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2011 Football Transfer Inadmissible FR Appeal Procedure

Arbitrators

President: François Klein

Decision Information

Decision Date: December 12, 2011

Case Summary

The Court of Arbitration for Sport (CAS) case 2011/A/2366 involved Sable Football Club de Batie (Sable) appealing a decision by the Cameroonian Football Federation (FECAFOOT) and two other clubs, Jeunesse Star Football Club de Yaoundé and Sahel Football Club de Maroua, regarding the transfer of a player. The dispute centered on whether a payment of $80,000 from an Algerian club, Chabab Ahly Bordj Bou Arreridj (CAB.B.A.), constituted a transfer fee or training compensation under FIFA regulations. FECAFOOT's National Dispute Resolution Chamber (CNRL) ruled that the payment was training compensation, as the player had been an amateur when transferred, and ordered Sable to distribute the amount to the other clubs based on the player's training history. Sable contested this, arguing the payment was a transfer fee, but the CNRL found that Sable had previously acknowledged it as training compensation in correspondence with FECAFOOT.

Sable appealed to the CAS, claiming the CNRL's decision did not specify the available legal remedies or deadlines, preventing it from filing within the 21-day limit. Sable also argued it had filed an appeal with FECAFOOT's Executive Committee, which was still pending, alleging a denial of justice. The respondents countered that the appeal was inadmissible due to the 11-month delay and that the CNRL's decision was not required to specify remedies. The CAS arbitrator ruled that the lack of information on remedies did not justify the delay, as Sable had legal counsel and should have proactively sought clarification. The arbitrator emphasized Swiss legal principles requiring parties to act in good faith and not rely indefinitely on procedural irregularities.

Ultimately, the CAS declared Sable's appeal inadmissible, upheld the CNRL's decision, and ordered Sable to bear arbitration costs. The ruling highlighted the importance of procedural diligence, adherence to deadlines, and the responsibility of parties to seek correct legal avenues when information is missing. The case underscored the strict procedural requirements in CAS arbitration and reinforced the principle that parties cannot benefit from their own procedural negligence. The decision was finalized on December 12, 2011, concluding the dispute with a dismissal of Sable's appeal and a reaffirmation of the training compensation ruling.

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