The Court of Arbitration for Sport (CAS) issued a ruling on January 31, 2014, in the dispute between FC BATE Borisov and Aleksandr Petrovich Gutor, a professional football player. The case centered on Gutor’s unilateral termination of his employment contract with BATE, which he claimed was justified under sporting just cause due to his limited participation in official matches during the 2012 season. The CAS panel, composed of José Juan Pintó, Efraim Barak, and Bernhard Heusler, examined jurisdiction, the validity of the termination, and the determination of financial compensation. The panel affirmed CAS’s jurisdiction, noting that the Belarusian Football Federation’s (ABFF) statutes recognized CAS as an independent arbitral tribunal and that all internal legal remedies had been exhausted. The panel emphasized CAS’s authority under FIFA statutes to resolve employment-related disputes in football.
Gutor argued that his termination was justified under Article 9.11 of the ABFF Regulations on the Status and Transfer of Players (RSTP), which allows a player to terminate a contract if they participate in fewer than 10% of official matches in a season. While the panel acknowledged that Gutor met the playing time threshold (participating in only 4 out of 42 or 43 matches), it found that he failed to comply with the procedural requirement of notifying the ABFF within 15 days of the club’s last official match. The panel determined that the 15-day period began on November 25, 2012, the date of BATE’s last national championship match, making Gutor’s termination notice on December 20, 2012, invalid. Additionally, the panel noted that Gutor’s termination letter, sent via fax and email after business hours, lacked proper authentication under Belarusian law.
The panel concluded that Gutor’s termination was without sporting just cause, rendering him liable to pay compensation to BATE. Under ABFF rules, compensation could be capped at three years of the player’s earnings, while FIFA RSTP allowed for up to five years. The panel considered mitigating factors, including Gutor’s confusion over the notice period and his voluntary release for national team duties, which suggested the club did not highly value his services. Ultimately, the panel reduced the compensation from the initially claimed USD 1.8 million to USD 200,000, plus 5% annual interest from the date of the claim. The decision underscored the importance of adhering to procedural requirements in contract terminations and highlighted CAS’s role in balancing contractual obligations with the unique circumstances of sports disputes.
The ruling also addressed jurisdictional and procedural challenges raised by Gutor, including objections to CAS’s authority and the language of proceedings. The panel dismissed these challenges, affirming CAS’s jurisdiction under Swiss law and the principle of Kompetenz-Kompetenz, which allows arbitral tribunals to determine their own jurisdiction. The panel maintained that English was the appropriate language for proceedings, as Gutor had not formally objected initially. The case highlighted the complexities of sports arbitration, including the interplay between national federation rules and international regulations, and reinforced the need for strict compliance with contractual and procedural requirements in football disputes. The final decision upheld BATE’s claim, ordering Gutor to pay compensation while considering fairness and the specificity of sport.