The case involves a dispute between the Turkish football club Elaziğspor Kulübü and Brazilian player Fabio Alves da Silva regarding unpaid salaries and breach of contract, adjudicated by FIFA's Dispute Resolution Chamber (DRC) and later appealed to the Court of Arbitration for Sport (CAS). The dispute originated from two separate claims: the First Claim, involving unpaid salaries under a 2012 contract, and the Second Claim, concerning unpaid wages under a 2014 contract. The FIFA DRC ruled in favor of the player, ordering the club to pay €525,000 plus interest for the First Claim and €60,000 for the Second Claim. The club failed to comply, leading to disciplinary proceedings and a six-point deduction threat from FIFA.
In April 2016, the parties signed a "Protocol" agreeing to settle the dispute amicably, with the club committing to pay €640,000 in installments. The club argued this agreement covered both claims, while the player maintained it only addressed the First Claim. The club alleged the player verbally agreed to withdraw both claims but provided no evidence. The player denied this, emphasizing the Protocol's lack of reference to the Second Claim. The club's failure to make payments prompted the player to seek enforcement of the FIFA ruling, leading to CAS arbitration.
The Sole Arbitrator, Mark Hovell, applied Swiss law, focusing on the parties' common intention and principles of good faith. The club's inconsistent calculations and delayed communication with FIFA weakened its case. The Arbitrator found no conclusive evidence the Protocol covered both claims, noting the absence of typical settlement documentation and the player's treatment of the €18,000 payment as separate from the Second Claim. The Arbitrator dismissed the club's appeal, upholding the FIFA DRC's decision, and ruled the Protocol did not settle the Second Claim. The case underscores the challenges of contractual interpretation and enforcement in sports disputes, highlighting the importance of clear documentation and timely compliance with arbitration decisions.