Link copied to clipboard!
2016 Football Contractual litigations Dismissed English Appeal Procedure

Parties & Representatives

Appellant Representative: Nuno Rego
Respondent: Al Shabab Club

Arbitrators

President: Mark Hovell

Decision Information

Decision Date: February 9, 2017

Case Summary

The case involves a dispute between João António Soares de Freitas, a football intermediary, and Al Shabab FC, a Saudi Arabian football club, regarding unpaid commissions under two agreements signed in early 2015. The first agreement, related to the recruitment of a manager, stipulated a commission of €37,500, while the second, involving a player transfer, required a payment of $33,333. When the club failed to pay, the intermediary filed a claim with FIFA, which declined jurisdiction, citing its new Regulations on Working with Intermediaries effective from April 2015. These regulations removed FIFA's authority over disputes involving intermediaries, leaving parties to resolve conflicts through other forums. The intermediary then appealed to the Court of Arbitration for Sport (CAS), seeking payment of the outstanding amounts, interest, and legal costs. The CAS examined whether FIFA's communication constituted a formal decision and concluded that it did, as it intended to affect the legal situation of the parties. The CAS also confirmed that FIFA no longer had jurisdiction over intermediary disputes post-March 2015, emphasizing the need for clear contractual provisions on dispute resolution. Procedural challenges arose during the appeal, as the club refused to accept delivery of the initial documents. Despite this, the CAS proceeded with the arbitration, appointing a sole arbitrator, Mark A. Hovell, who determined that the case could proceed without a hearing based on written submissions. The sole arbitrator found that FIFA's decision to decline jurisdiction was correct, as the Intermediaries Regulations clearly indicated FIFA's intent to no longer handle such disputes. The arbitrator also noted the lack of transitional arrangements for pending cases and highlighted the distinction between contracts signed before and after the regulatory change. While the intermediary argued that the agreements included a clause specifying CAS as the first instance if FIFA ceased to accept claims, the CAS Appeals Arbitration Division lacked jurisdiction to hear the underlying financial claim. The sole arbitrator suggested the intermediary could pursue ordinary arbitration under CAS rules but dismissed the current appeal. Ultimately, the CAS upheld FIFA's decision, rejecting the intermediary's appeal in its entirety and confirming that FIFA would no longer accept such cases post-April 2015. The final ruling, issued on February 9, 2017, dismissed all further claims and upheld the original FIFA decision, concluding the case without further action. The case underscores the evolving landscape of football intermediary disputes and the role of CAS as an alternative resolution forum when FIFA declines jurisdiction.

Share This Case