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2017 Football Transfer Upheld English Appeal Procedure

Parties & Representatives

Appellant: FK Sileks
Appellant Representative: Martin Spirov; Toni Jovchevski
Respondent: FK Jedinstvo Bosnjace
Respondent Representative: Dragan Miljkovic

Arbitrators

President: Petros C. Mavroidis

Decision Information

Decision Date: April 24, 2018

Case Summary

The case involves a dispute between FK Sileks, a football club from FYROM, and FK Jedinstvo Bošnjace, a club from Serbia, concerning training compensation for a player who signed his first professional contract with FK Sileks in June 2016. The player had previously been registered with several clubs, including FK Jedinstvo Bošnjace. In April 2017, FK Jedinstvo Bošnjace and other training clubs filed claims with FIFA, seeking compensation from FK Sileks. The FIFA Single Judge ruled in favor of FK Jedinstvo Bošnjace, ordering FK Sileks to pay EUR 17,500 plus interest. FK Sileks appealed this decision to the Court of Arbitration for Sport (CAS), arguing it had obtained a written waiver from FK Jedinstvo Bošnjace relinquishing any claim to training compensation before signing the player. The CAS rejected FK Sileks' request to consolidate the cases against all training clubs, and the matter proceeded separately under CAS 2017/A/5353. A Sole Arbitrator was appointed, and FK Jedinstvo Bošnjace failed to submit a timely answer to the appeal or request a hearing. In its Statement of Defence, FK Jedinstvo Bošnjace acknowledged FK Sileks' appeal as justified, conceding it was not entitled to training compensation. The Sole Arbitrator found no reason to doubt the authenticity of the waiver or the Statement of Defence, concluding the FIFA decision was incorrect and should be overturned. The case was governed by FIFA regulations and Swiss law, with the CAS having jurisdiction to review the matter. FK Sileks sought to have the appeal upheld, the FIFA decision set aside, and costs awarded against FK Jedinstvo Bošnjace. The Sole Arbitrator's decision aligned with FK Sileks' submissions, emphasizing the validity of the waiver and the lack of grounds for FK Jedinstvo Bošnjace's claim. The case was resolved without a hearing, relying on written submissions and the clarity of the waiver document. The outcome underscores the binding nature of such waivers and the role of CAS in adjudicating sports-related disputes. The Sole Arbitrator's decision reinforced the principle that properly documented agreements between clubs can preclude subsequent claims for training compensation. The case serves as a precedent for similar disputes, highlighting the importance of clear and enforceable contractual terms in player transfers. The CAS ruled in favor of FK Sileks, upholding the appeal and setting aside the FIFA decision, while dismissing all other motions or requests for relief. The case illustrates the procedural steps in CAS arbitration and the significance of adhering to deadlines and documentation in resolving sports-related disputes.

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