The case CAS 2014/A/3586 Al-Masry SC v. Warri Wolves FC, decided by the Court of Arbitration for Sport (CAS) on 11 December 2014, involved a dispute between Egyptian club Al-Masry SC and Nigerian club Warri Wolves FC over a player transfer agreement. The conflict arose from Al-Masry's failure to pay a $200,000 transfer fee for Nigerian player J., as stipulated in their 29 August 2012 agreement. The agreement required payment upon receipt of the player’s International Transfer Certificate (ITC) and allowed Warri Wolves to reclaim the player if payment was not made. Al-Masry delayed payment, citing administrative issues, prompting Warri Wolves to file a claim with FIFA on 31 October 2012. FIFA ruled in favor of Warri Wolves on 20 November 2013, ordering Al-Masry to pay the fee plus 5% annual interest from 31 October 2012. Al-Masry appealed to the CAS on 23 April 2014, alleging fraud and claiming it was misled into the contract.
The CAS panel, composed of Mr. Olivier Carrard, Mr. Rui Botica Santos, and Mr. François-Charles Bernard, found the appeal inadmissible because Al-Masry had not exhausted prior legal remedies by failing to raise its fraud claim before FIFA’s Players’ Status Committee, as required by Article R47 of the CAS Code. The panel also dismissed Al-Masry’s procedural objections regarding the hearing schedule, noting that one month was sufficient time for the club to appoint new counsel after its original representative withdrew. During the hearing on 8 October 2014, Al-Masry did not attend, while Warri Wolves withdrew its claim that Al-Masry had delayed requesting FIFA’s decision grounds.
On the merits, the CAS upheld FIFA’s decision, ruling that the transfer agreement was valid and enforceable. It rejected Al-Masry’s fraud allegations, finding no evidence that the player was not under contract with Warri Wolves at the time of signing. The panel also clarified that Article 3 of the agreement granted Warri Wolves the right, but not the obligation, to reclaim the player if payment was unpaid. Additionally, the CAS dismissed Al-Masry’s attempt to deduct $10,000 under FIFA’s solidarity mechanism, as the claim had not been raised earlier. The panel emphasized Al-Masry’s prior acknowledgments of the debt and its contractual actions, such as entering into a loan agreement for the player.
Ultimately, the CAS confirmed Al-Masry’s obligation to pay the $200,000 transfer fee plus interest, upholding FIFA’s original decision. The ruling reinforced the importance of adhering to procedural requirements in sports arbitration and fulfilling contractual obligations in player transfers. The case underscored that parties must exhaust all internal remedies before appealing to the CAS and that contractual terms must be honored unless proven invalid. The CAS dismissed all other claims by Al-Masry, concluding the dispute with a final and binding decision.