The case involves a dispute between Club Sportif Sfaxien (Appellant) and Ashantigold Sporting Club (Respondent) over a transfer contract for football player O., signed in July 2007. The contract included a transfer fee of USD 80,000 and a resale clause requiring the Appellant to pay 30% of any surplus from a future transfer after deducting agent fees. In December 2008, the player was transferred to Al Sadd for EUR 2,500,000, prompting the Respondent to file claims with FIFA for unpaid fees and resale compensation. FIFA’s Single Judge partially upheld the resale claim, ordering the Appellant to pay EUR 733,766 (30% of the transfer fee minus the original USD 80,000). The Appellant appealed to the Court of Arbitration for Sport (CAS), arguing that agent fees (EUR 500,000) should have been deducted before calculating the 30% share, reducing the amount owed to EUR 231,538. The Respondent did not contest CAS jurisdiction but disputed the deduction, citing lack of evidence and potential violations of FIFA rules.
The Sole Arbitrator confirmed CAS jurisdiction and applied FIFA regulations and Swiss law. The arbitrator found the Appellant’s claim for deducting agent fees unsubstantiated due to insufficient evidence, including the absence of witness statements or credible documentation. The arbitrator noted the improbability of such a significant commission going unmentioned in earlier proceedings. Consequently, the appeal was dismissed, upholding FIFA’s original decision. The arbitrator also clarified that, based on the contract’s wording, any agent fees should be deducted before calculating the 30% share, but this point became moot due to the lack of evidence. The final ruling affirmed the Respondent’s entitlement to 30% of the transfer fee minus the original USD 80,000, rejecting the Appellant’s arguments and maintaining the original award. The case underscores the importance of transparency and adherence to contractual and regulatory requirements in football transfers.