The case involves a legal dispute between professional football player Fábio Rochemback and Dalian Aerbin FC, which was initially heard by FIFA's Dispute Resolution Chamber (DRC) and later appealed to the Court of Arbitration for Sport (CAS). The dispute centered on unpaid amounts under Rochemback's employment contract and an image rights agreement. The CAS panel, led by sole arbitrator Efraim Barak, addressed two main legal issues: the admissibility of evidence and the scope of FIFA DRC's jurisdiction in employment-related disputes. The panel affirmed its broad discretion to admit or exclude evidence based on procedural fairness and the circumstances of the case. It also interpreted FIFA's jurisdiction broadly, extending beyond strict employment contracts to include disputes related to employment relations, such as image rights agreements, if they were integral to the employment relationship.
The factual background revealed that Rochemback and Dalian Aerbin FC had signed an employment contract in 2012, which included provisions for salary, bonuses, and airfare. A separate image rights agreement stipulated substantial payments for the use of the player's image. Rochemback filed a claim with FIFA DRC in 2014, seeking unpaid amounts under both agreements. The FIFA DRC partially accepted his claim, ordering payment for airfare and bonuses but rejected the claim related to image rights, citing lack of jurisdiction. Rochemback appealed to CAS, arguing that the image rights agreement was part of his employment relationship. The CAS panel examined whether the agreement was supplementary to the employment contract and thus within FIFA DRC's competence.
The CAS upheld the FIFA DRC's decision regarding the flight tickets, awarding Rochemback USD 28,500, but partially overturned the DRC's ruling on the image rights agreement. The panel concluded that the agreement was closely tied to the employment contract and formed part of the employment relationship, making it subject to FIFA DRC's jurisdiction. Key factors included the club's direct responsibility for payments under the image rights agreement, the timing of payments resembling a signing-on fee, and the interconnected nature of the financial arrangements. The panel ruled that Rochemback was entitled to USD 890,000 as outstanding remuneration under the image rights agreement, plus 5% annual interest from the due dates. The decision highlighted the importance of contractual intent and the practical execution of agreements in determining their legal implications.
The case underscores the complexities of employment-related disputes in football, particularly regarding image rights agreements, and emphasizes the need for jurisdictional clarity in arbitration. The CAS panel's ruling reinforced the principle that supplementary agreements integral to employment relationships fall within FIFA's jurisdiction, ensuring comprehensive dispute resolution. The outcome also demonstrated the panel's commitment to procedural fairness and a contextual assessment of contractual relationships. The decision serves as a precedent for future cases involving similar disputes, clarifying the boundaries of FIFA DRC's competence and the admissibility of evidence in CAS proceedings. The case concluded with a balanced resolution, addressing the player's claims while respecting the procedural limits of the appeal.