Labour Disputes
Texto da decisão
REF. FPSD-17855
Decision of the
Dispute Resolution Chamber
passed on 16 October 2025
regarding an employment-related dispute concerning the player
Ibrahim Hesar
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Calum BEATTIE (Scotland), Member
Johan VAN GAALEN (South Africa), Member
CLAIMANT / COUNTER-RESPONDENT:
Ibrahim Hesar, Argentina
Represented by Alejandro Pascual Madrid
RESPONDENT / COUNTERCLAIMANT:
Zakho Football Club, Iraq
Represented by Islam Hisham
pg. 2
REF. FPSD-17855
I. Facts of the case
1.
On 20 September 2024, the Argentinian player Ibrahim Mesar (hereinafter: the Claimant /
Counter-Respondent or the Player) and the Iraqi club Zakho Football Club (hereinafter: the
Respondent / Counterclaimant or the Club) concluded an employment contract (hereinafter:
the Contract) valid as from its date of signature until 5 July 2025.
2.
In accordance with the Contract, the Club undertook to pay the Player USD 180,000,
including a down payment of USD 55,000 and 10 monthly salaries of USD 12,500.
3.
In addition, the Contract read as follows:
“[…] The two parties agreed to pay a fee of 3% of the general value of the contract to be paid
upon ratification of the contract to the IFA and it shall be divided equally between the two parties
to the contract or as agreed upon by the two parties. […]”
4.
Further, the Contract stipulated the following (quoted verbatim):
“[…] Cancellation of paragraph 6 of a football player’s contract: 6_Other entitlements:
professional player
The Club shall provide the Player for each season with housing, a car and ___ return flights return
tickets in business/economy class for the route (IRAQ - ___ - IRAQ) with a total value of ___ per
each season. As agreed by the parties […]”
5.
Lastly, the Contract read as follows:
“[…] The Player’s income refers to net amounts in the State of IRAQ. Any taxes, social costs,
contributions or any other amounts the Player may need to pay in the country of his residence
or any other country are to be borne by the Player and the Club insofar shall not be obliged to
pay any additional amounts to the player as those agreed upon in this Contract. […]”
6.
On 23 September 2024, the Player, his wife, and his daughter obtained visas for Iraq, valid
until 22 December 2024, with the Club as their guarantor.
7.
On an unspecified date, the Club asked the Iraqi Football Association (hereinafter: the IFA)
to coordinate the administrative procedures for obtaining one-year multiple entry visas to
Iraq for the Player and his family.
8.
On 25 September 2024, the Club sent the following correspondence to the IFA:
“[…] With reference to the contract signed on 20 September 2024 (a copy of which is attached
hereto) between our club, Zakho Sports Club, and the Argentine player Mr. Ibrahim Hesar, born
pg. 3
REF. FPSD-17855
on 15 November 1993 and holder of passport number (AAJ187323), we would like to inform you
of the following:
In adherence to all the instructions and regulations issued by the Iraqi Football Association and
in an effort to complete the certification process of the said contract in accordance with the
applicable legal and administrative procedures, our club has transferred the amount of IQD
7,092,000 (equivalent to USD 5,400 only) to the official bank account of the Iraqi Football
Association. This amount represents 3% (three percent) of the total contract value, which is IQD
236,000,000 (equivalent to USD 180,000 only).
We also confirm that the full amount was paid by the club in Iraqi Dinar, based on the mutual
agreement stated in Article 2, Clause 4 of the contract, which stipulates that the contract
certification fees shall be equally borne by both parties (the club and the player), with the player’s
share to be deducted from his contractual entitlements accordingly.
We kindly request that the necessary steps be taken to certify the contract as soon as possible,
in line with the applicable regulations. We thank you for your continuous cooperation and
outstanding efforts in the service of Iraqi football. […]”
9.
On 17 November 2024, the Player was apparently injured and corresponded with the Club
via WhatsApp as follows:
“[…] I’ve been here for 2 months and they are not complying with what was agreed in the
contract. I am fulfilling my duties as a player, beyond the injury, I did not miss any training or
session with the doctor. You know that the rehabilitation here is not adequate, so I am doing the
rehabilitation with my medical team from Argentina to recover 100% as soon as possible. I want
to play and give everything for the club. My family and I made a huge effort to be here.”
10. On 2 December 2024, the Player corresponded with the Club via WhatsApp as follows:
“[…] When will they give me the money? Since I arrived, they haven’t given me anything! I want
what we agreed to in the contract!”
11. On 3 December 2024, the Player corresponded with the Club via WhatsApp as follows:
“[…] I am exhausted from having to repeatedly request payment. It’s clear that I am not wanted
here. Please proceed with paying the $36,100 advance and the salaries for October and
November so that we can terminate the contract. If I do not receive any updates, my lawyers are
ready to send the formal notice tomorrow at noon to FIFA, claiming the full amount stipulated
in the contract. which is significantly higher. You leave me no other choice.”
12. On 4 December 2024, the Player put the Club in default and requested payment within 15
days of USD 80,000, corresponding to the down payment of USD 55,000 and the monthly
salaries for October and November 2024.
pg. 4
REF. FPSD-17855
13. On 10 December 2024, the Player signed a financial clearance (hereinafter: the Financial
Clearance), which read as follows:
“I, the undersigned, have received an amount of ($ 57.000) fifty deven [sic] thousand dollars for
the termination of my contract with Zakho Club. This document is considered a financial
clearance between me and Zakho Sports Club, and I Also Received the Agents Money I Signed It
Below. […]”
14. On the same day, i.e., 10 December 2024, the Club, the Player and his agent signed a receipt
of payment of USD 10,000, which read as follows:
“Date: 10/12/2024
Received from: Zakho Sports Club
Received by: Ibrahim Raad Hamad
Amount: $10,000 (Ten Thousand US Dollars)
Reason for Payment: Agent commission for player Ibrahim Hesar, deducted from the advance
payment of his contract for the 2024-2025 season, as per the agreement.
Payment Method: Deduction from the player’s contract advance payment […]”
15. On 14 December 2024, the Player informed the Club via WhatsApp that he wanted to take
his family to Argentina.
16. On 15 December 2024, the Player informed the Club via WhatsApp that he needed to get
a magnetic resonance imaging on his knee and obtain a visa for himself and his family in
order to travel.
17. On 22 December 2024, the Player and the Club signed a financial quittance (hereinafter:
the Financial Quittance), which read as follows:
“[…] I am the position below (IBRAHIM MESAR) my nationality ARGENTINA […] ON (15/11/2024) I
admitted there are no any dues financial for me from Zakho sport club and I received all my
receivables and financial value and I have not the right to claim the club in any financial or other
or other claims in any way to date and the player is free can move to any clubintheworld [sic] …
[…]”
18. On the same day, i.e., 22 December 2024, the Player and the Club signed the following
declaration (hereinafter: the Declaration), which read as follows:
“We confirm to you that Mr. (IBRAHIM MESAR) is a player in Zakho Club, and his contract with
Zakho Club has been terminated by mutual consent between the two parties and he has received
pg. 5
REF. FPSD-17855
all his financial dues, and we ask you to cooperate and help him at the airport and facilitate his
affairs and the player’s family will accompany him to his Listed below…
T
1
2
3
NAME
IBRAHIM MESAR
MARIA AMELIA FRIZZO
ALONDRA HESAR FRIZZO
Attribute
Player
Player’s marriage
Son of the player
[…]”
19. On the same day, i.e., 22 December 2024, the Player corresponded with his agent via
WhatsApp, stating that he was forced by the Club to sign the Financial Clearence and the
Financial Quittance, which represents an amount lower than previously agreed, but that
he had no other choice in order to obtain a visa and leave the country with his family, which
ultimately turned out to be unsuccessful because the documents provided by the Club
were not valid.
20. On 30 December 2024, the Player underwent a magnetic resonance imaging, which
confirmed an injury to his knee.
21. On the same day, i.e., 30 December 2024, the Player sent the following correspondence to
the Club:
“[…] I refer to the document titled “FINANCIAL CLEARANCE” dated 10 December 2024 as well as
to the one titled “Quittance & Clearance Financial” dated 22 December 2024, both of them signed
on 22 December 2024.
As you perfectly know, both documents were signed by the Player under coercion as the Club
forced the Player to sign the said documents if he wanted to be provided with the relevant visa
in order to be able to leave Irak.
The Player, who was together with his wife and 2-year daughter, had no option but to sign such
documents since the Club was preventing him to leave the country besides not having paid him
any salaries from the signature of the Employment Contract.
Thus, the said documents related to the termination of the Employment Contract are null and
void and have no validity whatsoever between the Parties.
It goes without saying that such attitude is clearly contrary to the FIFA Regulations and Swiss
law.
Additionally, you only paid the Player the amount of USD 57,000 while the debt amounted to
USD 80,000 net plus the 22 days of December 2024 where the Player provided his services to the
Club (i.e. USD 9,166 net), so you even paid him less than the work actually accomplished by the
Player in your Club, which is also illegal.
pg. 6
REF. FPSD-17855
This is besides that you wanted to terminate the Employment Contract because the Player was
injured, and you were no longer interested in his services.
In light of the above, we grant the Club a final deadline of 5 (five) days to try to reach a friendly
and valid agreement in order to avoid a legal procedure in FIFA. However, if we don’t receive any
news within the said deadline or you reject any potential solution, we will initiate the pertinent
claim in FIFA without further notice.
Looking forward to hearing from you soon. […]”
22. On 5 January 2025, the Club sent the following correspondence to the Iraqi Football
Association:
“[…] We would like to inform you that Zakho Sports Club mutually terminated the employment
contract with the Argentine player Mr. Ibrahim Hesar, based on the mutual agreement between
both parties and at the express request of the player himself, due to family reasons and his
wife's desire to return to Argentina.
On 22 December 2024, the player attended the club’s headquarters and voluntarily signed the
contract termination agreement of his own free will and without any pressure or coercion of any
kind. (Please find attached a copy of the signed termination agreement).
Prior to that, on 10 December 2024, the player received all of his outstanding financial
entitlements from the club and signed a receipt confirming the same of his own free will, without
any objections or reservations. (Receipt signed by the player is attached).
In a gesture of goodwill and mutual respect, the Club also booked travel tickets for the player
and his family and issued a formal letter to facilitate their departure procedures at the airport.
(Copy of the letter is attached).
However, we were surprised on 30 December 2024 — more than a week after the player had left
the club and the country — to receive a letter from a person named Mr. Alejandro Pascual, who
claims to represent the player and includes in his correspondence false allegations, stating that
the player was coerced into signing the termination agreement and calling for the agreement to
be nullified, in a manner that is contrary to the facts and to the law.
Since the Club does not possess the official email address of the player to verify the authenticity
of these claims, and in light of the player’s absence from the country, we hereby address this
letter to your esteemed Federation and kindly request that you take the necessary steps and
communicate with both FIFA and the Argentine Football Association concerning this matter.
We would also like to emphasize that Zakho Sports Club treated the player with full respect
throughout his stay in Iraq, met all of his and his family's needs without any shortcomings, and
that all procedures were conducted transparently and in full compliance with applicable laws
pg. 7
REF. FPSD-17855
and regulations. The claims included in the above-mentioned letter are completely false and
baseless, and appear to be aimed solely at creating an unjustified legal dispute.
We send this letter to safeguard the Club’s legal rights and confirm the soundness of our legal
position, and we trust your esteemed Federation will take the appropriate action in this regard.
[…]”
II. Proceedings before FIFA
23. On 20 January 2025, the Player filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Claim of the Player
24. In his claim, the Player argued that the Financial Clearance and the Financial Quittance
should be considered null and void as they were signed under coercion and the abusive
conduct of the Club for the termination of the Contract.
25. In particular, the Player argued that the Club never complied with its financial obligations
under the Contract and that, in this context, he was forced to sign the Financial Clearance
and the Financial Quittance in order to be able to leave Iraq. The Player also stated that the
Club never provided him with a working visa for Iraq, but only a tourist visa, which
prevented him from leaving the country.
26. In addition, the Player argued that he cannot validly waive outstanding remuneration as
part of the Financial Clearance and the Financial Quittance as work already performed
must be remunerated. In this regard, the Player stated that the Club’s payment of USD
57,000 fails substantially shorty than his outstanding remuneration of USD 92,500.
27. Furthermore, the Player argued the Financial Clearance and the Financial Quittance did
invalidly limit his compensation to his detriment as he was entitled under the Contract to
USD 87,500.
28. The Player’s requests for relief were the following:
“a. To admit this claim against the Club.
b. To consider the Termination Agreement non-existent and, in any case, as null and void and
to condemn the Club to pay the Player the following amounts:
• USD 35,500 (thirty-five thousand five hundred US Dollars) net as outstanding salaries until 30
December 2024, plus interests on a 5% annual rate starting from 22 December 2024 until its
effective payment.
pg. 8
REF. FPSD-17855
•USD 87,500 (eighty-seven thousand five hundred US Dollars) net as compensation for breach
of contract calculated from 1 January 2025 until 30 July 2025, plus interests on a 5% annual rate
starting from 1 January 2025 until its effective payment.
•USD 16,450 (sixteen thousand four hundred and fifty Us Dollars) net as per the flight ticket cost.
i. As a first alternative, if the month of December 2024 is considered just in the 22 days effectively
worked by the Player:
•USD 32,166 (thirty-two thousand one hundred and sixty-six US Dollars) net as per the
outstanding salaries until 22 December 2024, plus interests on a 5% annual rate starting from
8 June 2023 until its effective payment.
•USD 90,834 (ninety thousand eight hundred and thirty-four US Dollars) net as per the
compensation for breach of contract calculated from 22 December 2024 until 30 July 2025, plus
interests on a 5% annual rate starting from 22 December2024 until its effective payment.
•USD 16,450 (sixteen thousand four hundred and fifty US Dollars) net as per the flight ticket cost.
ii. As a second alternative, if we consider the total amount due to the Player without classifying
the amounts in outstanding salaries and compensation:
•USD 123,000 (one hundred and twenty-three thousand US Dollars) net as per the compensation
for breach of contract, plus interests on a 5% annual rate starting from 22 December2024 until
its effective payment.
•USD 16,450 (sixteen thousand four hundred and fifty US Dollars) net as per the flight ticket cost.
c. To impose the Club an automatic ban on registering players, either national or international,
if any amounts granted by the FIFA Decision are not fully paid within a 45-day deadline.
d. To condemn the Club for paying all expenses and costs of the present proceedings, if any.”
b. Reply of the Club and counterclaim
29. In its reply, the Club argued that the Contract was terminated amicably, and the Player was
not coerced in this regard. In fact, the Club stated that the Player wanted to return to his
home country and requested the termination of their employment relationship.
30. Considering the foregoing, the Club argued that the Financial Clearance and the Financial
Quittance are valid and legally binding on the Claimant. In this regard, the Club stated that
the Contract was terminated amicably on 22 December 2024, i.e., 12 days after the
payment of the amount of USD 57,000, as acknowledged in the Financial Clearance dated
pg. 9
REF. FPSD-17855
10 December 2024. Accordingly, it is the position of the Club that the Player is not entitled
to any outstanding amount or compensation.
31. In continuation, the Club argued that, after the mutual termination of the Contract, the
Player unjustly attempted to enrich himself, which constitutes bad faith and abusive
conduct.
32. Having stated the above, the Club lodged a counterclaim against the Player and its requests
for relief were the following:
“1) To deem the Claim of the Claimant “the Player” as inadmissible in all cases;
2) In counter-claim to accept the club's claim that the Player terminated the contract without
just cause under article 14 para 2 of FIFA-RSTP.
3) To order the Player to pay a compensation for residual value of the contract, under article 17
of FIFA-RSTP which equal an amount of USD 100,000-/”
c. Player’s reply to the counterclaim
33. In his reply to the counterclaim, the Player argued that the Financial Clearance and the
Financial Quittance were both signed on 22 December 2024, i.e., the same day he received
the payment of USD 57,000 from the Club. In this regard, the Player also reiterated that he
was subject to duress and coercion from the Club.
34. Considering the foregoing, the Player submitted the following requests for relief:
“1. To reject the Club’s Counterclaim in full, including:
1.1. Determine that the Player ś claim is admissible;
1.2. Determine that the Player did not terminate the Employment Contract without just cause,
but with just cause or, anyways, that the Club terminated the Employment Contract without just
cause.
1.3. Reject the payment of any compensation to be paid by the Player to the Club.
2. To accept the Requests for Relief stated in the Player ́s Statement of Claim.”
d. Additional comments from the Club
35. In its final comments, the Club argued that the total value of the Contract is in fact USD
160,000, but that upon request of the Player, it was increased to USD 180,000 in order to
include the commission of his agents. Therefore, it is the position of the Club that the
pg. 10
REF. FPSD-17855
amount of USD 20,000 must be deducted from the Player’s remuneration under the
Contract.
36. In this context, the Club stated that during the employment relationship with the Player, it
paid USD 17,000 on his behalf, as detailed below:
•
USD 8,900 for the Player’s flight tickets;
•
USD 2,700 for the Player’s contribution to the Iraqi Football Federation; and
•
USD 5,400 for taxes.
37. In continuation, the Club stated that the Player was entitled to USD 80,000 as remuneration
under the Contract, as detailed below:
•
USD 55,000 as the down payment;
•
USD 12,500 as the monthly salary for October 2024; and
•
USD 12,500 as the monthly salary for November 2024.
38. In view of the above considerations, the Club stated that it acted in good faith and only
deducted USD 8,900 for the Player’s flight tickets from his remuneration and therefore
remitted him USD 71,100 on 10 December 2024. At this point, the Club argued that, as per
the wording of the Financial Clearance, the Player received his agent’s commission, that he
remitted the said amount of USD 10,000 to his agent, which left him with a remaining
amount of USD 61,100.
39. In addition, the Club noted that it deducted USD 4,100 from the Player’s remaining amount
of USD 61,100 as contribution for the Contract’s ratification by the Iraqi Football
Association. Therefore, the Club noted that the Player ultimately received a payment of
USD 57,000, as stipulated in the Financial Clearance.
40. The Club also reiterated that the Player was not coerced, threaten or under pressure in any
way to sign the Financial Clearance and the Financial Quittance, noting a gap of 12 days
between the signature of said documents, which gave the Player a sufficient period of time
of reflection.
41. Lastly, the Club argued that, pursuant to the wording of the Contract, it was under no
obligation to provide the Player with flight tickets, housing and a car, but that it
nevertheless provided him and his family a suitable accommodation.
pg. 11
REF. FPSD-17855
e. Additional comments from the Player
42. In his final comments, the Player reiterated his initial position, in particular that the
Financial Clearance and the Financial Quittance should be considered null and void as they
were signed under coercion. In addition, the Player argued that the Club has not met its
burden of proof regarding its allegations in its second round of submissions.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
43. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the 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 20 January 2025 and submitted for decision
on 16 October 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.
44. 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), it is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between an Argentinian player and an Iraqi
club.
45. 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
46. 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 Transfer Matching System (TMS).
pg. 12
REF. FPSD-17855
c. Merits of the dispute
47. 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
48. The Chamber then moved to the substance of the matter, and took note of the fact that,
according to the Player, the Financial Clearance and the Financial Quittance should be
considered null and void as they were signed under coercion and the abusive conduct of
the Club for the termination of the Contract.
49. In addition, the Chamber took note that, on one hand, the Club argued that the Contract
was terminated amicably on 22 December 2024, and that the Player was not coerced in
signing the Financial Clearance and the Financial Quittance. On the other hand, the
Chamber acknowledged that the Club argued that the Player unilaterally terminated the
Contract without just cause.
50. In this context, the Chamber acknowledged that its task was to determine if the Player and
the Club validly concluded the Financial Clearance and the Financial Quittance, and to
decide on the consequences arising thereof.
51. The Chamber first pointed out that the Player did not dispute signing the Financial
Clearance and the Financial Quittance, or having received the corresponding payment of
USD 57,000, but argued to have been pressured into signing those documents. In this
regard, the Chamber stated that any claim of coercion needs to be proven, and the signed
Financial Clearance and Financial Quittance are binding upon the parties unless there is
convincing evidence to the contrary.
52. With the above principle in mind and considering the lack of evidence filed by the Player to
support his allegation of coercion, the Chamber determined that he did not meet his
burden of proof in line with art. 13 par. 5 of the Procedural Rules, hence his argumentation
in this regard should be set aside. In this respect, the Chamber referred to its
jurisprudence, according to which a party signing a document of legal significance,
generally, does so on its own responsibility and is so liable to bear the legal consequences
of it.
53. In accordance with the foregoing considerations, the Chamber concluded that it was not
possible to establish that the Financial Clearance and the Financial Quittance were
concluded under coercion and, therefore, the Contract was terminated mutually between
pg. 13
REF. FPSD-17855
the parties. In fact, the Chamber took into consideration that the evidence submitted by
the Player merely proved that he had outstanding remuneration and that his WhatsApp
conversation with his agent dated 22 December 2024 did not fulfil his burden of proof
regarding his argumentation of coercion, in accordance with art. 13 par. 5 of the Procedural
Rules. The Chamber also pointed out that, based on the evidence on file, the Club did in
fact provide the Player and his family visas for Iraq.
54. In view of its finding that the employment relationship between the parties was terminated
mutually, the Chamber concluded that neither the Player nor the Club can be considered
to have breached the Contract. Accordingly, the Chamber determined that neither party is
entitled to compensation.
55. Notwithstanding the above, the Chamber wished to recall that the mere signing of a
contract is not sufficient to ensure the enforceability of its contents. In particular, the wellestablished jurisprudence of the Football Tribunal and the Court of Arbitration for Sports
(CAS) on waivers provides that (i) in general terms, an employee (e.g., a player or a coach)
cannot waive remuneration for work already performed; and (ii) in order to assess whether
a transaction is permissible, the court / deciding-making body is required to conduct a
balancing of interests by considering whether the reciprocal claims waived by each party
are of comparable value. Put differently, whether there is an appropriate equivalence
between the parties’ reciprocal concessions.
56. In accordance with the foregoing, the Chamber held that, in principle, the Player’s salaries
from 20 September 2024 to 22 December 2024 cannot be waived as part of the Financial
Clearance and the Financial Quittance. In this case, the Chamber was not convinced that
there was an appropriate equivalence between the parties’ reciprocal concessions and,
therefore, the Player could not waive remuneration for work already performed.
57. With respect to the Player’s remuneration under the Contract, the Chamber pointed out
that the Club undertook to pay him USD 180,000, including a down payment of USD 55,000
and 10 monthly salaries of USD 12,500. In this regard, the Chamber held that the down
payment should have been paid on 20 September 2024, i.e., on the date the Contract was
signed, and that the Player was entitled to 10 monthly salaries, from October 2024 to July
2025.
58. For the sake of completeness of the foregoing, the Chamber was not convinced by the
Club’s assertion that the total value of the Contract was in fact USD 160,000, but that upon
request of the Player, it was increased to USD 180,000 to include his agents’ commission.
In fact, the Chamber found that the Club did not discharge its burden of proof in this
regard, as the evidence provided, in particular a WhatsApp conversation in which the Player
was not involved, did not contractually demonstrate that the amount of USD 20,000 was to
be deducted from the Player’s remuneration under the Contract.
pg. 14
REF. FPSD-17855
59. In continuation, the Chamber recalled the following wording of the Contract:
“The two parties agreed to pay a fee of 3% of the general value of the contract to be paid upon
ratification of the contract to the IFA and it shall be divided equally between the two parties to
the contract or as agreed upon by the two parties.”
60. In view of the aforementioned clause, the Chamber observed the lack of evidence on file
regarding an agreement between the parties to divide the fee of 3% of the value of the
Contract for its ratification to the IFA. Accordingly, the Chamber considered, in accordance
with the wording of the Contract, that the said fee must be divided equally between the
Player and the Club.
61. Taking into account its foregoing conclusion, the Chamber held that 1.5% of the value of
the Contract, i.e., USD 2,700, must be deducted from the Player’s outstanding
remuneration for the ratification of the Contract to the IFA. Therefore, the Chamber
decided that the Player was entitled to USD 86,170.97 under the Contract during its period
of validity, i.e., from 20 September 2024 until 22 December 2024.
•
•
•
•
•
USD 55,000 as the down payment
+
USD 12,500 as the monthly salary for October 2024
+
USD 12,500 as the monthly salary for November 2024
+
USD 8,870.97 as 22 working days in December 2024 (USD 12,500 / 31 x 22)
USD 2,700 as 1.5% of the total value of the Contract (0.015 x USD 180,000)
62. Having stated the above, the Chamber noted that, in the case at hand, the Club bore the
burden of proving that it indeed complied with the financial terms of the Contract
concluded between the parties. At this point, the Chamber recalled that it remained
undisputed by the Player that the Club remitted him USD 57,000 as stipulated in the
Financial Clearance. Nonetheless, the Chamber observed that, regardless of the wording
of the Financial Clearance and the Financial Quittance, the Club failed to provide any
evidence to prove the payment of the amounts claimed as outstanding under the Contract
by the Player. Furthermore, the Chamber underlined that the Club did not provide any
reasonable justification, supported by evidence in line with art. 13 par. 5 of the Procedural
Rules, for not having complied with the terms of the Contract.
63. In accordance with the general legal principle of pacta sunt servanda, the Chamber decided
that the Club is liable to pay to the Player the amounts which were outstanding under the
Contract at the moment of its termination on 22 December 2024.
pg. 15
REF. FPSD-17855
64. Consequently, taking into consideration the Player’s request as well as the constant
practice of the Football Tribunal, the Chamber decided that the Player is entitled to
outstanding remuneration of USD 29,170.97, i.e., USD 86,170.97 minus USD 57,000, plus
5% interest p.a. as from 22 December 2024 until the date of effective payment.
65. Lastly, the Chamber decided to reject any claims from the parties regarding flight tickets,
as the Contract did not contain any provision granting such entitlement. In addition to the
absence of a contractual basis, the Chamber noted that there is no evidence on file to
demonstrate, in accordance with art. 13 par. 5 of the Procedural Rules, the payment of any
flight tickets.
ii. Compliance with monetary decisions
66. 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.
67. 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
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
68. Therefore, bearing in mind the above, the DRC decided that the Club 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 the Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
69. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
70. 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.
pg. 16
REF. FPSD-17855
d. Costs
71. 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.
72. 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.
73. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 17
REF. FPSD-17855
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant / Counter-Respondent, Ibrahim Hesar, is partially accepted.
2.
The Respondent / Counterclaimant, Zakho Football Club, must pay to the Claimant the
following amount:
- USD 29,170.97 as outstanding remuneration plus 5% interest p.a. as from 22 December
2024 until the date of effective payment.
3.
Any further claims of the Claimant / Counter-Respondent are rejected.
4.
The counterclaim of the Respondent / Counterclaimant is 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 / CounterRespondent in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the
Status and Transfer of Players.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 18
REF. FPSD-17855
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. 19