The Court of Arbitration for Sport (CAS) resolved a complex dispute between Club Cagliari Calcio S.p.A. (Italy) and Club Olimpia Deportivo (Honduras) concerning a football player transfer agreement from 1999. The case centered on the validity of a contract for the transfer of player D. from Olimpia Deportivo to Cagliari Calcio, with a transfer fee of $2.2 million. The agreement included royalty clauses entitling Olimpia to 15-20% of any future transfer fee if the player was sold for more than $7 million. The dispute arose when Cagliari failed to pay Olimpia its share after the player was transferred to FC Internazionale Milano for €14 million in 2007.
The FIFA Players’ Status Committee ruled in favor of Olimpia in 2010, ordering Cagliari to pay $2,514,723 in installments, plus interest and penalties. Cagliari appealed to CAS, challenging the authenticity of the 1999 agreement and arguing it had been replaced by a separate agreement with an agent, P. The CAS panel, composed of Efraim Barak, José Juan Pinto, and Michele Bernasconi, examined multiple issues, including the admissibility of a counterclaim by Olimpia, the genuineness of the contract signature, and the submission of new evidence. The panel ruled Olimpia’s counterclaim inadmissible, as it violated the 2010 CAS Code, which no longer permitted such claims.
An independent expert, Dr. Raymond Marquis, analyzed the disputed signature on the agreement and concluded it was likely genuine, despite minor uncertainties. The panel upheld this finding, rejecting Cagliari’s request for additional expert analysis. Witness testimonies and evidence confirmed that the agreement was signed by the parties involved, and the panel found no proof of forgery or tampering. The panel also dismissed Cagliari’s claim that the agreement with agent P. nullified the original contract, noting there was no evidence P. had authority to represent Olimpia.
Ultimately, the CAS panel upheld FIFA’s decision, confirming Cagliari’s obligation to pay Olimpia the agreed royalties. The ruling emphasized the importance of clear documentation and adherence to contractual terms in international player transfers. The case highlights the role of CAS in resolving sports-related disputes through thorough examination of evidence and expert testimony, ensuring fairness and contractual compliance in football transactions. The panel’s decision reinforced the binding nature of signed agreements and the consequences of failing to honor contractual obligations.