The case involves Africa Sports d’Abidjan, a football club in Côte d’Ivoire, appealing a disciplinary decision by the Ivorian Football Federation (FIF) and USC Bassam. The dispute originated when USC Bassam accused Africa Sports of fielding a player, Stéphane Desson Inai, with allegedly falsified identity documents, including discrepancies in his name, date of birth, and place of birth. Initially, the FIF’s Disciplinary Commission dismissed USC Bassam’s complaint due to procedural issues but later reopened the case on its own initiative, imposing sanctions on Africa Sports, including a fine and a forfeited match recorded as a 5-0 loss. Africa Sports appealed to the FIF Appeals Commission, which upheld the decision.
Africa Sports then sought urgent provisional measures from the Court of Arbitration for Sport (CAS) to suspend the disciplinary decision, arguing that the sanctions would prevent their participation in the Superdivision phase of the Ivorian championship, causing financial and reputational harm. The FIF opposed the request, contending that suspending the decision would disrupt the league and harm other clubs, players, sponsors, and the public. USC Bassam supported the FIF’s position.
The CAS confirmed its jurisdiction under its Code and FIF statutes, as the appeal was filed within the required timeframe and the FIF’s statutes permitted CAS arbitration. The CAS then assessed the request for provisional measures based on established criteria: whether the appellant faced serious and irreparable harm, whether the appeal had a reasonable chance of success, and whether the appellant’s interests outweighed maintaining the status quo.
The CAS ruled that financial or reputational harm, as claimed by Africa Sports, does not qualify as irreparable harm under its jurisprudence, as such damages could be compensated later if the appeal succeeded. Additionally, Africa Sports failed to demonstrate irreparable sporting harm. Consequently, the CAS rejected the request for provisional measures, allowing the disciplinary decision to remain in effect pending the full appeal.
The Deputy President of the CAS Appeals Arbitration Division further clarified that financial or reputational harm, including potential exclusion from continental competitions, does not constitute irreparable damage, as it could be financially compensated. The argument regarding harm to the club’s supporters was dismissed, as it did not directly affect the club’s irreparable interests. Given these findings, the Deputy President deemed it unnecessary to evaluate other criteria for provisional measures. The costs of the procedural order were deferred to the final award or any subsequent decision concluding the arbitration. The decision was classified as a procedural order, not subject to appeal under Swiss law. Ultimately, Africa Sports’ request for provisional measures was rejected, with costs to be determined in the main proceedings. The case underscores the CAS’s emphasis on procedural fairness while safeguarding the integrity of sporting competitions.