The case involves an arbitration dispute between FC Union Berlin (Appellant) and Changchun Yatai Football Club (Respondent) before the Court of Arbitration for Sport (CAS). The dispute stemmed from a decision by FIFA’s Players Status Committee, which the Appellant sought to overturn. On 31 January 2014, the Appellant filed a statement of appeal, initially labeled as a "request for arbitration," against the FIFA decision. The CAS Court Office acknowledged receipt on 7 February 2014 and explicitly informed the Appellant of the requirements under Article R51 of the CAS Code. This article mandates that the Appellant must either file an appeal brief within 10 days after the appeal deadline or declare within the same period that the statement of appeal should be considered as the appeal brief. Failure to comply would result in the appeal being deemed withdrawn.
On 14 February 2014, the Appellant informed the CAS that its statement of appeal should be treated as the appeal brief. However, the CAS Court Office noted that this declaration was submitted one day after the deadline (13 February 2014) and warned that unless the Respondent agreed to its admissibility by 21 February 2014, the appeal would be considered withdrawn. The Appellant contested this decision, arguing that the appeal should proceed, while the Respondent did not participate in the proceedings or submit any comments.
The Deputy President of the CAS Appeals Arbitration Division provisionally treated the Appellant’s initial submission as a combined statement of appeal and appeal brief, pending further review. A Sole Arbitrator, Patrick Lafranchi, was appointed to decide whether the appeal should be terminated under Article R51 of the CAS Code. The Arbitrator emphasized that Article R51 is clear and serves to ensure predictability and equality between parties. The requirement for an explicit declaration that the statement of appeal serves as the appeal brief is mandatory to avoid confusion, and the consequences of missing the deadline are foreseeable, especially for parties represented by legal professionals.
The Arbitrator concluded that the Appellant’s failure to meet the deadline under Article R51 justified the appeal being deemed withdrawn. The decision underscores the importance of adhering to procedural deadlines and the clarity of the CAS Code’s provisions, which do not allow for excessive formalism unless the Respondent agrees to an extension. The case highlights the strict enforcement of procedural rules in arbitration to maintain fairness and legal certainty. The CAS ruled that the appeal filed by FC Union Berlin against the decision of FIFA’s Players Status Committee could not be entertained and was considered withdrawn, emphasizing the necessity of compliance with procedural timelines in legal proceedings.