The case involves an appeal by Barcelona Sporting Club against a decision by the FIFA Single Judge regarding a dispute with coach Benito Floro Sanz, stemming from the termination of their employment agreement. The Club failed to meet financial obligations, leading the Coach to file a claim with FIFA, which ruled in his favor, awarding USD 625,100 for breach of contract. The Club contested FIFA's jurisdiction, arguing that the Camara de Mediacion y Resolucion de Disputas (CMRD) of the Ecuadorian Football Federation (FEF) should handle the dispute. The key legal issue was whether FIFA had jurisdiction, given the absence of an independent national arbitration tribunal meeting FIFA's standards for fair proceedings, as outlined in FIFA Circular No. 1010. The burden of proof was on the Club to demonstrate the CMRD's compliance with these standards, which it failed to do.
The Panel examined the employment and termination agreements, which stipulated jurisdiction for FEF and FIFA in case of disputes. The Club defaulted on payments, prompting the Coach to seek FIFA's intervention. The Club's argument that the CMRD was competent was dismissed because its regulations explicitly covered only disputes between clubs and players, not coaches. The Panel also noted that the termination agreement allowed for alternative dispute resolution venues, not exclusive jurisdiction by the FEF.
The Court of Arbitration for Sport (CAS) proceedings included written submissions and a hearing held on 2 December 2013, though the Club did not attend despite prior confirmation. The Panel, composed of arbitrators from Israel, Spain, and the Netherlands, confirmed its jurisdiction under FIFA statutes and Swiss law. The Club sought to annul FIFA's decision and declare the CMRD as the competent body, while the Coach and FIFA requested dismissal of the appeal and upheld the original decision.
The Panel concluded that the FIFA Single Judge was competent to hear the dispute, as no independent national arbitration tribunal meeting FIFA's standards existed for coach-club disputes. The Club did not contest the substantive findings regarding compensation, leading the Panel to uphold the Single Judge's award. The ruling reinforced FIFA's jurisdiction in cases where national bodies lack appropriate mechanisms, emphasizing procedural fairness and the hierarchy of dispute resolution in international football governance. The appeal was dismissed, and the Club was ordered to contribute EUR 5,000 towards the Coach's legal fees. The final award was issued on 24 March 2014, confirming the FIFA Single Judge's decision and rejecting all other requests. The case underscores the importance of jurisdictional clarity and the procedural requirements for resolving disputes in international sports governance.