Labour Disputes
Texto da decisão
REF. FPSD-19825
Decision of the
Dispute Resolution Chamber
passed on 28 August 2025
regarding an employment-related dispute concerning the player
Ignacio de Arruabarrena Fernández
COMPOSITION:
Clifford J. HENDEL (USA & France), Deputy Chairperson
Stella MARIS JUNCOS (Argentina), Member
Jorge GUTIÉRREZ (Costa Rica), Member
CLAIMANT:
Ignacio de Arruabarrena Fernández, Uruguay & Spain
Represented by José Miguel Albuquerque
RESPONDENT:
Al Wehdah, Saudi Arabia
pg. 2
REF. FPSD-19825
I. Facts of the case
1.
On 22 August 2024, the Spanish player Ignacio de Arruabarrena Fernández (hereinafter,
the Player or the Claimant) and the Saudi Arabian club Al Wehdah (hereinafter, the Club or
the Respondent) concluded an employment contract valid as from 22 August 2024 until 30
June 2026.
2.
On 31 January 2025, the Player and the Club (hereinafter, jointly referred to as the Parties)
concluded the so-called “Contract Termination Agreement with Mutual Consent” (hereinafter,
the Termination Agreement) by means of which they agreed to mutually terminate their
employment relationship.
3.
According to Clause 3.a) of the Termination Agreement:
“[The Club] shall pay a final and agreed amount estimated at 1,195,525 Euros (one million,
one hundred and ninety-five thousand, five hundred and twenty-five Euros) according to the
following details, representing all of its financial dues for the first year of the contract:
887,875 Euros (eight hundred and eighty-seven thousand, eight hundred and seventy-five
Euros) and its financial dues for the second year of the contract and the value of the second
year contract: 300,000 Euros (three hundred thousand Euros). Thus, the agreement to waive
the value of 942,350 Euros (nine hundred forty-two thousand three hundred fifty Euros) in
favour of the club from the total value of the contract. Also, according to the contract, it
must receive the value of 7,650 Euros (seven thousand, six hundred and fifty) as the value
of the flight tickets for the player and his family, to be paid immediately after signing the
contract, and the remaining financial amounts shall be paid in six instalments as follows:
o 02/02/2025: 7,650 Euros.
o 28/02/2025: 197,979 Euros.
o 31/03/2025: 197,979 Euros.
o 30/04/2025: 197,979 Euros.
o 31/05/2025: 197,979 Euros.
o 30/06/2025: 197,979 Euros.
o 31/07/2025: 197,980 Euros.”
4.
On 2 April 2025, the Player put the Club in default, granting it a deadline of 15 days to pay
the first three instalments under the Termination Agreement, i.e., EUR 7,650 due on 2
February 2025 and two instalments of EUR 197,979 each, due on 28 February and 31 March
2025, respectively.
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REF. FPSD-19825
5.
On 14 April 2025, the Club replied to the Player’s default notice informing him that it had
remitted EUR 7,650 and EUR 197,979, corresponding to the first two instalments under the
Termination Agreement.
6.
On 22 April 2025, the Player sent another email to the Club informing that the payment
regarding the first instalment had not been completed, as he only received SAR 30,683.77.
Furthermore, the Player requested the payment of the March 2025 instalment under the
Termination Agreement.
7.
On 23 April 2025, the Club replied informing that the amount of SAR 30,683.77 is the
equivalent to EUR 7,650 based on the exchange rate in Saudi Arabia on 3 March 2025, the
date of payment.
8.
On 5 June 2025, the Player again put the Club in default, requesting the payment of the
March, April and May 2025 instalments as outlined in the Termination Agreement.
II. Proceedings before FIFA
9.
On 8 July 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
10. In his claim, the Player argued that the Club has failed to remit the March, April, May and
June 2025 instalments under the Termination Agreement.
11. Furthermore, the Player claimed that the Club’s payment regarding the first instalment of
the Termination Agreement –which amounted to EUR 7,650 and corresponded to flight
tickets– was EUR 750 short. According to the Player, although the Club claimed to have
remitted SAR 30,683.77 and that this is equal to EUR 7,650, this is not what reached his
account in euros.
12. Based on the above, the Player requested the following relief:
“The Player respectfully requests the FIFA Dispute Resolution Chamber to:
i.
Declare the present Claim as admissible;
ii.
Determine that the Respondent must pay the Claimant a EUR 594,687 (five hundred
ninety thousand six hundred eighty-seven euros), plus EUR 750 (seven hundred fifty
euros) to the Claimant which corresponds to the termination amount added the
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REF. FPSD-19825
difference between the amount transferred for the flight tickets and agreed instalment;
iii.
Order the Respondent to pay 5% interest p.a. calculated over each outstanding amount,
as of the day after each monthly remuneration became due until the date of effective
payment;
iv.
Impose the appropriate sporting sanctions to the Respondent”.
b. Reply of the Respondent
13. Despite being invited to do so, the Club failed to reply to the claim within the deadline
granted.
c. Unsolicited correspondence from the Respondent
14. On 13 August 2025, the FIFA general secretariat informed the Parties that the submission
phase of the proceedings was closed and no further submissions from the Parties would
be admitted to the file (cf. art. 23 par. 1 of the Procedural Rules Governing the Football
Tribunal).
15. Also on 13 August 2025, following the closure of the submission phase, the Club submitted
an unsolicited correspondence.
16. On 14 August 2025, the FIFA general secretariat recalled that the Parties may not
supplement or amend their submissions or requests for relief or produce new evidence
after notification of the closure of the submission phase. Therefore, the FIFA general
secretariat advised the Parties that the Club’s unsolicited correspondence was disregarded.
pg. 5
REF. FPSD-19825
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
17. 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 8 July 2025 and submitted for decision on 28
August 2025. Taking into account the wording of art. 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.
18. 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 Spanish player
and a Saudi Arabian club.
19. 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
20. 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).
c. Merits of the dispute
21. 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 DRC 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.
pg. 6
REF. FPSD-19825
i. Main legal discussion and considerations
22. The Chamber then moved to the substance of the matter, and took note that it concerned
a claim by a player against a club for overdue payables under the Termination Agreement
concluded between the Parties.
23. The DRC noted that, according to the Player, the Club has failed to remit EUR 750
corresponding to the balance of the first instalment of the Termination Agreement, as well
as the March, April, May and June 2025 instalments, totalling EUR 595,437.
24. In this context, the members of the Chamber acknowledged that their task was to
determine, based on the evidence on file, whether the claimed amounts had in fact
remained unpaid by the Club and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
25. In this respect, the DRC underscored that in the case at hand the Club bore the burden of
proving that it indeed complied with the financial terms of the Termination Agreement
concluded between the Parties.
26. Nonetheless, the Chamber observed that the Club failed to reply to the claim despite being
invited to do so, and therefore concluded that no proof of compliance with the
aforementioned financial terms was presented.
27. In view of the foregoing, and bearing in mind the legal principle of pacta sunt servanda, the
Chamber determined that the Player was, in principle, entitled to EUR 792,666 as follows:
o EUR 750 as the balance for the first instalment of the Termination Agreement, which
was due on 2 February 2025;
o EUR 197,979, due on 31 March 2025;
o EUR 197,979, due on 30 April 2025;
o EUR 197,979, due on 31 May 2025; and
o EUR 197,979, due on 30 June 2025.
28. However, the DRC noted that the Player expressly limited his claim to EUR 595,437 in totum
for the aforementioned instalments.
29. Consequently, the Chamber found that it was bound by the principle of ne ultra petita and
determined that its decision had to be limited to the total amount requested by the Player.
30. Based on foregoing considerations, the DRC decided that the Club is liable to pay to the
Player the amount of EUR 595,437 which, bearing in mind the Player’s claim, corresponds
to the following amounts and instalments of the Termination Agreement:
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REF. FPSD-19825
o EUR 750 as the balance for the first instalment;
o EUR 197,979 for the March 2025 instalment;
o EUR 197,979 for the April 2025 instalment;
o EUR 197,979 for the May 2025 instalment; and
o EUR 750 for the June 2025 instalment, (i.e., total amount requested minus the
abovementioned instalments).
31. In addition, taking into consideration the Player’s request as well as the constant practice
of the Football Tribunal in this regard, the Chamber decided to award interest at the rate
of 5% per annum on the outstanding amount as from the day following each of the
respective due dates until the date of effective payment, as follows:
o On the balance of EUR 750, corresponding to the first instalment of the Termination
Agreement, as from 3 February 2025;
o On the March 2025 instalment, as from 1 April 2025;
o On the April 2025 instalment, as from 1 May 2025;
o On the May 2025 instalment, as from 1 June 2025; and
o On the June 2025 instalment, as from 1 July 2025.
ii. Compliance with monetary decisions
32. 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.
33. 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.
34. 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.
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REF. FPSD-19825
35. 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.
36. 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.
d. Costs
37. 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.
38. 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.
39. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the Parties.
pg. 9
REF. FPSD-19825
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ignacio de Arruabarrena Fernández, is partially accepted.
2.
The Respondent, Al Wehdah, must pay to the Claimant the following amount(s):
o EUR 595,437 as outstanding amount plus 5% interest per annum as follows:
- 5% interest p.a. over the amount of EUR 750 as from 3 February 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 197,979 as from 1 April 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 197,979 as from 1 May 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 197,979 as from 1 June 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of EUR 750 as from 1 July 2025 until the date of
effective payment.
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.
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REF. FPSD-19825
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-19825
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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