Labour Disputes
Texto da decisão
REF. FPSD-18976
Decision of the
Dispute Resolution Chamber
passed on 4 November 2025
regarding an employment-related dispute concerning the Player Arinze
Clinton Udeh
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Jorge GUTIÉRREZ (Costa Rica), Member
Khadija TIMERA (Senegal), Member
CLAIMANT:
Arinze Clinton Udeh, Nigeria
Represented by Daniel Rey
RESPONDENT:
Vitória Sport Clube, Portugal
pg. 2
REF. FPSD-18976
I. Facts of the case
1.
On 28 September 2023, the Nigerian player, Arinze Clinton Udeh (hereinafter: the Player or
the Claimant) and the Portuguese club, Vitória Sport Clube (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
the date of signature until 30 June 2026.
2.
The Contract mentioned that he was a Portuguese player with the passport number: n°
XXXXXX9.
3.
The section “recitals” of the Contract mentioned that:
“1.The validity and applicability of this Sports Employment Agreement shall be subject to
the legislation, inscription and respective approval of the PLAYER's Sports Employment
Agreement with the Portuguese Professional Football League.
2. Failure to approve the PLAYER's Sports Employment Agreement in the terms referred
above, by 5 October 2023, shall mean the immediate disengagement of the Parties under
this agreement, without the need for any interpellation”.
4.
Clause 1.2 of the Contract read as follows:
“The PLAYER expressly declares not to have any legal, regulatory, contractual or
disciplinary impediment to the conclusion and registration of this sports employment
contract, as well as to the effective provision of his activity to [the Club]”.
5.
Clause 3 of the Contract read as follows:
“3.1. As consideration for the activity carried out by the PLAYER on behalf of [the Club] in
each of the 2023–24, 2024–25 and 2025–26 sports seasons, the PLAYER is entitled to the
following compensation:
(a) 2023–24 sports season: The gross total amount of €104,972.40 (one hundred and four
thousand, nine hundred and seventy-two euros and forty cents), which will be paid in
9 monthly, successive and equal installments of the gross amount of €11,663.60
(eleven thousand six hundred and sixty-three euros and sixty cents) each, which
include the proportional payments corresponding to vacation and Christmas bonuses
and the meal allowance, and are due on the 5th day of the month following month to
which they relate.
(b) 2024–25 sports season: The gross total amount of €162,662.52 (one hundred and
sixty-two thousand six hundred fifty-two euros fifty cents), which will be paid in 12
monthly successive equal installments of €13,552.51 (thirteen thousand five hundred
fifty-two euros fifty-one cents) each, which include the proportional payments
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REF. FPSD-18976
corresponding to vacation and Christmas bonuses and the meal allowance, and are
due on the 5th day of the month following month to which they relate.
(c) 2025–26 sports season: Gross total amount €185,361.96 (one hundred eighty-five
thousand three hundred sixty-one euros ninety-six cents), which will be paid in 12
monthly successive equal installments of €15,446.83 (fifteen thousand four hundred
forty-eight euros sixty-three cents) each, which include the proportional payments
corresponding to vacation and Christmas bonuses and the meal allowance, and are
due on the 5th day of the month following month to which they relate.
3.2. In the 2023-24, 2024-25 and 2025-26 sports seasons, [the Club] will also pay the
PLAYER a fixation allowance for the net monthly amount of € 500 (five hundred euros) for
each month that this Sport Employment Agreement is in effect, as described in points (a)
(b) and (c) of point 3.1. above.
3.3 During the term of engagement in the sporting season, [the Club] grants the PLAYER
the right to receive two return airline tickets from Porto (POR) to Brazil.
3.4. By virtue of signing the employment agreement, [the Club] shall pay the PLAYER a
signing bonus in the gross total amount of €192,916.16 (one hundred ninety-two
thousand nine hundred sixteen euros and sixteen cents), in installments.
(a) The gross amount of €96,458.08 (ninety-six thousand, four hundred and fifty-eight
euros and eight cents), to be paid by 15. NOV. 2023.
(b) The gross amount of €96,458.08 (ninety-six thousand, four hundred and fifty-eight
euros and eight cents), to be paid by 30 SEP. 2024.”.
6.
On 12 January 2024, the Club sent a termination notice to the Player referring to the terms
of the Contract, in particular as to its validity and its clause 1.2. The Club mentioned that:
“after signing the aforementioned Agreement, [the Club] immediately started the
necessary procedure through the FIFA TMS platform, intending to register the Player.
It is a fact that this procedure was later rejected, culminating in the final rejection to issue
an International Transfer Certificate, due to your registration with Club FC Locarno
(Switzerland), since 5 September 2023.
Thus, it is clear that the Condition to which the Employment Contract was subject did not
occur, despite the various efforts made by [the Club], in a spirit of good faith.
It is also clear that you made false statements to [the Club], since you could not be
unaware that you were registered with a third-party club, and as such, unable to enter
into an employment contract with [the Club], and also to be registered, on that date.
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REF. FPSD-18976
As such, and although this is not required, under the terms of the Agreement, [the Club]
hereby informs you that you will be considered disengaged from this organisation, in any
capacity, with immediate effect.
Thus, we inform you that you will not have to show in person at the [the Club’s] Training
Centre, at any other place, or participate in any previously scheduled activity, also with
immediate effect.
I further inform you that the Board of Directors will consider any criminal action against
you concerning the facts reported above.”
7.
On 25 January 2024, the Swiss club FC Locarno (hereinafter: FC Locarno) issued a
confirmation letter in which it was mentioned that the Player’s professional contract with
it ended on 29 December 2023.
8.
On 30 January 2024, the Player concluded an employment contract with the Portuguese
club, Tondela (hereinafter: Tondela), valid as from 30 January 2024 to 30 June 2024 with a
total salary of EUR 21,116.65 and a net allowance of EUR 1,200.
9.
On 19 April 2024, the Player concluded another employment contract with the Brazilian
club, Cianorte FC (hereinafter: Cianorte FC), valid as from 10 July 2024 until 10 July 2027,
with a monthly salary of BRL 17,000, an allocation allowance of BRL 2,000 and a signing
bonus of BRL 100,000.
10. On 10 March 2025, the Player put the Club in default and requested EUR 510,745,
mentioning that the Club terminated the Contract without just cause.
i.i. Information retrieved from the Transfer Matching System (TMS)
11. The following entries are retrieved for the Player:
-
On 8 September 2023, the Player was transferred from the Brazilian club Londrina
Esporte Clube (hereinafter: Londrina) to FC Locarno as amateur.
-
On 29 September 2023 and on 9 October 2023, the Club started two instructions to
transfer the Player from FC Londrina to it, however, such requests were performed out
of the registration periods and therefore did not proceed.
-
On 27 November 2023, the Club started an instruction to transfer the Player from
Londrina to it, however, on 23 January 2024, such transfer was cancelled.
pg. 5
REF. FPSD-18976
-
On 4 January 2024, the Club started two instructions to transfer the Player from FC
Locarno to it, however, such transfers were cancelled on 4 January 2024 and 10 January
2024.
-
On 31 January 2024, the Player was transferred from FC Locarno to Tondela.
-
On 10 July 2024, the Player was transferred from CD Tondela to Cianorte.
12. In the 5 transfer instructions submitted by the Club for the Player, the Player’s passport
stored therein was his Nigerian passport.
i.ii. Information retrieved by the Portuguese Football Federation (FPF)
13. The FPF informed FIFA that the Player was registered with Tondela using his Nigerian
passport n° XXXXXX9.
II. Proceedings before FIFA
14. On 21 April 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Claimant
15. The Player lodged a claim for breach of contract.
16. The Player argued that the Club unilaterally terminated the Contract without just cause on
12 January 2024, via email. In its termination notice, the Club claimed the Player had already
been registered with FC Locarno since 5 September 2023, which prevented the issuance of
the international transfer certificate.
17. However, the Player indicated that he never signed a contract or registration request with
FC Locarno and was unaware of being registered as an amateur player there. Upon inquiry,
FC Locarno’s president, Mr. Mauro Cavalli, confirmed that the registration was done by a
club member based on a recommendation from someone close to said club, without the
Player’s knowledge or consent. Recognizing the error, according to the Player, the president
of FC Locarno promptly issued a release letter to allow the Player to be registered with
Tondela.
18. The Player then mentioned that the Club paid his salaries, for October, November and
December 2024. In view of the foregoing, the Player requested EUR 571,107.55, based on
the following calculation:
Salaries:
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REF. FPSD-18976
-
January 2024 to June 2024: 6 months times EUR 11,663.40: EUR 69,980.40;
-
July 2024 to June 2025: 12 months times EUR 13,555.21: EUR 162,662.50; and
-
July 2025 to June 2026: 12 months times EUR 15,446.83: EUR 185,361.95.
Other Payments:
-
Signing bonus: EUR 192,916.16;
-
Allowance under clause 3.2 of the Contract (January 2024 to June 2026): 30
months times EUR 500: EUR 15,000;
-
Three monthly salaries as moral damages: EUR 34,990.20;
-
Late payment interest of 5% : EUR 14,413
Total: EUR 676,824.20
Less amounts received from new employers:
-
CD Tondela (February 2024 to June 2024): EUR 21,116.65 as salaries and EUR
1,200 as “contractual compensation”;
-
Cianorte (July 2024 to June 2026) BRL 556,000/EUR 83,400.
b. Reply of the Respondent
19. Despite being invited to do so, the Respondent failed to reply to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
20. 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 21 April 2025 and submitted for decision on
4 November 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.
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REF. FPSD-18976
21. 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 Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a Nigerian player and a Portuguese club.
22. For the sake of clarity, the Chamber noted that although the Contract identified the Player
as Portuguese, the passport number indicated therein (No. XXXXX9) corresponded to the
Nigerian passport stored in TMS. Moreover, following a request to the FPF, it was confirmed
to FIFA that the Player was registered with Tondela under Nigerian nationality, using the
same passport number. Consequently, the Chamber concluded that the Player’s nationality
is Nigerian and that the reference to Portuguese nationality in the Contract was erroneous.
The Chamber therefore confirmed that the matter falls within the scope of an international
dispute.
23. 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
24. 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.
c. Merits of the dispute
25. 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.
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REF. FPSD-18976
i. Main legal discussion and considerations
26. Having established the above, the Chamber proceeded to examine the substance of the
dispute. In this respect, it observed that the Player maintained that the Club terminated
the Contract without just cause. The Chamber further noted that the Respondent failed to
submit its reply to the Player’s claim.
27. In view of the foregoing and in accordance with art. 14 par. 1 and art. 21 par. 1 of the
Procedural Rules, the Chamber decided that the matter would be assessed solely on the
basis of the documentation contained in the file, namely the arguments and evidence
submitted by the Claimant.
28. In this context, the Chamber acknowledged that its task was to determine whether the
Contract was terminated with or without just cause.
29. As a preliminary matter, the Chamber found necessary to assess whether the Contract
constituted a valid and binding agreement, particularly in light of the Club’s reference in its
termination notice to clause 1.2 of the Contract. In this regard, the Chamber recalled that,
according to the well-established jurisprudence of the Football Tribunal, the validity of a
contract cannot be made contingent upon the registration of the Player, as such
registration is the sole responsibility and obligation of the Club.
30. Moreover, the Chamber acknowledged the Club’s allegation in its termination letter that
the Player was contractually bound to FC Locarno. However, according to the information
retrieved from TMS, the Player was registered with FC Locarno as an amateur, and no
professional contract was available in TMS. Furthermore, in the absence of any submission
from the Club, it remained unclear how the Player had already been performing football
activities for the Club if his registration supposedly constituted an obstacle. In any event,
the Player’s amateur registration with FC Locarno, recorded in TMS on 5 September 2023,
was already in place at the time the parties entered into the Contract, and the Club should
have been aware of this in order to take the necessary steps for the Player’s transfer.
Indeed, the Club attempted to initiate transfer requests in TMS in October and November
2023, i.e. several months prior to the termination of the Contract.
31. In light of these circumstances, the Chamber concluded that no simultaneous professional
contracts existed and that the Contract was valid and already being executed before the
Player been registered with the Club.
32. The Chamber then analysed the justice of the early termination of the Contract. In doing
so, it referred to art. 14 par. 1 of the Regulations and to the Football Tribunal’s
jurisprudence, according to which only a breach or misconduct which is of a certain severity
justifies the termination of a contract without prior warning. 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
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REF. FPSD-18976
prematurely. Hence, if there are more lenient measures which can be taken in order for an
employer to assure the employee’s fulfilment of his contractual duties, such measures
must be taken before terminating an employment contract. A premature termination of an
employment contract can only be an ultima ratio.
33. In this regard, the Club terminated the Contract on 12 January 2024, citing its inability to
register the Player. However, such justification cannot be upheld, as the responsibility for
registration lies solely with the Club. Consequently, the Chamber determined that
termination was without just cause.
ii. Consequences
34. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
35. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player amounted to EUR 96,458.08 (i.e.,
the 1st instalment of the signing bonus).
36. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the Contract at the moment of the termination, i.e. EUR
96,458.08.
37. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Respondent 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.
38. 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 employment contract at
the basis of the matter at stake.
39. As a consequence, the Chamber determined that the amount of compensation payable by
the Club 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
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REF. FPSD-18976
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).
40. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of EUR 529,464.16 serves as the basis for the determination of
the amount of compensation for breach of contract, broken down as follows:
•
Season 2023/2024: 6 times EUR 11,663.60: EUR 69,981.60 ;
•
Season 2024/2025: EUR 162,662.50 ;
•
Season 2025/2026: EUR 185,361.96 ;
•
2nd instalment of the signing bonus : EUR 96,458.08; and
•
Allowance : 30 times EUR 500: EUR 15,000.
41. In continuation, the Chamber verified as to whether the Claimant 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.
42. Indeed, the Player found employment with the Tondela from 30 January 2024 to 30 June
2024 and with the Club Cianorte from 10 July 2024 until 10 July 2027. In accordance with
the employment contract with Tondela, the Player mitigated the amount of EUR 22,316.65
(EUR 1,200 plus EUR 21,116.65) and in accordance with the employment contract with
Cianorte, the Player mitigated the amount of EUR 108,488/ BRL 568,870.97 (signing bonus
(BRL 100,000) plus the salaries between July 2024 and June 2026).
43. 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 was not due to said reason and therefore decided that the Claimant is not
entitled to an additional compensation.
44. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Respondent must pay the amount of
EUR 398,659.51 to the Claimant (i.e., EUR 529,464.16 minus EUR 130,804.65), which was to
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REF. FPSD-18976
be considered a reasonable and justified amount of compensation for breach of contract
in the present matter.
45. In continuation, and taking into consideration the Claimant’s request as well as the
constant practice of the Football Tribunal in this regard, the Chamber decided to award the
Claimant interest on said compensation at the rate of 5% p.a. as of 12 January 2024 until
the date of effective payment, however, limited to EUR 14,413, in accordance with the ne
ultra petita principle.
46. Finally, regarding the Player’s request of moral damages, the Chamber, based on the
jurisprudence of the Football Tribunal, decided to reject this claim due to a lack of legal
basis. Furthermore, the Chamber highlighted that the Claimant did not provide
any/sufficient evidence or justification regarding the alleged moral damages suffered, or
their quantification.
iii. Compliance with monetary decisions
47. 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.
48. 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.
49. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, 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 Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
50. The Respondent 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.
51. 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.
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REF. FPSD-18976
d. Costs
52. 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.
53. 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.
54. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-18976
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Arinze Clinton Udeh, is partially accepted.
2.
The Respondent, Vitória Sport Clube, must pay to the Claimant the following amount(s):
-
EUR 96,458.08 as outstanding remuneration.
-
EUR 398,659.51 as compensation for breach of contract plus 5% interest p.a. as from
12 January 2024 until the date of effective payment (limited to EUR 14,413).
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
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 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.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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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
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