Labour Disputes
Texto da decisão
REF. FPSD-19872
Decision of the
Dispute Resolution Chamber
passed on 11 September 2025
regarding an employment-related dispute concerning the Player Hamza
Khabba
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Hamza Khabba, Morocco
Represented by Slim Boulasnem
RESPONDENT:
ARABI SC, Kuwait
pg. 2
REF. FPSD-19872
I.
Facts of the case
1.
On 13 June 2022, the Moroccan player, Hamza Khabba (hereinafter: the Player or the
Claimant) and the Kuwaiti club, Aarabi SC (hereinafter: the Club or the Respondent) entered
into an employment contract (hereinafter: the Contract) valid as from 1 July 2022 to 30 May
2024.
2.
Pursuant to clause 2 of the Contract, the Player was entitled to the following amounts /
benefits:
-
A total salary of USD 500,000 divided as follows: (i) 10 monthly salaries of USD 25,000
starting in August 2022 and ending in May 2023; and (ii) 10 monthly salaries of USD
25,000 starting in August 2023 and ending in May 2024
-
Furnished housing within the club premises
-
A car for attending official trainings and matches
-
Three round-trip economy class tickets to/from the Player's hometown during the
sports season.
3.
On 29 May 2025, the parties concluded an addendum to the Contract (hereinafter: the
Addendum) in which the parties agreed that the Contract was extended until 20 June 2025
or until the end of the season 2024/2025.
4.
According to clause 3 of the Addendum, the Player was entitled to:
5.
-
KWD 9,300 as May 2025 salary
-
KWD 4,650 as salary for the extension period of the Contract
-
KWD 1,000 as monthly allowance from March 2023 until the end of the Contract.
On 24 June 2025, the Player placed the Club in default and requested payment of KWD
18,950 within ten days. This amount corresponded to unpaid salaries for May and June
2025, a housing allowance for the period April to June 2025, and flight tickets for the
2024/2025 season valued at KWD 2,000.
II. Proceedings before FIFA
6.
On 11 July 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
pg. 3
REF. FPSD-19872
a. Claim of the Claimant
7.
The Player lodged a claim for overdue payables and requested the following amounts:
•
KWD 9,300 as May 2025 salary plus 5 % interest p.a as from 1 June 2025 until the
date of payment
•
KWD 4,650 as salary from 1 June 2025 to 13 June 2025 plus 5 % interest p.a. as
from 13 June 2025
•
KWD 3,000 as house allowance from April 2025 to June 2025 plus 5 % interest p.a.
as from 13 June 2025
•
KWD 2,000 as flight ticket plus 5 % interest p.a. as from 13 June 2025.
b. Position of the Respondent
8.
Despite being invited, the Club failed to provide its position.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
9.
First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 11 July 2025 and submitted for
decision on 11 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.
10. Furthermore, the Single Judge 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 Moroccan player and a Kuwaiti club.
11. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 29 of
the Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
pg. 4
REF. FPSD-19872
b. Burden of proof
12. The Single Judge 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 Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he 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
13. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
14. The Single Judge then moved to the substance of the matter, and took note of the fact that
Claimant requested the payment of certain financial obligations by the Respondent as per
the Addendum.
15. In this context, the Single Judge acknowledged that his task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations. In doing so, the Single Judge underlined that
the Respondent failed to present its reply to the claim of the Claimant within the time limit
granted by the FIFA general secretariat, and therefore his decision would be made on the
basis of the documentation on file, that is, the argumentation and evidence filed by the
Claimant, in line with article 14 par. 1 and 21 par. 1 of the Procedural Rules.
16. The Single Judge then mentioned that in the case at hand the Respondent bore the burden
of proving that it indeed complied with the financial terms of the Addendum concluded
between the parties. Nonetheless, no evidence was provided.
17. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant KWD 9,300 as
May 2025 salary, KWD 4,650 as June 2025 salary and KWD 3,000 as housing allowance for
April, May and June 2025.
pg. 5
REF. FPSD-19872
18. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amounts as follows:
-
On the amount of KWD 9,300 as from 1 June 2025 until the date of effective payment;
-
On the amount of KWD 7,650 as from 1 July 2025 until the date of effective payment.
19. Finally, as to the request of the flight tickets, the Single Judge noted that the Addendum
did not contain any provision regarding the payment of flight tickets. Furthermore,
although the Contract did establish an entitlement to a flight ticket, the Claimant failed to
provide any evidence of payment that would justify reimbursement. In light of the absence
of supporting documentation, the Single Judge decided to reject this part of the claim.
ii. Compliance with monetary decisions
20. Finally, taking into account the applicable Regulations, the Single Judge 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.
21. In this regard, the Single Judge 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.
22. Therefore, bearing in mind the above, the Single Judge 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.
23. 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.
24. The Single Judge 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
pg. 6
REF. FPSD-19872
25. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the parties.
26. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
27. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 7
REF. FPSD-19872
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Hamza Khabba, is partially accepted.
2.
The Respondent, ARABI SC, must pay to the Claimant the following amount(s):
- KWD 9,300 as outstanding remuneration plus 5% interest p.a. as from 1 June 2025 until
the date of effective payment;
- KWD 7,650 as outstanding remuneration plus 5% interest p.a. 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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 8
REF. FPSD-19872
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. 9