The case revolves around a dispute between Tout Puissant Mazembe (TP Mazembe), a Congolese football club, and Alain Kaluyituka Dioko, a professional football player, along with Al Ahli SC, a Qatari football club. The central issue was whether a valid employment contract existed between TP Mazembe and Dioko, which would have prevented him from signing with Al Ahli SC without proper termination or compensation. TP Mazembe claimed Dioko was under contract until February 2014, while Dioko denied signing any such agreement, alleging the signature on the submitted copy was forged. The dispute escalated when Al Ahli SC attempted to register Dioko in 2011, but the Congolese Football Federation (FECOFA) initially refused to issue an International Transfer Certificate (ITC), citing an existing contract with TP Mazembe. FIFA’s Single Judge later allowed provisional registration for Al Ahli SC, noting TP Mazembe seemed more interested in financial compensation than retaining the player.
TP Mazembe filed a complaint with FIFA’s Dispute Resolution Chamber (DRC), seeking compensation and sanctions for breach of contract. However, the DRC ruled that TP Mazembe failed to sufficiently prove the existence of a written contract, as they only provided a copy and not the original signed agreement. Dissatisfied, TP Mazembe appealed to the Court of Arbitration for Sport (CAS). The CAS panel examined the burden of proof, emphasizing that under FIFA regulations, a professional player must have a written contract, and oral agreements are insufficient. The panel also considered Swiss law and CAS jurisprudence, which require original signatures for a contract to be valid. Ultimately, the CAS upheld the DRC’s decision, finding TP Mazembe did not meet the burden of proving the existence of a binding written contract with Dioko.
The case highlights the strict requirements for proving employment contracts in football disputes, particularly the necessity of original signed documents. The ruling reinforced that clubs must maintain proper documentation to enforce contractual claims, while players retain the right to challenge alleged agreements if proper evidence is lacking. The decision underscores the role of CAS in resolving complex disputes in international football, ensuring adherence to contractual and regulatory standards. The proceedings concluded with the CAS dismissing TP Mazembe’s appeal and upholding the FIFA DRC’s decision, confirming no valid employment contract existed between TP Mazembe and Dioko. The final award was issued on March 31, 2014.