The case involves a dispute between RCD Mallorca SAD, a Spanish football club, and a Guinean professional football player (the Player) against FIFA and UMM Salal SC, a Qatari football club. The conflict arose from the Player signing two conflicting contracts: one with Mallorca on February 1, 2008, valid from July 1, 2008, to June 30, 2013, and another with UMM Salal on March 17, 2008, valid from July 1, 2008, to June 1, 2010. On May 3, 2008, the Player informed UMM Salal he could not fulfill the second contract due to prior obligations with another club, Al Ittihad, and requested its cancellation. UMM Salal filed a claim with FIFA on October 15, 2008, alleging breach of contract without just cause and sought USD 2,000,000 in compensation from the Player, with Mallorca jointly liable. The Player denied the allegations, claiming just cause for termination, while Mallorca argued it could not have induced the breach since the second contract was signed later and accused UMM Salal of acting in bad faith by delaying the Player’s International Transfer Certificate (ITC), causing him to miss matches and resulting in a USD 111,000 compensation claim from Mallorca.
On May 15, 2009, FIFA’s Dispute Resolution Chamber partially accepted UMM Salal’s claim, ordering the Player to pay USD 160,000 in compensation and imposing a four-month playing ban. Mallorca and the Player appealed to the Court of Arbitration for Sport (CAS) on July 16, 2009, requesting a stay of FIFA’s decision. They argued the Player would suffer irreparable harm by missing crucial matches, especially since FIFA had cleared Mallorca of responsibility. They also contended the appeal had strong merits, as the second contract never took effect due to the Player’s termination before its start date. FIFA did not oppose the stay, citing CAS’s consistent practice of granting such requests, while UMM Salal did not respond.
The CAS, under Article R47 of its Code and FIFA Statutes, confirmed its jurisdiction and noted the appeal complied with procedural requirements. Since no panel had been constituted, the President of the Appeals Arbitration Division ruled on the provisional measures. Given the lack of opposition and aligning with CAS jurisprudence, the President granted the stay, emphasizing its consistency with prior cases. The CAS ultimately allowed the provisional measures, staying FIFA’s decision pending the full appeal. This ensured the Player could continue playing while the appeal was resolved, preventing immediate harm to both the Player and Mallorca. The costs associated with the order were deferred to the final award, and the ruling temporarily suspended the restriction on the Player’s eligibility until the arbitration process concluded.