The case revolves around a contractual dispute between the Kedah Football Association (Kedah) and professional football player Adriano Pellegrino, which was adjudicated by the FIFA Dispute Resolution Chamber (FIFA DRC) and later appealed to the Court of Arbitration for Sport (CAS). The conflict stemmed from issues surrounding Pellegrino’s employment contracts and the transfer of his International Transfer Certificate (ITC). Kedah initially signed Pellegrino in November 2013 under a contract valid until November 2014, but due to registration issues under FAM regulations, the contract was terminated by mutual agreement in February 2014. This agreement stipulated that Kedah would pay Pellegrino $120,000 unless he re-signed with the club by March 23, 2014. Pellegrino briefly played for a Cambodian club, Asia Euro, before re-signing with Kedah in March 2014 under a new contract.
A central point of contention was the ITC, which Kedah claimed Pellegrino failed to secure from the Cambodian Football Federation (FFC). Kedah argued this breach justified terminating the contract, while Pellegrino maintained that securing the ITC was not his responsibility under FIFA regulations. The FIFA DRC ruled in Pellegrino’s favor, stating that the obligation to transfer the ITC lies with the former association, not the player. Kedah appealed to the CAS, which upheld the FIFA DRC’s decision, emphasizing that only the second contract was relevant for determining jurisdiction and that FIFA regulations clearly place the ITC transfer responsibility on the former association.
The CAS dismissed Kedah’s appeal, affirming the FIFA DRC’s jurisdiction and the absence of any player obligation regarding the ITC. The ruling clarified that the failure to obtain the ITC was due to administrative shortcomings by the relevant associations, not Pellegrino’s actions. Since Kedah failed to meet the conditions of the Mutual Termination Agreement—specifically, registering Pellegrino by the stipulated deadline—the club remained liable for the $120,000 payment. The CAS also rejected Kedah’s argument that the compensation was excessive, noting it was less than the residual value of Pellegrino’s original contract. The Panel ordered Kedah to pay the amount with interest from April 2, 2014, until the date of actual payment, and dismissed all other claims.
The case underscores the importance of contractual obligations in football transfers and reinforces FIFA’s regulatory framework, particularly regarding the ITC process. It also highlights the role of dispute resolution mechanisms within FIFA and CAS in addressing such conflicts. The final decision upheld the principle that administrative responsibilities in player transfers lie with the clubs and associations, not the players themselves.