty to collaborate, San Lorenzo informed that in July 2024 it became
interested in the Player and initiated research regarding his contractual situation, which
led to the Draft of the Transfer Agreement, which was a unilateral document sent by
Barcelona without San Lorenzo’s agreement. Therefore, San Lorenzo insisted that it hired
the Player as a free agent, following the termination of his contract with Barcelona.
71. In any case, San Lorenzo stated that it did not induce the Player to terminate the Contract
and requested that the claim be rejected.
72. San Lorenzo made the following requests for relief:
“VI.- PETITORIO.Por todo lo expuesto, solicitamos:
1. se nos tenga por presentados en tiempo y forma;
2. se rechace in limine la contrademanda impetrada por extemporánea;
3. subsidiariamente, se tenga por contestada la misma en legal tiempo y forma;
4. se tenga por acompañada la prueba documental y se adjunte al expediente;
5. se rechace en todos sus extremos la pretensión de BARCELONA por falsa,
improcedente y maliciosa, con expresa imposición de la totalidad de las costas y costos
procesales, con más el pago de los gastos incurridos por nuestra parte en el presente
proceso, que se estiman en CHF 10.000.-“
Freely translated into English:
“VI. – PETITUM –
In light of all the above, we request that:
We be deemed to have appeared in due time and form;
The counterclaim be rejected in limine for being time‑barred;
Alternatively, the same be deemed answered in due time and form;
The documentary evidence submitted be accepted and added to the case file;
Barcelona’s claim be rejected in its entirety as false, unfounded, and malicious, with
express imposition of all legal costs and expenses, together with payment of the
expenses incurred by our party in the present proceedings, estimated at CHF 10,000.”
e. Additional comments from the parties on the Interim Regulatory
Framework
73. In light of the Interim Regulatory Framework adopted by the Bureau of the FIFA Council for
the Regulations and the Procedural Rules, the FIFA General Secretariat invited the parties
to amend / supplement their position, should they wished to do so, exclusively in relation
to the possible consequences of the application of the Interim Regulatory Framework to
this case.

pg. 31

REF. FPSD-14979

74. In this regard, Barcelona argued that the retroactive application of this framework went
against the principle of non-retroactivity of laws and affected its pretensions. Therefore,
Barcelona argued that the claim should be decided based on the Regulations in force at
the moment of the facts in dispute.
75. The Player, on his turn, welcomed the applicability of the new framework and stated that,
pursuant to the new regulation, non-amortised transfer fees, agent commissions, and
similar costs as compensation could no longer be requested before the DRC. In addition,
the Player alleged that Barcelona had the burden of quantifying, substantiating and proving
the losses, which it did not do. The Player further reiterated his requests for relief.
76. Lastly, San Lorenzo argued that based on the Interim Regulatory Framework, the joint
liability of a new club would be determined only if it could be proven that a club induced a
player to terminate the relevant contract. Nevertheless, San Lorenzo remarked that
Barcelona failed to provide any such evidence and, therefore, it could not be ordered to
pay compensation or be sanctioned.

III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
77. First of all, the Dispute Resolution Chamber (hereinafter also referred to as the Chamber)
analysed whether it was competent to deal with the case at hand. In this respect, it took
note that the present matter was presented to FIFA on 18 June 2024 and submitted for
decision on 26 February 2026. Taking into account the wording of arts. 32 and 35 of the
January 2026 edition of the Procedural Rules, the aforementioned edition of the Procedural
Rules is applicable to the matter at hand.
78. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations (July 2025 edition), the Dispute Resolution Chamber is competent to deal with
the matter at stake, which concerns an employment-related dispute with an international
dimension between an Argentinian player and an Ecuadorian club, with the involvement of
an Argentinian club.
79. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand as
to the substance.

pg. 32

REF. FPSD-14979

b. Admissibility of the counterclaim against San Lorenzo
80. The Chamber then recalled that the admissibility of Barcelona’s counterclaim against San
Lorenzo must be examined by the Chamber ex officio, as informed to the parties by the
FIFA general secretariat. Additionally, the Chamber noted that the admissibility of such
counterclaim was also disputed by San Lorenzo.
81. The Chamber first noted that, in principle, Barcelona’s counterclaim against San Lorenzo
was filed after the expiry of the deadline granted to Barcelona to respond to the claim,
namely 27 July 2024, and, as such, would normally have been considered inadmissible from
a procedural standpoint.
82. However, the Chamber observed that the Player only signed an employment contract with
San Lorenzo on 1 August 2024, i.e. after the expiry of the aforementioned deadline.
Consequently, at the time when Barcelona’s reply was due, no valid and binding contractual
relationship existed between the Player and San Lorenzo that could have constituted a
legal basis for a counterclaim against the latter.
83. In addition, the Chamber emphasised that once Barcelona became aware that the Player
had effectively signed with San Lorenzo - at the latest upon the request of the ITC on 12
August 2024 - it reacted promptly by rejecting the ITC request and lodging a claim against
San Lorenzo shortly thereafter. The Chamber considered that Barcelona’s conduct
demonstrated diligence and procedural reactivity.
84. In view of the above circumstances, and for the sake of good procedural order, the
Chamber determined that, despite having been filed after the original deadline, Barcelona’s
counterclaim against San Lorenzo was admissible.
c. Burden of proof
85. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the TMS.
d. Merits of the dispute
86. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to

pg. 33

REF. FPSD-14979

the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
87. The Chamber then moved to the substance of the matter, noting that it concerned a claim
brought by a player against a club and a counterclaim of a club against a player and his
new club.
88. The Chamber noted that, according to the Player, he terminated the Contract with just
cause based on art. 14bis of the Regulations. Therefore, he argued that he is entitled to
outstanding remuneration and compensation.
89. The Chamber also recalled that, according to Barcelona, the Player did not have just cause
to terminate the Contract, as the debt was not related to salaries but to bonuses.
Furthermore, Barcelona asserted that the parties had a verbal agreement to settle the
debt. Hence, Barcelona requested that the Player and San Lorenzo be ordered to pay
compensation.
90. Lastly, the Chamber observed that San Lorenzo stated that it did not induce the Player to
terminate the Contract and only signed the San Lorenzo Contract when he was already a
free agent.
91. In this context, the Chamber acknowledged that its task was to determine whether the
Player terminated the Contract with just cause and the ensuing consequences.
A. Did the Player terminate the Contract with just cause?
92. The Chamber noted that the Player argued that he terminated the Contract based on art.
14bis of the Regulations, as Barcelona failed to pay him more than two monthly salaries. In
addition, the Player stated that, regardless of their denomination in the Contract – salary
or bonus –, the amounts established therein and in the Addendum were part of his
remuneration and fell under the scope of art. 14bis of the Regulations.
93. Barcelona, however, argued that the Player was entitled to a monthly salary and to several
bonuses that were not part of his remuneration. In this context, Barcelona remarked that
in the notice of default the Player did not request payment of any monthly salary but only
of bonuses.
94. Based on the above, the Chamber recalled that art. 14bis par. 1 and 2 of the Regulations
establishes:
“1. In the case of a club unlawfully failing to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his

pg. 34

REF. FPSD-14979

contract, provided that he has put the debtor club in default in writing and has granted
a deadline of at least 15 days for the debtor club to fully comply with its financial
obligation(s). Alternative provisions in contracts existing at the time of this provision
coming into force may be considered.
2. For any salaries of a player which are not due on a monthly basis, the pro-rata value
corresponding to two months shall be considered. Delayed payment of an amount
which is equal to at least two months shall also be deemed a just cause for the player
to terminate his contract, subject to him complying with the notice of termination as
per paragraph 1 above.”
95. At this point, the Chamber also recalled that, under the Contract and the Addendum, the
Player was entitled to the following amounts:
•

a signing bonus of USD 100,000 for each of the three seasons, to be paid in three
instalments;

•

a monthly salary of USD 545 that was amended by the Addendum to USD 560;

•

a “monthly registration bonus”, which, in the 2023 season corresponded to USD
19,455, in the 2024 season to USD 21,955, and in the 2025 season to USD 24,455,
which was then amended to USD 29,440 for the 2024 and the 2025 season;

•

housing allowances of USD 1,000, with a one-time lump sum of USD 10,000
established by the Addendum;

•

individual bonuses;

•

collective bonuses; and

•

a “special bonus” introduced with the Addendum of USD 300,000 as consideration
for the Player agreeing to eliminate the buy-out clause, to be paid in three
instalments.

96. Although, under the Contract, only the monthly salaries were in principle to be considered
part of the Player’s fixed monthly remuneration, and the remaining amounts were
conditional upon the validity of the Contract, the Chamber considered that the monthly
registration bonus also constituted a consistent component of the Player’s monthly
remuneration, irrespective of its designation or the contractual qualification attributed to
it.
97. Hence, the Chamber considered it unreasonable to interpret that the Player was being paid
USD 30,000 per month but his “salary” was formally limited to USD 560. In addition, the

pg. 35

REF. FPSD-14979

Chamber highlighted that Ecuadorian law should not be taken into account for the
interpretation of this issue, based on art. 3 of the Procedural Rules.
98. Conversely , the Chamber considered that the signing bonus and the special bonus, as well
as the individual and collective bonuses, were not part of the Player’s monthly salary, since
they possessed different and clearly defined legal natures, i.e., the signing bonus served as
a signing fee, the special bonus was introduced in exchange for eliminating the buy-out
clause and the individual and collective bonuses were conditioned on fulfillment of
different objectives. The majority of the Chamber found that the same reasoning applied
to the housing allowances, which did not form part of the Player’s monthly salary as they
were conditional upon the Contract remaining valid, in light of the expenses the Player
would otherwise incur in this respect.
99. Based on the above, the majority of the Chamber considered that, at the moment of the
termination, the Player’s monthly salary amounted to USD 30,000, which was the sum of
the monthly salary (USD 560) and the monthly registration bonus (USD 29,440).
100. That being said, the Chamber recalled that in the notice of default the Player requested
payment of USD 307,887.79 net, of which USD 17,500 net corresponded to the remaining
balance of the second instalment of the signing bonus for the 2023 season, USD 15,000 net
for the bonus for scoring 10 goals during the 2023 season, USD 25,000 net for the first
signing bonus for the 2024 season, USD 29,440 net for the monthly registration bonus for
April 2024, USD 8,065 net for flight tickets, USD 588 net for visa costs, USD 100,000 net for
the first instalment of the special bonus, USD 100,000 net for the second instalment of the
special bonus and USD 12,294.79 for interest.
101. In this regard, the Chamber observed that, while the debt the Player claimed in his notice
of default was clearly higher than the amount equivalent to two monthly salaries, it was
formed only by less than one monthly remuneration, i.e., the monthly registration bonus
for April 2024, of USD 29,440. The Chamber emphasised that all the other unpaid amounts
corresponded to different payments that did not form the Player’s monthly remuneration.
102. Hence, the Chamber underlined that based on this notice of default, the requirements of
art. 14bis of the Regulations would not be met, as this article refers to unpaid and
outstanding monthly salaries in a strict sense.
103. Nonetheless, the Chamber noted that in his claim the Player provided a new breakdown,
in which he acknowledged that several amounts included in the notice of default had
already been paid – or at least partially paid – at the time he put Barcelona in default (for
example, the monthly registration bonus for April 2024 appeared to have been paid on 15
May 2024, and the special bonus had been partially paid on 1 April and 28 May 2024) but
stated that several amounts that were not claimed in his notice of default were due,
including the monthly remuneration – monthly salary plus monthly registration bonuses –
for December 2023 and January and February 2024. In this regard, the Chamber stressed

pg. 36

REF. FPSD-14979

that had the Player put the Club in default for the salaries he mentioned in the claim, the
requirements of art. 14bis of the Regulations would have been met, as more than two
monthly salaries were due.
104. Notwithstanding this, based on the contradictions between the notice of default and the
claim, the Chamber considered that it was not possible for it to determine that the
requirements of art. 14bis of the Regulations were indeed met, as it appeared that
Barcelona was not put in default in writing with a request for the payment of at least two
monthly salaries.
105. However, the Chamber underscored that Barcelona did not dispute the debt the Player
claimed and during the exchange of the drafts and the correspondence clearly
acknowledged said debt, even mentioning on 12 June 2024 that the debt corresponded to
almost USD 370,000. In addition, the Chamber remarked that Barcelona did not dispute
the new breakdown made by the Player and did not provide evidence of having paid the
owed amounts. With this in mind, the Chamber concluded that Barcelona’s debt was
significant, as it was equivalent to more than 10 monthly salaries of the Player.
106. Furthermore, the Chamber emphasised that certain amounts had been outstanding for a
considerable period of time. In particular, the Chamber noted that one amount had been
due for almost one year at the time the Player put Barcelona in default, while other
amounts had been outstanding for nearly six months, thereby aggravating Barcelona’s
breach.
107. In addition, the Chamber noted that the Player intended to grant Barcelona the possibility
to reschedule some of the payments, but it was Barcelona that failed to respond to his
emails and, therefore, the parties did not reach an agreement. The Chamber pointed out
that the Player waited around two months from the First Draft to send the notice of default
and still Barcelona failed to pay him the requested amounts. Hence, the Chamber
considered that this demonstrated the lack of interest of Barcelona to solve the debt. The
Chamber also wished to remark that, although Barcelona argued that the parties reached
a verbal agreement, the evidence demonstrated that the parties were only negotiating said
agreement but did not come to a final settlement. In this context, the Chamber found that
the fact that Barcelona paid several amounts that were already due did not demonstrate
that Barcelona was complying with an agreement.
108. In light of the above, the Chamber recalled that art. 14 of the Regulations establishes:
“1. A contract may be terminated by either party without consequences of any kind
(either payment of compensation or imposition of sporting sanctions) where there is
just cause. In general, just cause shall exist in any circumstance in which a party can no
longer reasonably and in good faith be expected to continue a contractual relationship.
2. Any abusive conduct of a party aiming at forcing the counterparty to terminate or

pg. 37

REF. FPSD-14979

change the terms of the contract shall entitle the counterparty (a player or a club) to
terminate the contract with just cause.”
109. Additionally, the Chamber recalled the long-standing jurisprudence of the Football
Tribunal, according to which only a breach or misconduct which is of a certain severity
justifies the termination of a contract. In other words, only when there are objective criteria
which do not reasonably permit to expect the continuation of the employment relationship
between the parties, a contract may be terminated prematurely. Hence, if there are more
lenient measures which can be taken, such measures must be taken before terminating an
employment contract. A premature termination of an employment contract can only be an
ultima ratio measure.
110. In light of the above, the Chamber considered that the prejudice caused to the Player was
significant enough to justify the termination of the Contract as an ultima ratio measure.
Similarly, taking into account the particularities of the case, the Chamber interpreted that
the Player sufficiently demonstrated that, due to the financial arrangement between the
parties and the relevance of the bonuses vis-à-vis his monthly remuneration, he could no
longer be reasonably expected to maintain a contractual relationship.
111. Consequently, the Chamber determined that the Player had just cause to terminate the
Contract based on art. 14 of the Regulations.
B. Consequences
112. Having stated that the Player had just cause to terminate the Contract, the Chamber
decided that the Club’s counterclaim against him and San Lorenzo must be rejected in its
entirety.
113. Then, the Chamber proceeded to analyse the Player’s requests and noted that he
requested outstanding remuneration and compensation for breach of contract.
1) Outstanding remuneration
114. For ease of reference, the Chamber recalled that the Player made the following requests
for outstanding remuneration:
“USD 373,707.11 plus interests until the day of effective payment as follows:
a. USD 17,150 net plus interests as of 1 June 2023 (prima de contratación - 2nd
instalment season 2023)
b. USD 15,000 net plus interest as of 2 December 2023 (bonus for scoring 10 goals
season 2023)
c. USD 20,000 net plus interests as of 1 January 2024 (December 2023 salary)
d. USD 30,000 net plus interests as of 1 February 2024 (January 2024 salary)
e. USD 10,000 net plus interest as of 1 February 2024 (prima de renovación Jan. 2024)

pg. 38

REF. FPSD-14979

f. USD 25,000 net plus interests as of 17 February 2024 (prima de contratación - 1st
instalment season 2024 - 5 days after Noche Amarillo)
g. USD 26,400 net plus interests as of 29 May 2024 (remainder of 1st instalment of the
prima especial - discounting partial payments of USD 50,000 on 28 March 2024 and of
USD 23,600 on 28 May 2024)
h. USD 30,000 net plus interests as of 1 March 2024 (February 2024 salary)
i. USD 100,000 net plus interests as of 25 April 2024 (2nd instalment of the prima
especial)
j. USD 1,000 net plus interests as of 1 May 2024 (April contribution to housing)
k. USD 30,000 net plus interests as of 1 June 2024 (May 2024 salary)
l. USD 1,000 net plus interests as of 1 June 2024 (May contribution to housing)
m. USD 37,500 net plus interests as of 1 June 2024 (prima de contratación - 2nd
instalment season 2024)
n. USD 8,065 net plus interests as of 16 November 2023 (reimbursement of flight tickets)
o. USD 588 net plus interest as of 15 June 2024 (reimbursement of visa expenses)
p. USD 15,696.11 net plus interests as of 1 January 2024 (bonus for having qualified to
the group stage of the Copa Libertadores ed. 2024)
q. USD 6.308 net plus interests as of 1 July 2023 (Bonus for having qualified to the
second phase of the Copa Sudamericana 2023)
(…)
a. USD 3,681.37 as default interests over the late payment of the 2nd instalment of the
prima especial in the amount of USD 37,500 accruing as from 1st of June 2023 until the
19th of January 2024, date on which a partial payment of USD 20,350 was made, and
this at an interest of 16.2% p.a. or, subsidiarily, for the same concept, the amount of
USD 1,191.78 as default interests at a rate of 5% p.a.
b. USD 1,420.27 as default interests over the late payment of the 1st instalment of the
prima especial in the amount of USD 100,000 accruing as from 25th of February 2024
until the 28th of March 2024, date on which a partial payment of USD 50,000 was made,
and this at an interest of 16.2% p.a. or subsidiarily, for the same concept, the amount
of USD 438.36 as default interests at a rate of 5% p.a.
c. USD 1,930.68 as default interests over the late payment of the 1st instalment of the
prima especial in the amount of USD 100,000, and this over the delta of USD 50,000
following a first partial payment, with interests accruing as of the 28th of March 2024
until the 27th of May 2024, date on which a second partial payment was made, and this
at an interest rate of 16.2% p.a., or subsidiarily, for the same concept, the amount of
USD 595.89 as default interests at a rate of 5% p.a.
(…)
a. USD 100,000 net plus interests as of 15 June 2024 (corresponding to the 3rd
instalment of the prima especial)
b. USD 16,000 net plus interests as of 15 June 2024 (corresponding to the pro-rata salary
of the June 2024 salary)
c.USD 1,000 net plus interests as of 15 June 2024 (corresponding the contribution to
housing, rent being paid for upfront for each month)

pg. 39

REF. FPSD-14979

d. USD 15,000 net plus interests as of 15 June 2024 (bonus for rendimiento deportivo
for having scored 10 goals during the season 2024)”
115. Therefore, the Chamber proceeded to analyse each claim in turn.
1.1)

Unpaid monthly salaries / monthly registration bonuses

116. As established above, the Chamber noted that in the notice of default the Player only
claimed the monthly registration bonus for April 2024. However, in this claim, the Player
argued that Barcelona also failed to pay him the salaries for December 2023, January and
February 2024, and acknowledged a payment for the salaries for March and April 2024. In
addition, the Player stated that the amount for May 2024 was not paid, as well as the
prorated amount for June 2024.
117. In this context, the Chamber noted that Barcelona failed to provide any evidence of having
paid these amounts and only provided two proofs of payment totalling USD 73,600, which
the Player allocated to the first instalment of the special bonus – and Barcelona failed to
dispute. Additionally, the Chamber pointed out that Barcelona did not even dispute having
not paid these salaries, even when the Player provided the breakdown. In fact, the
Chamber remarked that Barcelona did not even raise the Player’s contradiction.
118. Based on the above, the Chamber determined that Barcelona failed to pay the amounts
for December 2023, January, February and May 2024. Regarding June 2024, since the
termination was made on 14 June 2024, and following the standard practice of the Football
Tribunal, the Chamber concluded that this month should be considered as part of
compensation.
119. Having established the above, the Chamber noted that in December 2023 the Player was
entitled to USD 20,000, of which USD 545 were to be paid on the 15th day of the following
month and USD 19,455 on the 20th day of the following month. Therefore, the Chamber
proposed to award these amounts plus interest as from the day following each due date,
i.e., 16 January 2024 and 21 January 2024.
120. In 2024, with the Addendum, the parties established that the Player was entitled to USD
30,000, of which USD 560 were to be paid on the 15th day of the following month and USD
29,440 on the 20th day of the following month. Hence, the Chamber decided to award
these amounts for January and February 2024 with interest as from the days following each
respective due date, and for May 2024 with interest as from the date following the
termination, as the amounts were not yet due at that time.
121. Lastly, the Chamber highlighted that it would address the applicable interest rate - over
these amounts and all amounts to be awarded to the Player as outstanding remuneration
- under a separate item.

pg. 40

REF. FPSD-14979

1.2)

Signing bonus

122. The Player then argued that Barcelona failed to pay him the remaining balance of the
second instalment of the signing bonus 2023 and the first and second instalment of the
signing bonus 2024. The Chamber noted that Barcelona did not provide any evidence of
having paid these amounts.
123. At this point, the Chamber observed that the Player was entitled to USD 37,500 for the
second instalment of the 2023 season, which was due on 31 May 2023. In this regard, he
argued that Barcelona only paid him USD 20,350 and, therefore, owed him USD 17,150.
Based on the above, the Chamber decided to award the Player USD 17,150, with interest
as from the day following the due date, i.e. 1 June 2023, and award interest over the USD
20,350 as from the due date until the date it was paid, as requested by the Player.
124. Regarding the first instalment of the 2024 season, the Chamber noted that the Player was
entitled to USD 25,000 five days after the “Noche Amarilla”. In this context, the Player
proved that the “Noche Amarilla” occurred on 11 February 2024. Hence, the Chamber
considered that the Player was entitled to this amount no later than 16 February 2024 and,
therefore, it decided to award this amount plus interest as from 17 February 2024. Lastly,
the Chamber determined that the Player was entitled to USD 37,500 for the second
instalment of the 2024 season, which was due on 31 May 2024, and it decided to award it
with interest as from 1 June 2024.
1.3)

Renewal bonus

125. The Chamber noted that, under the Addendum, the Player was entitled to a USD 10,000
renewal bonus, paid in January 2024. Since there was no evidence of this payment, the
Chamber decided to award it with interest as from 1 February 2024.
1.4)

Special bonus

126. Regarding the special bonus, the Chamber noted that the Player claimed the remaining
balance of the first instalment, in addition to the second and the third instalment. The
Chamber observed that the Player, based on the Addendum, was entitled to USD 300,000
in three instalments of USD 100,000 payable on 24 February, 24 April and 24 June 2024.
127. In connection with the first instalment, the Chamber recalled that although in the notice of
default the Player requested the entire amount, in the claim he allocated the payment of
USD 73,600 made by Barcelona to this instalment. Barcelona did not dispute that these
payments were for this instalment and, therefore, the Chamber considered that the Player
was entitled to the remaining balance, i.e., USD 26,400, with interest as from 25 February
2024, as well as to interest over the late payments.

pg. 41

REF. FPSD-14979

128. Moreover, the Chamber decided to award the Player USD 100,000 with interest as from 25
April 2024, as Barcelona did not pay this amount. Regarding the third instalment, and since
it would fall due on 24 June 2024, the Chamber decided to consider it as part of the
compensation.
1.5)

Housing

129. The Player claimed housing for April, May, and June 2024. In this context, the Chamber
highlighted that the Contract did not provide any due date for those payments, and
Barcelona did not provide any proof of having paid the amounts. Thus, based on the
Player’s request, the Chamber decided to award the amounts for April and May 2024, with
interest as from the first day of the following month. Since, following the same reasoning,
the housing for June 2024 was to be paid by the end of June 2024, the majority of the
Chamber considered that it was not yet due at the time of the termination and should
therefore be considered part of the compensation.
1.6)

Flight tickets and visa expenses

130. Although the specific amounts claimed by the Player for these items were not contractually
determined – given that the Contract merely stipulated the Player’s entitlement to flight
tickets and the obligation of the Club to provide the necessary visa – and despite the fact
that the Player did not submit evidence demonstrating that he had actually incurred these
expenses, the Chamber noted that, in its response to the claim, Barcelona did not contest
the existence of this debt.
131. Moreover, while in the letter dated 15 June 2024 Barcelona appeared to question the
request for these amounts, in the letter dated 12 June 2024 in reply to the notice of default
in which the Player requested this, it argued that the parties had a verbal agreement which
included the payment of the flight tickets and visa expenses. In this context, in the
Chamber’s view, Barcelona’s conduct was not only contradictory but also expressly
acknowledged the Player’s entitlement to these amounts.
132. Based on the above, and in the impossibility of establishing a possible due date, the
Chamber decided to award the amounts plus interest as from the date of termination.
1.7)

Individual bonuses

133. The Chamber recalled that, based on the Contract, the Player was entitled to USD 15,000 if
he scored 10 goals in official competitions throughout the season, payable within 15
business days after the season ended. In this respect, the Player argued that he was
entitled to this bonus for the 2023 and the 2024 seasons and provided evidence
demonstrating that he scored more than 10 goals in both seasons.

pg. 42

REF. FPSD-14979

134. Barcelona did not challenge this nor provide evidence of having paid these amounts.
Therefore, the Chamber decided to award the Player USD 15,000 as from 16 January 2024
(15 days following the end of the year, since there was no evidence of the end of the season)
and USD 15,000 as from the date of the termination (since the amount became payable
with the termination).
1.8)

Collective bonuses

135. Regarding the collective bonuses, the Chamber recalled that the Contract established that
these amounts would be paid to the Player in accordance with the standard amounts
agreed with the professional squad for each season. In this context, the Player argued that
he was entitled to USD 15,696.11 for qualifying for the group stage of the Copa CONMEBOL
Libertadores 2024 and USD 6,038 for qualifying for the second stage of the Copa
CONMEBOL Sudamericana 2023. The Player provided evidence that Barcelona participated
in these cups and two unsigned documents allegedly demonstrating the amount of his
entitlements.
136. Nevertheless, the Chamber considered that this evidence was not sufficiently convincing,
particularly given that the Player never claimed this amount in his notice of default.
Therefore, the Chamber decided to reject this part of the claim, as it was not clear on the
Player’s entitlement to these specific amounts, which he bore the burden of proving in
accordance with art. 13 par. 5 of the Procedural Rules.
1.9)

Interest and net amounts

137. Lastly, the Chamber recalled that the Player requested interest over all the
abovementioned amounts, as well as over the late and partial payments regarding the
signing bonus and the special bonus. In this context, the Chamber observed that the Player
requested interest of 16.2% p.a., arguing that this was the rate set by the Central Bank of
Ecuador. At this point, the Chamber pointed out that the Contract established (freely
translated into English):
“1. THE CLUB must pay, in due time, the remuneration and the bonuses agreed with the
PLAYER in accordance with what is established in this contract and as stipulated in
Articles 17, 18, and 19 of the Professional Footballer’s Law. In case of contradiction
between them, the terms of this contract shall prevail. Without prejudice to the
provisions of FIFA regulations, delays in payment exceeding 30 days shall give rise to
default interest at the rate set by the Central Bank of Ecuador, without the need for any
notification in this regard.”
138. The Chamber noted that the Player provided regulations of the applicable interest rate, as
well as an overview of the alleged interest rate and the different rates from the Central
Bank of Ecuador during the relevant months.

pg. 43

REF. FPSD-14979

139. In this context, the Chamber first noted that the Contract did not establish the specific rate
that would be used in case of non-payment and, therefore, it was not possible to determine
which of all the rates provided by the Player applied. Moreover, the Chamber considered
that it could not interpret, as the Player did, that the rate indicated by the resolution he
provided was applicable to this case, when the Contract did not specify it. More
importantly, the Chamber underscored that the Player did not explain how he arrived at
the rate of 16.2% p.a.
140. Based on the above, the Chamber decided to award 5% default interest p.a. on each
abovementioned amount, as from the abovementioned due dates until the date of
effective payment, as well as 5% interest p.a. on the late partial payments that were not
disputed by Barcelona, i.e., on USD 20,350 as from 1 June 2023 until 19 January 2024, on
USD 50,000 as from 25 February 2024 until 28 March 2024 and on USD 23,600 as from 25
February 2024 until 27 May 2024, based on the proofs of payment and the
acknowledgement made by the Player.
141. Furthermore, the Chamber clarified that based on the wording of both the Contract and
the Addendum, all the amounts were awarded as net amounts.
2) Compensation
142. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by Barcelona in the case at stake. In doing so, the Chamber firstly
recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount of
compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
143. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the Contract.
144. As a consequence, the Chamber determined that the amount of compensation payable by
Barcelona to the Player had to be assessed in application of the other parameters set out
in art. 17, par. 1 of the Regulations. In this respect, the Chamber recalled that, as a general
rule, the compensation to be paid to a player by a club shall be equal to the residual value
of the contract that was prematurely terminated, unless this player signed a new contract
following the termination of his previous contract (cf., art. 17 par. 1 lit. i) of the Regulations).
145. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the Contract

pg. 44

REF. FPSD-14979

from the date of its unilateral termination until its end date. Considering that the Contract
was terminated on 14 June 2024 and would have been valid until 31 December 2025, the
Chamber determined that the Player was entitled to all the amounts that were guaranteed
from June 2024 to 31 December 2025, including fixed bonuses. While the Contract stated
that almost all the amounts were subject to the Player being under the Contract, the
Chamber considered that it was not reasonable to consider that the residual value
consisted solely of the “monthly remuneration”, i.e. USD 560 per month. Nevertheless, the
majority of the Chamber considered that this reasoning did not apply to housing, due to
the fact that, based on the wording of the Contract, its nature was to assist the Player with
the costs he would incur as a consequence of the Contract.
146. Based on the above, the majority of the Chamber determined that the Player would have
been entitled to 19 salaries of USD 30,000 (including monthly salary and monthly
registration bonus), in addition to USD 137,500 as signing bonus (considering that this
amount was fixed and was a consequence of the signature of the Contract, but divided in
instalments), USD 100,000 as the third instalment of the special bonus (which was a
consequence of deleting the buy-out clause, which had already occurred) and USD 1,000
of the housing allowance for June 2024 (which the majority of the Chamber considered
exceptionally formed part of the residual value, as it had already accrued and its payment
was pending).
147. Consequently, the Chamber concluded that the amount of USD 808,500 served as the basis
for the determination of the amount of compensation for breach of contract, broken down
as follows:
•
•
•
•

USD 30,000 times 19 (USD 570,000);
USD 137,500 as the signing bonus;
USD 100,000 as the third instalment of the special bonus;
USD 1,000 as housing for June 2024.

148. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the general obligation to mitigate
his damages.
149. The Chamber then noted that the Player signed the San Lorenzo Contract on 1 August 2024
and terminated it on 4 December 2024. Since in the San Lorenzo Termination Agreement,
San Lorenzo acknowledged a debt and undertook to pay the Player USD 900,000 between
6 December 2024 and 10 July 2025, i.e., during the overlapping period, the Chamber
considered that the Player mitigated his damages with San Lorenzo for that amount. This
conclusion followed from the fact that, although it was not possible to determine whether

pg. 45

REF. FPSD-14979

he received any salary under the San Lorenzo Contract, it was clear that he held a credit of
USD 900,000 during this period.
150. Moreover, the Chamber recalled that the Player concluded the Ind. Medellin Contract, valid
as from 10 January 2025 to 31 December 2026. Based on this contract, the Player was
entitled to a monthly salary of COP 141,300,000 or USD 35,000. Hence, the Chamber
considered that in 2025, the Player was entitled to receive USD 408,709.67 (USD 385,000
from February to December and USD 23,709.67 as prorated amount for January 2025).
151. Therefore, the Player was entitled to receive USD 1,308,709.67 during the overlapping
period, completely mitigating his damages.
152. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the contract
termination took place due to said reason i.e., overdue payables by Barcelona and
therefore decided that the Player shall receive additional compensation.
153. In this respect, the DRC decided to award the Player three monthly salaries as additional
compensation, which, by majority, amounted to USD 90,000 net, i.e., three times the
monthly remuneration of the Player (USD 30,000 net).
154. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that Barcelona must pay the amount of USD
90,000 net to the Player, which was to be considered a reasonable and justified amount of
compensation for breach of contract in the present matter.
155. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Football Tribunal in this regard, the Chamber decided to award the Player interest on said
compensation at the rate of 5% p.a. as of 15 June 2024 until the date of effective payment.
ii. Compliance with monetary decisions
156. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
157. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall

pg. 46

REF. FPSD-14979

maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
158. Therefore, bearing in mind the above, the DRC decided that Barcelona must pay the full
amount due (including all applicable interest) to the Player within 45 days of notification of
the decision, failing which, at the request of the Player, a ban from registering any new
players, either nationally or internationally, for the maximum duration of three entire and
consecutive registration periods shall become immediately effective on Barcelona in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
159. Barcelona shall make full payment (including all applicable interest) to the bank account
provided by the Claimant in the Bank Account Registration Form, which is attached to the
present decision.
160. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
e. Costs
161. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
162. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
163. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.

pg. 47

REF. FPSD-14979

IV. Decision of the Dispute Resolution Chamber
1.

The claim of the Claimant / First Counter-Respondent, Francisco David Fydriszewski, is
partially accepted.

2.

The Respondent / Counterclaimant, Barcelona S.C., must pay to the Claimant / First
Counter-Respondent the following amounts:
- 5% interest p.a. over the amount of USD 20,350 net as from 1 June 2023 until 19 January
2024;
- 5% interest p.a. over the amount of USD 50,000 net as from 25 February 2024 until 28
March 2024;
- 5% interest p.a. over the amount of USD 23,600 net as from 25 February 2024 until 27
May 2024;
- USD 366,703 net as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 17,150 net as from 1 June 2023 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 15,545 net as from 16 January 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 19,455 net as from 21 January 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 10,000 net as from 1 February 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 560 net as from 16 February 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 25,000 net as from 17 February 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 29,440 net as from 21 February 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 26,400 net as from 25 February 2024 until the
date of effective payment;

pg. 48

REF. FPSD-14979

- 5% interest p.a. over the amount of USD 560 net as from 16 March 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 29,440 net as from 21 March 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 100,000 net as from 25 April 2024 until the
date of effective payment;
- 5% interest p.a. over the amount of USD 1,000 net as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 38,500 net as from 1 June 2024 until the date
of effective payment;
- 5% interest p.a. over the amount of USD 53,653 net as from 15 June 2024 until the date
of effective payment;
- USD 90,000 net as compensation for breach of contract plus 5% interest p.a. as from
15 June 2024 until the date of effective payment.
3.

Any further claims of the Claimant / First Counter-Respondent are rejected.

4.

The counterclaim of the Respondent / Counterclaimant is admissible and rejected.

5.

Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.

6.

Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent / Counterclaimant shall be banned from registering any new players,
either nationally or internationally, up until the due amount is paid. The maximum
duration of the ban shall be of up to three entire and consecutive registration periods
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.

7.

The consequences shall only be enforced at the request of the Claimant / First
Counter-Respondent in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations
on the Status and Transfer of Players.

pg. 49

REF. FPSD-14979

8.

This decision is rendered without costs.

For the Football Tribunal:

Emilio García Silvero
Chief Legal & Compliance Officer

pg. 50

REF. FPSD-14979

NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777

pg. 51