Labour Disputes
Texto da decisão
REF 20-00303
Decision of the
Dispute Resolution Chamber
passed via videoconference, on 16 July 2020,
regarding an employment-related dispute concerning the player Rodolfo Gilbert Pizarro
Thomas
COMPOSITION:
Geoff Thom ps on (England), Chairman
Michelle Colucci (Italy), member
Abu Nay eem S hohag (Bangladesh), member
CLAIMANT:
CLUB RAYADOS
Mexico
DE
MONTERREY,
Represented by Mr. Juan Manuel Lopez Ruíz
RESPONDENT 1:
MR RODOLFO GILBERT PIZARRO THOMAS, Mexico
Represented by Mr. Daniel Muñoz Sierra
RESPONDENT 2:
INTER MIAMI CF, USA
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I. FACTS OF THE CASE
1.
On 5 June 2018, the player and the Claimant club (hereinafter: Claimant or Monterrey) signed an
employment contract (hereinafter: the contract), in accordance with which the parties agreed,
inter alia, upon the following conditions:
Term of the contract: 5 years, as from the tournament “Apertura 2018” until the end of the
tournament “Clausura 2023” of the Mexican League (cf. original clause below here below
quoted).
“Tercera.- vigencia
El presente contrato tiene vigencia por cinco años, es decir, los torneos de Apertura 2018,
Clausura 2019, Apertura 2019, Clausura 2020, Apertura 2020, Clausura 2021, Apertura 2021,
Clausura 2022, Apertura 2022 y Clausura 2023 de la liga MX o como estos torneos lleguen a
denominarse organizados por la Federación Mexicana de Fútbol Asociación, A.C.”.
Clause related to taxes: All amounts and considerations as per the contract will be net, free of
taxes and/or deductions (free translation from the original text in Spanish, displayed below; in
addition, it must be noted that the said paragraph was included in the Annexe to the contract
where the player’s remuneration is indicated).
“Todas las sumas y conceptos mencionados en virtud del presente acuerdo serán netas, libres de
todo impuesto, gravamen y/o retenciones”.
Buy-out clause: USD 11,875,000 payable by the new club for the definitive transfer of 100% of
the player’s economic and federative rights. In addition, the last paragraph of said clause stipulates
that the said amount can be paid by the player or any club on his behalf and would correspond
to a compensation for the early termination of the contract in the sense of art. 17 of the RSTP.
II. PROCEEDINGS BEFORE FIFA
2.
On 15 February 2020, the Claimant lodged a claim before FIFA against the Respondent I and the
Respondent II for breach of contract and an additional compensation. A brief summary of the
position of the parties is detailed in continuation.
A. Claim of the Claimant
3.
In its claim, Monterrey explained that, on 30 January 2020, Inter sent an offer for the permanent
transfer of the player from Monterrey to Inter, offering a transfer fee of USD 9,500,000 for the
acquisition of 80% of the player’s economic rights; which was rejected by the Claimant on the
very same day (note: offer and rejection on file).
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4.
On the following day, 31 January 2020, Inter sent another offer for the definitive transfer of the
player, offering a transfer compensation amounting to USD 11,875,000 for the acquisition of
100% of the player’s economic rights. On the same day, the Claimant replied thereto, specifying
that said amount should be net in order to be considered by Monterrey. Also on the same day,
Inter replied to the correspondence of the Claimant, stating that the contract does not specify
that said amount shall be net and that, hence, Inter would not pay any higher amount.
5.
In this context, the Claimant explained that, since Inter was aware of the content of the contract
concluded between Monterrey and the player, it is clear that it was the player who disclosed such
content to Inter, within the scope of negotiations held between said parties for the transfer of the
player to Inter and without the consent of Monterrey for the player to do so and, hence,
contravening art. 18.3 of the RSTP.
6.
On the same date, Monterrey replied to Inter, making reference to the contract, which states that
all amounts payable as per the contract shall be net. Also on 31 January 2020, Inter informed
Monterrey that it would pay the buy-out clause of the contract; circumstance to which the
Claimant agreed.
7.
By means of his correspondence dated 4 February 2020, the player contacted the Claimant and
informed the latter that he was aware of the offer made by Inter and that he agrees on said terms
and on his transfer to Inter. On the same date, Inter sent to Monterrey an agreement for the
transfer of the player, but the latter refused to sign any agreement and informed Inter that, should
the player wish to terminate the contract, he should pay the buy-out clause, as per the contract.
8.
On 12 February 2020, the player, Inter and MLS sent a correspondence to the Claimant,
communicating to the latter the termination of the contract of the player with Monterrey. In this
respect, the Claimant held that the amount of the buy-out clause was only partially paid (not
taking into account that the amount to be received by Monterrey shall be net) and that it was
paid by the MLS.
9.
In its claim, Monterrey stressed that Inter contravened art. 18.3 of the RSTP, since it should have
communicated to Monterrey in writing its intention to start negotiations in order to sign the
player; and it would be up to Monterrey to grant or not an authorization for Inter to start said
negotiations, as long as – at the moment when said negotiations started – more than 6 months
remained before the expiry of the contract. In view of the lack of said communication and
authorization, according to the Claimant, Inter induced the player to terminate his contract with
Monterrey, which, according to the Claimant, occurred without just cause.
10. According to the Claimant, although the amount of the buy-out clause was paid, said event does
not discharge Inter from its liability for having induced the player to terminate his contract before
the end of the running season and during the protected period.
11. In addition, the Claimant explained that the player was essential for the team, since he was always
part of the starting 11, was convoked to play with the national team and played a fundamental
role within the team. Moreover, the Claimant explained that, since the transfer window in Mexico
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closed on 31 January 2020, the departure of the player left the Claimant in a situation where it
could not replace him, causing great damage to Monterrey.
12. Finally, the Claimant deems that the player and the Respondent II shall be imposed sporting
sanctions in accordance with art. 17 par. 3, 4 and 5 of the FIFA Regulations on the Status and
Transfer of Players.
13. The Claimant requested the following relief:
The Claimant requested the Respondent be condemned to pay the amount of USD 5,089,285.71
plus an additional compensation, broken down as follows:
Compensation for breach of contract:
USD 5,089,285.71 corresponding to the difference between the amount paid by Inter for
the buy-out clause, i.e. USD 11,875,000, and the gross amount payable – according to
the Claimant – in order for Monterrey to receive the USD 11,875,000 net, i.e. USD
16,964,285 (16,964,285 – 11,875,000 = 5,089,285.71).
An additional compensation to be calculated by the DRC in accordance with art. 17 of
the RSTP. For this purpose, the Claimant provided a document with a breakdown of the
different amounts and expenses paid and payable by Monterrey in relation to the player.
According to the Claimant, the amount of USD 14,850,950.41 should be taken into
consideration in order to calculate the compensation to be paid by the Respondent (note:
document on file).
B.
Position of the player / Respondent I
14. In his reply, the player confirms the exchange of correspondence between Monterrey, Inter and
him, as mentioned by the Claimant and adds that on 5 February 2020, Inter sent Monterrey a
second official offer, referring to the buy-out clause in the contract and offering USD 11,875,000
for 100% of the player’s economic rights. In the offer, Inter requested Monterrey to abide by the
employment contract and sign the relevant transfer agreement for the player within the following
five days (cf. exhibit 34 of player’s reply).
15. He also explained that on 6 February 2020 Monterrey rejected the second official offer of Inter,
explaining that if Inter wanted to acquire the services of the player, the latter would have to
exercise his contractual rights under the contract and terminate it after paying the indemnity
amount provided therein (cf. exhibit 35 of the player’s reply). Following such letter, on 12 February
202 the player terminated his employment contract with Monterrey in writing and provided
together with his termination letter a proof of payment by the MLS of USD 11,875,000.
16. The player claims that he duly and correctly exercised his contractual rights under the employment
contract and was free to join Inter, after exercising and paying the relevant amount stipulated in
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the buy-out clause. He deems that Monterrey’s claim is unfounded and made in bad faith,
therefore it should be entirely rejected.
17. The player emphasises that Monterrey “accepted to insert the buy-out clause through which Mr.
Pizarro terminated his Employment Contract after the Claimant failed to comply with its
obligations under the Employment Contract in relation with the release of the Player. What is
more, Monterrey even invited the Player and Inter Miami to enforce the said contractual provision
in view of its (unlawful) reluctancy to release the Player for him to join Inter Miami. The Claimant
even communicated its bank details to Inter Miami and received the money agreed as price for
the buy-out. It should be noted that Monterrey has not given back said payment to this day.
Therefore, it is clear that the whole claim as set-up and presented by Monterrey is just an excuse
for the Claimant to unlawfully ask for more money in detriment of the Respondents”.
18. The player further pointed out that the contractual clause at stake is a clear buy-out clause and in
this respect referred to the appeal CAS 2013/A/3411, which stipulated that: “85. As made clear
by such definition, which corresponds to standard practice in international football, the parties,
while entering into a contract, may agree that at a certain (or at any) moment one of the parties
(normally, the player) may terminate the contract, by simple notice and by paying a stipulated
amount. In other words, one of the parties (ordinarily, the club) accepts in advance that the
contract may be terminated: as a result, when the contract is effectively terminated, such
termination can be deemed to be based on the parties’ (prior) consent. Therefore, no breach
occurs, and the party terminating the contract is not liable for any sporting sanction. It is only
bound to pay the stipulated amount – which represents the “consideration” (or “price”) for the
termination”.
19. As such Monterrey was obliged to transfer the player to Inter and is not entitled to receive any
further amount from the player, since it “already received the totality of the amount agreed
between the parties as buy-out amount”.
20. The player also rejected Monterrey’s allegation that the amount stipulated in the buy-out clause
was net, since “according to the wording chosen by the parties in the drafting of the contractual
provision referred above, the amounts were never agreed to be net of taxes for Monterrey. In this
sense, there is absolutely no reference as to the net nature of the agreed amounts throughout
the whole clause”. The player further claims that “if the agreement of the Parties had been that
the agreed amounts were net and therefore, that the applicable tax should be added on top of it
“grossing up” the said amount, it should have been clearly and unequivocally stated it in said
clause. This is precisely what the Parties did in the Annex 1 of the Employment Contract, in which
the remuneration of the Player under the Employment Contract was included. The Parties expressly
included that all amounts provided therein were net of any taxes and/or withholdings: ‘Todas las
sumas y conceptos mencionados en virtud del presente acuerdo serán netas, libres de todo
impuesto, gravamen y/o retenciones’.”
21. Furthermore, the player indicated that Monterrey did not meet the burden of proving that in was
indeed obliged to pay the requested amount as taxes in Mexico, and also for this reason its request
should be rejected.
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22. The player rejected any request of Monterrey for additional compensation and for the application
of art. 17 of the RSTP, as the contract was duly terminated by the parties in accordance with the
buy-out clause.
23. The player concludes that “it is clear that the only party to the Employment Contract who acted
wrongfully and in bad faith in this case was Monterrey, (i) who failed to transfer the Player despite
of having received offer in line with what the parties to the contract agreed, (ii) for having
requested more money than what the parties agreed to for the offers and for the consideration
of the buy-out and (iii) who invited the Player to exercise his contractual rights and enforce the
buy-out clause provided in the Employment Contract to then claim against the Player and Inter
Miami CF for that same reason”.
C. Position of the Respondent II
24. In its reply, Inter endorses the arguments of the player and fully rejects the claim of Monterrey. In
particular, Inter rejects having breached art. 18 par. 3 of the RSTP as Monterrey was always
informed of the negotiations for the transfer of the player and points out that, in any case, any
breach of such article should be dealt with by FIFA’s Disciplinary Committee.
25. Inter points out that Monterrey rejected twice its offer for the player and by means of its letter
dated 6 February 2020 it invited Inter to pay the amount in the buy-out clause into the bank
account of which it had provided details to Inter by 10 February 2020, to trigger the termination.
Inter claims that in such correspondence (cf. annex 10 to Inter’s reply) “Monterrey threatened to
bring a claim against the Player and Miami before FIFA in respect of an alleged termination of the
Monterrey Contract ‘without just cause’ if (and only if) the Rescission Clause was not activated by
10 February 2020. This date was arbitrarily set by Monterrey and was prior to the opening of the
USSF registration period. Upon the opening of the USSF’s primary transfer registration period on
12 February 2020, a termination notice signed by the Player, Miami and MLS (the ‘Notice of
Termination’) was served on Monterrey by a Mexican Public Notary and, at the same time, MLS
transferred to the bank account of Monterrey (per Monterrey’s direction) a sum equal to the
Termination Fee as set out in the Rescission Clause (i.e. $11,875,000)”.
26. Inter uploaded the instruction for the player’s registration on 19 February 2020, to which
Monterrey, via the Mexican FA, failed to reply. Thus on 27 February 2020 a request was filed at
FIFA for the player’s provisional registration, which was granted by the Single Judge of the PSC
on 28 February 2020.
27. Furthermore, Inter emphasised that in accordance with the buy-out clause, if an offer in the
amount of USD 11,875,000 were made for the player at any time Monterrey was obliged to
accept it and complete the transfer of the player’s registration to the relevant club within 5 days
of receipt of the same. In the event of a failure by Monterrey to comply with the transfer
obligation, the player would have the right to unilaterally terminate the contract with immediate
effect by paying (whether personally or via a football club on his behalf) the sum of USD
11,875,000 to Monterrey. Upon receipt of the aforementioned fee, Monterrey would be obliged
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to do all things necessary to procure the release of the player’s ITC by the FMF; and the termination
fee was agreed by the parties as the amount which would settle any compensation claim
Monterrey could have had under art. 17 of the RSTP if the Player’s unilateral termination of the
Monterrey Contract before its expiry had taken place “without just cause”.
28. Inter claims to have acted in strict respect of the buy-out clause and that the termination of the
contract with Monterrey was absolutely lawful and “with just cause”, following the DRC and the
CAS standard jurisprudence.
29. Inter also rejects Monterrey’s argument that the buy-out clause stipulated a net amount, as this is
not stated in said clause and can also not be inferred from the joint interpretation of any other
clause of the contract. In particular, Inter points out that had this been the intention of the parties
they would have clearly mentioned it in the contract, just as the specific clause inserted in the
annex dealing with the player’s remuneration. In any case, Monterrey did not provide any evidence
of the additional amount it claims as tax applicable to the buy-out fee.
30. Thus, Inter deems that Monterrey’s claim should be entirely rejected.
III. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER
A. Competence and applicable legal framework
31. First of all, the Dispute Resolution Chamber (hereinafter referred to as DRC or the Chamber)
analysed whether it was competent to deal with the matter at hand. In this respect, it took note
that the present matter was submitted to FIFA on 15 February 2020. Taking into account the
wording of art. 21 of the June 2020 edition of the Rules Governing the Procedures of the Players’
Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules), the
aforementioned edition of the Procedural Rules is applicable to the matter at hand.
32. Subsequently, the DRC referred to art. 3 par. 1 of the Procedural Rules and confirmed that in
accordance with art. 24 par. 1 in combination with art. 22 lit. b of the Regulations on the Status
and Transfer of Players (edition June 2020), it is competent to deal with the matter at stake, which
concerns an employment-related dispute with an international dimension between a Mexican
club, a Mexican player, and an American club.
33. In this respect, the DRC emphasized that the parties do not dispute the competence of FIFA, and
as such the Chamber concluded that it is competent to entertain the claim.
34. In continuation, the DRC analysed which regulations should be applicable as to the substance of
the matter. In this respect, it confirmed that in accordance with art. 26 par. 1 and par. 2 of the
Regulations on the Status and Transfer of Players (edition June 2020), and considering that the
present claim was lodged on 15 February 2020, the January 2020 edition of said regulations
(hereinafter: Regulations) is applicable to the matter at hand as to the substance.
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35. The competence of the DRC and the applicable regulations having been established, the DRC
entered into the substance of the matter. In this respect, the DRC 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 he considered pertinent for the assessment of the matter at
hand.
B. Burden of proof
36. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 12 par. 3 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 DRC stressed the wording of art. 12 par. 4 of
the Procedural Rules, pursuant to which it may consider evidence not filed by the parties.
37. In this respect, the Chamber also recalled that in accordance with art. 6 par. 3 of Annexe 3 of the
Regulations, FIFA’s judicial bodies may use, within the scope of proceedings pertaining to the
application of the Regulations, any documentation or evidence generated or contained in TMS.
C. Merits of the dispute
I.
Main legal discussion and considerations
38. The fundamental disagreement between the parties, at the basis of the present dispute, is the
interpretation and execution of the buy-out clause, holding the parties different opinions
regarding as to the compliance of the Respondents with the requirements therein contained.
39. In this regard, the DRC analysed the wording of the buy-out clause and determined that the clause
clearly stipulated that in case an offer USD 11,875,000 is made at any time for the player, the
Claimant is obliged to accept it within 5 days as from the presentation of the offer, provided that
the player’s previous consent was given, being the Claimant also obliged to sign the transfer
contract and execute all necessary actions for his transfer, the FMF being explicitly authorised to
confirm the transfer and deliver the ITC. The relevant clause further provided that, should
Monterrey fail to act in accordance with the aforementioned provision, the player would be
entitled to unilaterally terminate the contract.
40. In this context, the DRC examined the documentation brought forward by the different parties to
the proceedings and carefully checked whether the conditions set in the buy-out clause were or
were not met. The Chamber firstly noted that, by means of its letter dated 31 January 2020, Inter
sent an offer of USD 11,875,000 to Monterrey for the acquisition of 100% of the player’s
economic rights, urging the Claimant to sign the corresponding transfer agreement within the
following 5 days. Hence, the Chamber concluded that the first of the conditions set in the buyout clause was indeed complied with by Inter, insofar the amount offered by the latter amounted
to the exact amount agreed in the buy-out clause.
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41. The above being clarified, the Chamber analysed whether the second condition of the buy-out
clause –the player’s consent to his transfer from Monterrey to Inter– was complied with. In this
respect, the DRC noted that, by means of his correspondence dated 4 February 2020, the player
communicated to the Claimant his express consent to be transferred from Monterrey to Inter.
Thus, the Chamber unanimously concluded that both Respondents had duly complied with the
conditions set in the buy-out clause.
42. Notwithstanding the above, the DRC noted that the Claimant did not agree to sign the agreement
over the transfer of the player from Monterrey to Inter, despite the player and Inter having
complied with conditions of the buy-out clause.
43. In view of the above-mentioned circumstances, the DRC noted that, since the Claimant failed to
sign the relevant transfer agreement 5 days after the date on which the offer was received by the
Claimant, the player could not be transferred in accordance with the terms and conditions of the
buy-out clause and, hence, the scenario of the unilateral termination of the contract by the player
against payment of the amount of USD 11,875,000 came to place.
44. In this respect, the Chamber acknowledged that, on 12 February 2020, the player unilaterally
terminated the contract in writing, duly notifying the Claimant of his termination and that the
MLS proceeded to make the payment of USD 11,875,000 –on behalf of Inter– to the Claimant.
45. In this point, the DRC noted the arguments raised by the Claimant, which stated that, on the one
hand, Inter failed to make the entire payment of the amount of USD 11,875,000, since said
amount was to be received by the Claimant net; and, on the other hand, that Inter acted in
contravention of art. 18.3 of the RSTP, insofar it did not inform the Claimant of its intention to
conclude a contract with the player.
46. In view of all the aforesaid arguments and considerations, the DRC determined that, from the
documentation on file and the chronology of the facts, endorsed by all parties, Inter and the
player indeed followed the strict steps provided for in the buy-out clause. Thus, –continued the
Chamber– any claim for compensation or sanctions in accordance with art. 17 must be rejected.
47. Furthermore, as to the argument of the Claimant concerning the infraction committed by the
Inter regarding clause 18.3 of the RSTP, the Chamber referred once again to the wording of the
buy-out clause, which specifically contemplates the scenario of a third club making an offer for
the player in question and concluded that, insofar it was foreseen in the contract that a third club
may make an offer to the Claimant for the transfer of the player, said action could not constitute
an inducement of Inter to get the player breach his contract with the Claimant, since the Claimant
had willingly abided to that possibility when signing the contract. Hence, the request of the
Claimant in this regard shall be rejected, since the buy-out clause can be exercised at any time
upon the only condition that the relevant fee is paid, which did occur in the present case.
48. Moreover, the Chamber referred to Monterrey’s allegation that the amount due as buy-out fee
was net, and determined that, as stressed by the Respondents, insofar no such specification was
made in the aforementioned buy-out clause and since the clause included in the annexe
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concerning the player’s remuneration appears to refer to the latter only. In fact, if the intention
of the parties had been to stipulate a net buy-out fee –explained the Chamber–, a similar clause
would have been included for such payment obligation.
49. Finally, the Chamber addressed the argument brought by the Claimant regarding the closure of
the transfer window in Mexico and the situation of impossibility the Claimant faced when the
player left the club. In this respect, the Chamber deemed that, even if the precise moment in
which the buy-out clause was exercised could be in detriment of the Claimant’s interest, the buyout clause did not specify a specific period in which it could be exercised, leaving it open to the
will of the player and a third club to exercise such option at any time.
50. In light of the foregoing considerations, the DRC unanimously decided that the Claimant’s claim
should be rejected in its entirety.
II. Costs
51. The Chamber referred to article 18 par. 2 of the Procedural Rules, according to which “DRC
proceedings relating to disputes between clubs and players in relation to the maintenance of
contractual stability as well as international employment related disputes between a club and a
player are free of charge”. Accordingly, the Chamber decided that no procedural costs were to
be imposed on the parties.
52. Likewise and for the sake of completeness, the Chamber recalled the contents of art. 18 par. 4 of
the Procedural Rules, and decided that no procedural compensation shall be awarded in these
proceedings.
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IV. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Rayados de Monterrey, is rejected.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 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 (cf. CAS Directives at Legal.FIFA.com).
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. article 20 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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DIRECTIONS WITH RESPECT TO THE APPEALS PROCEDURE BEFORE CAS
(Code of Sports-related Arbitration, 2017 edition)
The CAS appeals arbitration procedure is provided by articles R47 et seq. of the Code of Sports-related
Arbitration (2017 edition, hereafter: the Code). This procedure can be summarised as follows:
1.
Any party intending to challenge a final motivated decision issued by a F IFA legal body, in
accordance with the FIFA Statutes, must file a statement of appeal with CAS within a twenty—onedaytime limit starting from the receipt of the decision challenged (article 58 of the F IFA Statutes).
In order to file an appeal at CAS, it is necessary to have first requested that a full decision with the
grounds be issued by FIFA. An appeal against the operative part of a F IFA decision only is not
admissible.
The exact address of the Court of Arbitration for Sport is:
Court of Arbitration for Sport
Chateau de Béthusy
Avenue de Beaumont 2
CH-1012 Lausanne
Tel. (41.21) 613 50 00
Fax (41.21) 613 50 01
procedures@tas—cas.org
www.tas-cas.org
To be admissible, the statement of appeal shall be drafted imperatively in English or in French
(article R29 of the Code) and contain the following elements :
-
-
-
-
the name and full address of the Respondent(s);
a copy of the decision appealed against;
the Appellant's request for relief;
the appointment of the arbitrator chosen by the Appellant from the CAS list, unless the
Appellant requests the appointment of a sole arbitrator (clause 3 below); the list of CAS
members is published on www.tas-cas.org;
applicable, an application to stay the execution of the decision appealed against,
together with reasons (the statement of appeal filed with CAS does not stay automatically
the execution of the decision challenged, save for decisions which are exclusively of a
financial nature);
a copy of the provisions of the statutes or regulations or the specific agreement providing
for appeal to the CAS;
the evidence of the payment of the Court Office fee of CHF 1’000 (Credit Suisse, Rue
du Lion d'Or 5-7, CF. 2468, 1002 Lausanne; account n°: 0425-384033—71).
if
The arbitration procedure is allocated to a Panel composed of three arbitrators and constituted
pursuant to the rules provided by article R54 of the Code. The Appellant may however request that
a sole arbitrator be appointed by the President of the CAS Appeals Arbitration Division.
Within ten days following the expiry of the time limit for the filing of the statement of appeal, the
Appellant shall file with the CAS an appeal brief stating the facts and legal arguments giving rise to
the appeal, together with all exhibits and specifications of other evidence upon which it intends to
rely, failing which the appeal shall be deemed withdrawn (article R51 of the Code). Furthermore, in
its written submissions, the Appellant shall specify any witnesses, including a brief summary of their
’l‘ribtmal Arbitral du Sport.
Court ofArbitration for Sport
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expected testimony, and experts, stating their area of expertise, whom it intends to call at the hearing
and state any other evidentiary measure which it requests.
Within twenty days from the receipt of the appeal brief, the Respondent shall submit to the CAS an
answer containing the following elements :
—
-
-
a statement of defence;
any defence of lack of jurisdiction;
any exhibits or specification of other evidence upon which the Respondent intends to
rely, including the names of the witnesses, including a brief summary of their expected
testimony, and experts, stating their area of expertise, whom it intends to call at the
hearing.
The statement of appeal and any other written submissions, printed or saved on digital medium,
must be filed by courier delivery to the CAS Court Office by the parties in as many copies as there
are other parties and arbitrators, together with one additional copy for the CAS itself, failing which
the CAS shall not proceed. If they are transmitted in advance by facsimile or by electronic mail at
the official CAS email address (procedures@tas—cas.org), the filing is valid upon receipt of the
facsimile or of the electronic mail by the CAS Court Office provided that the written submission
and its copies are also filed by courier within the first subsequent business day of the relevant time
limit (article R31 of the Code).
The time limits fixed under the Code shall begin from the day after that on which notification by
the CAS is received. Official holidays and non-working days are included in the calculation of time
limits. The time limits fixed under the Code are respected the communications by the parties are
sent before midnight, time of the location of their own domicile or, if represented, of the domicile
of their main legal representative, on the last day on which such time limits expire. If the last day of
the time limit is an official holiday or a non-business day in the location from where the document
is to be sent, the time limit shall expire at the end of the first subsequent business day (article R32
of the Code).
if
In accordance with articles R64 and R65 of the Code, the CAS determines the possible advance of
costs that the parties must pay to the CAS within a certain time limit. In the absence of payment of
such advance of costs, the appeal shall be deemed withdrawn and the CAS shall terminate the
arbitration.
For individuals, the CAS has created a legal aid fund. The form and the legal aid guidelines are
available on www.tas-cas.org. However, the payment of the Court Office fee of article R64.l or
R652 of the Code remains mandatory before any procedure may be initiated even though a request
for legal aid has been filed.
At the end of the written proceedings, the CAS summons the parties to a hearing, without prejudice
to article R57 §2 of the Code.
10.
The CAS shall have full power to hear the case de novo. It may issue a new decision which replaces
the decision challenged or annul the decision and/or refer the case back to the competent authority
for a new decision.
11.
The award, a summary and/or a press release setting forth the results of the proceedings shall be
made public by the CAS, unless both parties agree that they should remain confidential. A copy of
the award is notified to FIFA the latter is not a party to the proceedings.
if
In case of discrepancy between the present document and the Code, the provisions of the Code shall
prevail.
2337';
:'_’u;%.:_-;
Tribunal Arbitral du Sport
Court of Arbitration [or Sport
Schedule of arbitration costs in force as of 1 January 2017 (extract)
Administrative costs
The CAS fixes the administrative costs for each case of arbitration subject to Article R64 of the Code in
accordance with the table below, or at its discretion when the amount disputed is not declared or there is
no value in dispute. The value in dispute taken into consideration is the one indicated in the statement of
claim/appeal brief or in the counterclaim, if any, if it is higher. If the circumstances of a given case make
this necessary, the CAS may fix administrative costs at an amount above or below that shown on the table
below.
For a disputed sum
(in Swiss fiancs)
up to 50000
From 50'001 to 100'000
From 100'001 to 500'000
From 500'001 to 1'000'000
From 1'000'001 to 2'500'000
From 2'500'001 to 5'000'000
From 5'000'001 to 10'000'000
Above 10'000'000
Administrative costs
CHF 100.- to CHF 2'000.CHF 2000- + 1.50% of amount in excess of 50'000.CHF 2'750.- + 1.00% of amount in excess of 100'000.—
CHF 6'750.- + 0.60% of amount in excess of 500'000.CHF 9'750.- + 0.30% of amount in excess of 1'000'000.CHF 14'250.- + 0.20% of amount in excess of 2'500'000.CHF 19'250.- + 0.10% of amount in excess of 5'000'000.CHF 25'000.-
Arbitrators' costs and fees
The amount of fees to be paid to each arbitrator is fixed by the Secretary General of the CAS on the basis
of the work provided by each arbitrator and on the basis of time reasonably devoted to their task by the
members of each Panel. In principle, the following hourly fees are taken into account:
For a disputed sum
(in Swiss Francs)
Fees
Up to 2'500'000
From 2'500'001 to 5'000'000
From 5'000'001 to 10'000'000
From 10'000'001 to 15'000'000
Above 15'000'000
CHF 300.CHF 350.CHF 400.CHF 450.CHF 500.-