Labour Disputes
Texto da decisão
REF. FPSD-15997
Decision of the
Dispute Resolution Chamber
passed on 4 September 2025
regarding an employment-related dispute concerning the player Juan José
Berrío González
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Dana MOHAMED AL-NOAIMI (Qatar), Member
Stijn BOEYKENS (Belgium), Member
CLAIMANT:
Juan José Berrío González, Colombia
Represented by Pablo Sebastián Rodríguez
RESPONDENT:
Verdes Football Club, Belize
pg. 2
REF. FPSD-15997
I. Facts of the case
1.
The parties to this dispute are:
• The Colombian player Juan José Berrío González (hereinafter: the Player or the
Claimant);
• The Belizean club Verdes Football Club (hereinafter: the Club or the Respondent).
2.
According to the Player, on 8 February 2024, he paid COP 4,760,000 to Ms. Jhudit Fernanda
Arellano Sierra (hereinafter: Ms. Arellano Sierra), who, according to the Player, is the
daughter of Mr. Gaspar Arellano (hereinafter: Mr. Arellano). The Player further asserted that
Mr. Arellano was an intermediary with whom he started negotiations in order to conclude
a contract with the Club.
3.
According to the Player, on 16 February 2024, he entered into a Sports Contract with the
Club (hereinafter: the Alleged Contract). The copy of the Alleged Contract initially submitted
by the Player was exclusively signed by the Club and the Club’s coach at the time. The
Alleged Contract did not contain the signature of the Player nor of the “sports agents”
therein named.
4.
The duration of the Alleged Contract was for the 2024 season with a mutually agreed
renewal option, according to its Clause 1.
5.
Clause 3 of the Alleged Contract provided:
“3. OBLIGATIONS OF THE CLUB: (...) Likewise, as compensation you will receive the equivalent
of $110 USD (ONE HUNDRED AND TENAMERICAN DOLLARS), which will become effective
once the first official day of the 2024 opening And the player arrived to belize (…)”
6.
The Alleged Contract included 4 passports attached:
• Passport of the coach;
• Passport of the Player;
• Passport of Luis Carlos Rozo Bermudez (hereinafter: Mr. Rozo);
• Passport of Mr. Milton Javier Quiñones Becerra (hereinafter: Mr. Becerra).
7.
Between 27 and 29 February of an unspecified year, Mr. Arellano sent several messages to
someone named Dr. Rozo, who the Player failed to identify. The messages read, inter alia,
as follows:
“Dr. La plata no solo el contrato (…)
Ellos esperan mas que eso la plata sino toca buscar otro jugador que si tenga el recurso yo
tengo un lateral mexicano porfa avísame para poder hacer el cambio y devolverle la plata al
señor del arquero (…)
Mi Dr. Me volvieron a preguntar del tema de Belice
Para saber que hacemos mi Dr. (….)”
pg. 3
REF. FPSD-15997
The above can be freely translated into English as follows:
“Dr. It’s about the money not just the Contract (…)
They are expecting the money, if not we will have to find another player who does have the
resources. I have a Mexican full-back please let me know so we can make the change and return
the money to the gentleman of the goalkeeper (…)
(…) My Dr. I was asked again about the Belize issue.
What should we do, my Dr. (...)”
8.
According to the Player, on 18 March 2024, he paid COP 4,662,000 to Ms. Arellano Sierra.
9.
On 12 July 2024, a round-trip flight ticket was issued for the Player under the name of a
woman named Sandra Berrio for the route Bogota-Belize-Bogota with layovers in Cancun
(Mexico) and Guatemala City (Guatemala), departing to Belize on 17 July 2024 and returning
on 18 December 2024.
10. On 31 July of an unspecified year, a conversation between Mr. Arellano and the Coach
allegedly took place, where both were scheduling a phone call.
11. On 21 August 2024, the Claimant sent an email to the Club, stating, inter alia:
“In June 2024, I delivered the sum of 5,000 dollars to the head coach, Mr. Orellana Hernández Ángel
Eugenio, through his representatives, Mr. Rozzo Bermúdez LuisCarlos and Mr. Quiñones Becerra
Milton Javier, for the purpose of signing a contract with your club.
After signing the contract, the coach informed me that I should not travel because the roster was full.
I requested the return of the money, but the coach refused outright. Given this situation, we will also
request disciplinary sanctions for Mr. Orellana and file the relevant claims with FIFA. Therefore, I
demand:
1.A full refund of the 5,000 dollars initially paid.
2.The sum corresponding to the full agreed contract.
3.Reimbursement of the airfare expenses I incurred.
4.Compensation of 5,000 dollars for the loss of professional opportunities.
5.Full payment of the contract in question.
You are hereby notified to pay the total amount mentioned within 15 calendar days from receipt of
this notice. In case of non-compliance, I will consider myself dismissed due to your sole fault,
reserving the right to proceed with the relevant legal actions.”
12. According to the Player, on an unspecified date, he held conversations through WhatsApp
with Mr. Gaspar Arellano:
“Unknown person: ah me respondio
Gaspar Arellano: Si Sr. Digame
Unknown person: vamos con toda
pg. 4
REF. FPSD-15997
A su hija una demanda por concierto para deliquir”
The above freely translates to English as follows:
“Unknown person: oh, you answered me
Gaspar Arellano: Yes, sir, tell me.
Unknown person: we’ll go after you.
A lawsuit against your daughter for conspiracy to commit crime.”
II. Proceedings before FIFA
13. On 11 September 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
14. According to the Player, during the course of the alleged negotiations that started in June
2024, the Coach (Mr Orellana) and Mr. Arellano (an unknown person who was allegedly
involved in the negotiations) requested him to pay a sum of money to secure his spot in
the Club’s roster. The Claimant provided the following breakdown of the said amount:
- The first payment on 8 February 2024 amounting to COP 4,760.000 equal to USD 1,138.09
according to the Player;
- The Second payment on 18 March 2024 amounting to COP 4,662.000 equal to USD
1,116.63 according to the Player;
- A third payment in cash to Mr. Arellano amounting to USD 2,500. No date was provided
in reference to this payment.
15. The Player further provided evidence of plane tickets to travel from Colombia to Belize on
17 July 2024 and returning on 18 December 2024 amounting to COP 5,123,565.72.
16. The Claimant provided a link to an audio of a conversion he allegedly had with the Coach,
where the latter, inter alia, stated:
“A mí me comentaron sobre ese jugador. Y yo hablé con el jugador. Pero ese documento que
mandan ahí, nada que ver. y esa firma discúlpeme es cierto es la del jefe pero jamás el jefe
ha accedido a eso este señor ha usurpado esa firma y por eso se puede ir hasta demandado
a ver y sobre el que tengo ese señor me lo pidió pero aquí me ha dejado esperando. (…)”
“(…) como le digo ese documento de juan berrío creo que es portero todavía me quedé
esperando yo porque supuestamente lo iban a mandar estos señores luis cardoso rosa no sé
pg. 5
REF. FPSD-15997
ni quién es el otro si me llamó y me hizo que yo hablara con el jugador a lo cual yo me quedé
esperando, pero él no quiso que yo hablara con el jugador.”
“ (…) en verdad en eso que usted me está mandando no tengo nada que ver solo me quedé
esperando y si hay algo que esa persona estafaron entonces que sea directamente con ellos
verdad eso es lo único este señor Gaspar Arellano el torneo pasado fue que recomendó a un
jugador colombiano llamado apellido Balanta quizás de ahí fue el que ha copiado todo eso
el sinvergüenza pero ahí si hay algo que tiene que tomar usted en cuenta es con ellos conmigo
no tengo nada que ver yo en eso, que me involucre él, lo desconozco porque, verdad (…)”
“(…)sí, pero ahí en ese sentido no tengo nada que ver él lo único que me dijo que quería tener
mi identidad porque yo hablé con el jugador es más, yo me quedé esperando al jugador,
cuando le solicité que yo pasara con el jugador porque lo habían solicitado del equipo que
supuestamente él me lo iba a mandar ya no apareció y él me dijo que no, que no tenía el
acceso que él estaba hablando con el jugador y con el papá, bueno, yo ya no me metí pero
que está hablando de mí yo creo que la persona que estafaron, debe de ser la ley fuerte con
ellos porque yo desconozco a ese señor Rosso a Gaspar sí, porque él, la temporada pasada
me recomendó un jugador aquí, lo trajo me lo mandó lo recibí y él tiene ese documento desde
esa ocasión porque yo tenía que recibir a este muchacho balanza que fue el torneo pasado
que jugó y hoy solo me dijo que si había porque yo dije si hay oportunidad hable con el
jugador pero después ni él me dio acceso a que yo hablara con el jugador porque yo quería
saber si era verdad que venía ok así que no yo no tengo nada que ver en eso (…)”
“(…) Si la persona estafada lo ha buscado a usted para que siga ese proceso, sígalo. Pero yo
no tengo nada, absolutamente nada que ver ahí. Solo sí tuve conocimiento que iba a mandar
al jugador y yo hablé con el jugador. Lamentablemente no pude ni hablar ni con el papá, que
supuestamente él me dijo que el papá lo iba a mandar. (…)”
“(…) ese contrato, o sea, esos nombres que él saca de esas personas, ¿verdad? Como Mr.
Frazer, Young Halo, esos datos iban en el contrato que él recibió para el jugador Balanta que
él recomendó, Arles Balanta. Entonces, él lo que ha hecho fue nada más agregarle, porque
los contratos de verdes tampoco ponen el logo de la Liga Premier de Belice, ese logo azul que
hay. Entonces, ellos han sido unos grandes sinvergüenza y si les va a caer el peso que sea a
ellos, porque yo no tengo nada que ver ni los jefes tienen nada que ver, ese contrato nunca
existió, ellos lo elaboraron de esos datos que yo les estoy comentando (…)”
The above can be translated into English as follows:
“They told me about that player. And I spoke to the player. But that document they sent, it's
nothing to do with it. And that signature, excuse me, it's true it's the boss's, but the boss has
never agreed to that.
This man has usurped that signature and that's why he could even be a defendant. I'll see
about the one I have. The man asked me for it, but he's left me waiting here. (...)"
pg. 6
REF. FPSD-15997
“(…) as I'm telling you, that document from Juan Berrío, I think he's a goalkeeper, I was still
waiting because these gentlemen, Luis Cardoso Rosa, I don't even know who the other one is,
were supposed to send it to me. He called me and made me talk to the player, and I was left
waiting, but he didn't want me to talk to the player.”
" (…) in truth, I have nothing to do with what you are sending me, I just waited and if there is
something that this person scammed then it will be directly with them, right? That's the only
thing this Mr. Gaspar Arellano last tournament was that he recommended a Colombian
player named Balanta, maybe that's where the scoundrel copied all that from, but there is
something you have to take into account, it has nothing to do with me, I have nothing to do
with that, I don't know why he got involved because, honestly (...)"
"(…) yes, but in that sense I have nothing to do with it. The only thing he told me was that he
wanted to have my identity because I spoke to the player. What's more, I was left waiting for
the player when I asked him to pass me to the player because he had been asked to do so by
the team. He said he would send him to me but he never showed up and he told me that he
didn't have access. He was talking to the player and the father. Well, I didn't get involved
anymore but he's talking about me. I think the person they scammed must have strong legal
action taken against them. that he didn't have access that he was talking to the player and
the father, well, I didn't get involved anymore but he's talking about me I think the person
they scammed must be strong with the law because I don't know that Mr. Rosso, Gaspar yes,
because he recommended a player here to me last season, he brought him, he sent him to
me, I received him and he has that document from that occasion because I had to receive this
guy, scales, who played last tournament and today he just told me if there was because I said
if there is an opportunity, talk to the player but then he didn't even give me access to talk to
the player because I wanted to know if it was true that he was coming, okay, so no, I have
nothing to do with that (...)"
“(…) If the defrauded person has sought you out to follow that process, follow it. But I have
nothing, absolutely nothing to do with it. I only knew that he was going to send the player and
I spoke to the player. Unfortunately, I couldn't even speak to the father, who supposedly told
me that the father was going to send him. (…)”
"(…) that contract, that is, those names that he gets from those people, right? Like Mr. Frazer,
Young Halo, that data was in the contract he received for the player Balanta that he
recommended, Arles Balanta. So, all he did was add it, because the green contracts don't
have the Belize Premier League logo either, that blue logo. So, they've been a bunch of crooks
and if the blame falls on them, because I have nothing to do with it and the bosses have
nothing to do with it, that contract never existed, they made it up from that information I'm
giving you (...)"
17. The Claimant asserted that the Club engaged in prohibited conduct against FIFA
regulations, as the practice of demanding money in exchange of playing opportunities is
pg. 7
REF. FPSD-15997
unacceptable and it must be sanctioned. Moreover, the Claimant emphasized that the
Club’s conduct is against the integrity of sport.
18. The Claimant argued that the Coach ignored multiple emails from the Player’s father to
resolve this matter amicably.
19. The Claimant claimed that due to this breach of contract he and his family suffered
psychological damages.
20. The Claimant added that he lost playing opportunities in Colombia and Ecuador where,
according to the Player, he had an offer for a monthly salary of USD 3,000 and an
apartment.
21. The Claimant provided the following breakdown of the amount in dispute (quoted
verbatim):
“TOTAL RECLAMADO:
La suma total reclamada, sin incluir los pasajes de avión, asciende a:
• 4.754,72 USD (dinero pagado al club)
• 1.500 USD (ruptura contractual)
• 10.000 USD (daños por pérdida de chances)
• 5.000 USD (daños psicológicos)
• 1.225,40 USD (Pasajes de avión)
Total: 22.480,12 USD.”
Which can be translated into English as follows:
TOTAL CLAIMED: The total amount claimed, not including the plane tickets, is:
• 4,754.72 USD (money paid to the club)
• 1,500 USD (breach of contract)
• 10,000 USD (damages for loss of opportunity)
• 5,000 USD (psychological damages) • 1,225.40 USD (airline tickets)
Total: 22,480.12 USD
22. Consequently, the Claimant requested (quoted verbatim):
“En virtud de lo expuesto, solicito a la Cámara de Resolución de Disputas de la FIFA que:
1. Ordene el reembolso total de las sumas pagadas por el jugador y su familia al club Verdes
Football Club, que ascienden a 4.754,72 USD.
pg. 8
REF. FPSD-15997
2. Indemnice al jugador por la ruptura contractual, con una suma adicional de 1.500 USD,
correspondiente a la compensación por el incumplimiento del contrato.
3. Indemnice al jugador por los daños y perjuicios derivados de la pérdida de oportunidades
profesionales, con una suma de 10.000 USD, debido a que el jugador perdió su oportunidad en
Ecuador y no pudo participar en torneos importantes en Colombia.
4. Indemnice al jugador por el daño psicológico sufrido, con una suma de 5.000 USD, derivada
del estado de profunda depresión en la que se encuentra el jugador debido a la estafa y
desinterés del club.
5. Ordene el reembolso de los pasajes de avión que el jugador compró para viajar a Belice y
regresar a Colombia. El valor exacto de estos pasajes es de 5.123.565,72 COP, equivalentes a
$1.225,40 USD.
6. Sancione al Verdes Football Club y a sus representantes, Gaspar Vidal Arellano y Ángel
Eugenio Orellana Hernández, por solicitar dinero al jugador para asegurar su participación en
el equipo, en violación de las regulaciones de la FIFA.
The above can be translated to English as follows:
"In view of the above, I request the FIFA Dispute Resolution Chamber to:
1. Order the full reimbursement of the sums paid by the player and his family to Verdes Football
Club, amounting to 4,754.72 USD.
2. To compensate the player for breach of contract, with an additional sum of 1,500 USD,
corresponding to compensation for breach of contract.
3. To compensate the player for damages arising from the loss of professional opportunities,
with a sum of 10,000 USD, due to the fact that the player lost his opportunity in Ecuador and
was unable to participate in important tournaments in Colombia.
4. Compensate the player for the psychological damage suffered, with a sum of 5,000 USD,
derived from the state of deep depression in which the player finds himself due to the club's
scam and lack of interest.
5. Order the reimbursement of the plane tickets that the player bought to travel to Belize and
return to Colombia. The exact value of these tickets is 5,123,565.72 COP, equivalent to $1,225.40
USD.
6. Sanction Verdes Football Club and its representatives, Gaspar Vidal Arellano and Ángel
Eugenio Orellana Hernández, for soliciting money from the player to secure his participation in
the team, in violation of FIFA regulations.
pg. 9
REF. FPSD-15997
23. On 7 October 2024, the FIFA general secretariat requested the Player to provide inter alia:
- a legible copy of the alleged contract at the basis of your petition duly signed by all
parties concerned.
24. On 10 October 2024, the Claimant provided a copy of the Alleged Contract signed by the
Player and stated that the reason why the previous copy was unsigned by the Player was
because it was the copy that the Player kept.
b. Reply of the Respondent
25. On 5 November 2024, the Club submitted its response to the claim and categorically
rejected the Claimant’s allegations.
26. In this regard, the Club described that the signature in the Alleged Contract is an
unauthorized and illicit use of the president’s electronic signature. Moreover, the Club
explained that it only uses wet ink signatures for the contracts of the players, while
electronic signatures are used only to issue offers.
27. Also, the Club stated that the Coach had no authorization to engage into contract
negotiations on behalf of the Club or to sign players. In this sense, the Club remarked that
only its president has the authority to sign binding agreements.
28. The Club mentioned that the Coach served as head coach of the Club until his settlement
agreement on 5 September 2024.
29. Regarding the argument of the Claimant that he paid USD 5,000 to securing his contract
with the Club, the Respondent stated that it had no recollection of issuing any offer to the
Player. Moreover, it emphasized that issuing an offer letter is a common practice of the
Club when signing foreign players.
30. In this sense, the Club remarked that the Alleged Contract presented by the Player is
fraudulent. To this point, the Club provided evidence of a template of their offer letter and
compared it to the Contract submitted with his claim, stating that the signature of the
Club’s president was misused and forged.
31. The Respondent asserted that it was ready to collaborate with the FIFA Football Tribunal to
investigate this matter and expose those who exploited the Claimant and misrepresented
the Club.
32. The Respondent requested FIFA to issue a letter clearing the Club of any wrongdoing in this
matter.
pg. 10
REF. FPSD-15997
33. The Respondent invited FIFA to review its contracts available on the Transfer Matching
System (TMS) in order to clearly distinct the contracts uploaded therein and the one that
the Claimant presented, which the Respondent emphasized is fraudulent.
34. Lastly, the Club held that it reserved its rights to claim damages.
c. Information received from the FFB
35. On 25 November 2024, upon a request by the FIFA general secretariat, the Football
Federation of Belize informed FIFA that there is no record of the Player being registered in
the federation.
36. In this sense, the Football Federation of Belize stated that (quoted verbatim):
“Kindly note attached email from our FIFA Connect admin. There is absolutely no record of
named player to have ever been registered with the Football Federation of Belize nor was he
granted an ITC to be registered to FFB. Consequently there is also no contract between the said
player and Verdes FC as there is no record in our database of the player.”
d. Rejoinder of the Claimant
37. On 28 November 2024, the Claimant submitted his rejoinder. The Claimant referred to the
alleged audio of the Coach and stated, inter alia, that:
- The Coach acknowledged having held conversations with the Player, which according to
the Claimant proves that the Club was interested in the Player.
- The Claimant highlighted that the Coach acknowledged that he expected the arrival of the
Player. Therefore, the Claimant asserted that this would only have been possible if a plan
was in place for his arrival following the negotiations.
- According to the Claimant, the fact the Coach knew Mr. Arellano sufficiently proves that
the Club uses intermediaries to sign players and that the coach was involved.
- Regarding the authenticity of the signature of the president of the Club, the Claimant
argued that the Coach admitted that the signature in the Contract correspond to the
president of the Club. In this sense, the Claimant held that even though the Coach
suggested that the signature was forged, this admission proves that the Contract was valid
and not fraudulent as claimed by the Club.
- As a conclusion to this point, the Claimant emphasized that based on the alleged audio
interview, the Coach acknowledged that: (i) he and “official intermediaries of the Club” were
involved in the signing of the Player; (ii) formal conversations between the Player and the
pg. 11
REF. FPSD-15997
Coach took place; (iii) the Coach acknowledged the authenticity of the signature of the
Club’s president; (iv) the expectation of the Player’s arrival by the Coach proved that an
agreement was in place.
38. Therefore, the Claimant argued that the Club acted in bad faith by blaming others to
exonerate its responsibility.
39. Regarding the argument made by the Club that the Coach had no authority to engage in
any negotiations or signing players, the Claimant argued that the Contract has the
signatures of both the Coach and the Club’s president which, according to the Claimant,
proved that they jointly approved the terms and conditions of the Alleged Contract.
40. Regarding that the Club denied that it requested any payment to the Player, the Claimant
asserted that those payments were made to Ms. Arellano Sierra, following instructions of
Mr. Arellano who, according to the Claimant, acted on behalf of the Club.
41. In this sense, the Claimant described as highly unlikely that any payment could have been
made without any direct communication with official representatives of the Club.
42. Regarding the argument of the Club that the Contract is fraudulent, the Claimant argued
that the Alleged Contract has the same logos and signatures than the templates provided
by the Club. Consequently, the Claimant asserted that if the Club disputes the authenticity
of the Contract, it also questions the authenticity of its own documents.
43. Regarding the argument that the Club has no recollection of issuing any offer to the Player,
the Claimant argued that there are conversations with representatives of the Club that
proves the negotiations.
44. Consequently, the Claimant held that (quoted verbatim):
“El Verdes Football Club ha demostrado una conducta contraria a los principios de buena fe y
transparencia que deben regir en el fútbol profesional. Su intento de negar evidencias claras y
deslindar responsabilidades refleja una falta de ética y respeto hacia el jugador y hacia las
normas establecidas por la FIFA.”
The above can be translated to English as follows:
Verdes Football Club has demonstrated a behaviour contrary to the principles of good faith and
transparency that should govern professional football. Their attempt to deny clear evidence and
to delimit responsibilities reflects a lack of ethics and respect towards the player and towards
the rules established by FIFA.
45. Therefore, the Claimant requested FIFA (quoted verbatim):
pg. 12
REF. FPSD-15997
“Solicitamos al Tribunal que:
• Reconozca la validez del contrato firmado entre el jugador y el club.
• Desestime las alegaciones infundadas del club, basadas en contradicciones y falta de pruebas
• Sancione al Verdes Football Club por su conducta inapropiada y violación de las regulaciones
de la FIFA.
• Ordene la compensación justa al jugador, quien ha sido perjudicado tanto económicamente
como en su carrera profesional y bienestar psicológico.
• SE RESUELVA A FAVOR DEL JUGADOR DE FUTBOL Y SE RECONOZCAN LAS COMPENSACIONES Y
SANCIONES EN LA DEMANDA PRINCIPAL
Es imperativo que se envíe un mensaje claro de que este tipo de conductas no serán toleradas
y que se protegerán los derechos e integridad de los jugadores.”
The above can be translated into English as follows:
"We ask the Court to:
• Recognize the validity of the contract signed between the player and the club.
• Dismiss the club's unfounded allegations, based on contradictions and lack of evidence
• Sanction Verdes Football Club for its inappropriate conduct and violation of FIFA regulations.
• Order fair compensation for the player, who has been harmed both economically and in
terms of his professional career and psychological well-being.
• DECIDE IN FAVOR OF THE FOOTBALL PLAYER AND RECOGNIZE THE COMPENSATION AND
SANCTIONS IN THE MAIN CLAIM
It is imperative that a clear message is sent that this type of behaviour will not be tolerated
and that the rights and integrity of the players will be protected."
e. Duplica of the Respondent
46. On 19 December 2024, the Respondent submitted its final comments on this matter. The
Respondent reiterated that the Coach had no authority to act on behalf of the Club in
regard to the signing of players, which is reserved to the Club’s president. Moreover, the
Respondent remarked that the duties of the Coach as head coach of the Club were clearly
defined and limited in his contract.
47. The Respondent remarked that never in the history of the Club it has asked for any amount
to secure a contract.
48. Regarding the alleged payments made to Mr. Arellano and Ms. Arellano Sierra, the Club
denied having any contractual or employment relationship with any of them and stated
that it has not even met them.
49. The Respondent denied that it concluded any agreement with the Player.
50. In this sense, the Respondent reiterated that it did not issue an offer to the Player.
pg. 13
REF. FPSD-15997
51. The Respondent stated that it contacted the Coach, and, according to the Respondent, he
refused the allegations made by the Claimant.
52. Lastly, the Respondent reiterated the arguments made on its initial response to the claim.
f. Additional information received from the parties
53. On 21 March 2025, the FIFA general secretariat requested the Claimant to send the original
copy of the Alleged Contract by post.
54. On 29 March 2025, the Claimant uploaded another version of the Alleged Contract into the
case file, which besides the signature of the Claimant, as well as the alleged signatures of
the Club’s president and Coach, included the signature of Mr. Milton Quiñones Becerra and
a notarial note confirming the authenticity of the signatures of both the Claimant and Mr.
Milton Quiñones Becerra.
pg. 14
REF. FPSD-15997
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
55. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) 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 11 September 2024 and submitted for
decision on 4 September 2025. Taking into account the wording of arts. 31 and 34 of the
January 2025 edition of the Procedural Rules Governing the Football Tribunal (hereinafter:
the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to
the matter at hand.
56. 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 on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), the DRC is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Colombian player
and a Belizean club.
57. 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.
b. Burden of proof
58. 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 TMS.
c. Merits of the dispute
59. 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
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
pg. 15
REF. FPSD-15997
60. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the conclusion of the Alleged Contract. While the Player claims
to have negotiated and concluded a valid and binding contract with the Club, the latter
categorically denies having ever offered the Player a contract, let alone having signed one
with him. In view of the foregoing, the Chamber acknowledged that its main task was to
determine whether the parties had indeed concluded a valid and binding employment
contract.
61. The Chamber referred to art. 13 par. 4 of the Procedural Rules and established that the
Player bore the burden of proving the existence of a valid and binding contract concluded
with the Club, upon which he bases his claim. The Chamber was also keen to underline that
when a party objects to the authenticity of a document, they must not simply deny it, but
offer sufficient reasons to cast serious doubt on its authenticity.
62. Bearing in mind the aforementioned, the Chamber took note of the arguments and the
documentation provided by the parties.
63. The Chamber first noted that the Alleged Contract contained, in principle, the essential
elements (essentialia negotii) of an employment contract, i.e. the parties to the contract and
their function, the duration of the employment relationship, the remuneration to be paid
by the employer to the employee and the signature of the parties. The Club, however,
challenged the authenticity of its signature on it, arguing that it was probably taken from
another contract offered to a different player denying categorically any participation in the
offer and alleged conclusion of an employment contract with the Player.
64. Bearing in mind the contested Club’s signature, the Chamber started by analysing the
contracts on file, provided by the Player. The Chamber noted that the Player initially
provided two copies of the Alleged Contract: (i) the first copy shows the alleged signatures
by someone named Lorin Frazer and the Coach on behalf of the Club, this copy does not
have the signatures of the Player nor the sports agents; (ii) the second copy contained the
alleged signatures of Lorin Frazer, the Coach and the Player but is missing the signatures
of the sports agents.
65. The Chamber recalled that upon request of the FIFA general secretariat to provide the
original copy, the Player submitted a third copy of the Alleged Contract which besides the
signature of the Player, as well as the alleged signatures of Mr. Lorin Frazer and the Coach,
included the signature of Mr. Milton Quiñones Becerra and a notarial note confirming the
authenticity of the signatures of both the Player and Mr. Milton Quiñones Becerra.
66. Secondly, the Chamber noted that the Club strongly stated that the signature of the club’s
president was forged and misused. In this regard, the Club also argued that they do not
use electronic signatures in their contracts. Moreover, the Chamber was observant that the
Club provided evidence of their templates for employment contracts as well as their offer’s
pg. 16
REF. FPSD-15997
templates. The Club also provided the employment contract of the Coach and argued that
it did not give any agency powers for him to sign players.
67. After thoroughly analysing the aforementioned documentation, the Chamber observed
that the templates provided by the Club were indeed different than the Alleged Contract
presented by the Player. Moreover, the templates provided by the Club were similar to
those available in TMS, related to other players of the Club.
68. In this line, the Chamber stressed that no evidence was provided that the Club ever
contacted the Player directly; in fact, the only evidence on file in this regard is an email of
the player to the official email addresses of the Club as registered in TMS, dated 21 August
2024, i.e. approximately 6 months after the first payment to Ms. Arellano Sierra (on 8
February 2024) and the alleged signature of the contract (on 16 February 2024); no
evidence of any previous direct contact between the Club and the Player was provided.
69. While the Player argued and provided screenshots of WhatsApp conversations allegedly
held between Mr. Arellano and Mr. Rozo, in which Mr. Arellano instructs him to pay an
amount to Ms. Arellano Sierra to secure his place in the roster, the Club sustained that it
had no relationship with these persons. Indeed, not only these WhatsApp messages are
unverified and the identity of the communicating parties uncertain, but there is also no
evidence of a representation agreement, authorising Mr. Arellano, Mr. Rozo or Ms. Arellano
Sierra to negotiate with the Player on behalf of the Club.
70. Taking into account the documented circumstances surrounding the conclusion of the
Alleged Contract, the Chamber understood that the player did not act with the minimal
diligence expected from a party when negotiating and concluding an employment contact.
In particular, the Player did not verify the identity of the parties he was negotiating with or
whether they were indeed authorised by the Club to offer and conclude employment
contracts on its behalf; without questioning, he engaged in the suspicious practice of
payments intended to secure a place in the roster and transferred amounts to unidentified
and non-authorised persons; in spite of these suspicious requests, he failed to contact the
Club directly to clarify the situation; he provided no evidence that the Club was ever
involved or aware of the negotiations; the only evidence provided consists of unverified
WhatsApp messages with individuals not connected to the Club and his first and only
contact with the Club occurred only 6 months after the payments and the alleged
conclusion of the contract. Furthermore, the transcript of the alleged phone call with the
Coach, provided by the Player as evidence, rather confirms the thesis that the Player was
indeed never in negotiations with the Club and that the documentation exchanged in this
respect – clearly different than the one provided as evidence by the Club and the one
contained in TMS – was not forwarded to him by the Club or anyone authorised to do so.
71. Lastly, the Chamber recalled that according to the information provided by the FFB, there
was no information of the Player being registered with the Club.
pg. 17
REF. FPSD-15997
72. Taking into account all the above, and in line with art. 13 par. 5 of the Procedural Rules, the
Chamber concluded that the Club was able to provide sufficient official documentation to
cast serious doubt about the Club’s involvement in these negotiations at all. Furthermore,
the Player did not discharge his burden of proving that the parties concluded a valid and
binding contract.
73. Consequently, the Chamber decided to reject the Claimant’s claim.
d. Costs
74. 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.
75. 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.
76. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 18
REF. FPSD-15997
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Juan José Berrío González, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 19
REF. FPSD-15997
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. 20