The case CAS 2016/A/4560 involved a dispute between Al Arabi SC Kuwait (the Club), Papa Khalifa Sankaré (the Player), and Asteras Tripolis FC (the Second Respondent) regarding the termination of an employment contract. The Club appealed a decision by FIFA's Dispute Resolution Chamber (DRC), which had ruled in favor of the Player. The Court of Arbitration for Sport (CAS) panel, composed of arbitrators from Bulgaria, China, and Greece, addressed several key legal issues. The dispute centered on the Club's failure to register the Player, which prevented him from competing in official matches, along with non-payment of salaries and failure to provide agreed-upon benefits. The Player terminated the contract in November 2013 and later joined Asteras Tripolis FC.
The CAS panel clarified procedural matters, emphasizing that respondents in appeal proceedings cannot introduce new claims or counterclaims not previously raised before the initial decision-making body. It also examined the concept of "just cause" for contract termination, ruling that the Club's failure to register the Player and meet financial obligations constituted a material breach justifying termination. The panel applied the "positive interest" principle to calculate compensation, ensuring the Player was placed in the position he would have been in had the contract been properly performed. The total value of the contract was $900,000, with $150,000 already paid. The Player's subsequent earnings of $380,000 were deducted, resulting in a net compensation of $370,000.
The panel rejected the Club's arguments, including its claim that the Player lacked just cause for termination and its attempt to shift blame for the International Transfer Certificate (ITC) issue. The Club's cancellation of the ITC request and failure to proactively resolve registration issues were deemed critical failures. The panel upheld the DRC's decision, affirming the Player's right to terminate the contract and awarding him compensation. It also dismissed the Club's appeal and awarded the Player CHF 50,000 in costs.
The case underscored the importance of contractual stability in football and the obligations of clubs to fulfill their commitments to players. The ruling reinforced the principle of pacta sunt servanda (agreements must be kept) and highlighted the legal consequences for clubs that unjustly prevent players from competing. The panel's decision was final, with no further adjustments or considerations granted, emphasizing the accountability of clubs in employment relationships within professional football.