The case involves a dispute between professional football player Yannick Toapry Boli and FC Anji Makhachkala regarding unpaid salaries and incentive payments as stipulated in his employment contract, valid from 21 August 2014 to 30 June 2018. The contract included a basic monthly salary of RUB 166,667 and additional incentive payments, which would increase if the club was promoted to the Russian Premier League (RFPL). Boli claimed unpaid salaries and incentives for January 2017 and part of February 2017, totaling EUR 129,310.50, before his transfer to Dalian Yifang F.C. on 15 February 2017. The FIFA Dispute Resolution Chamber (DRC) partially accepted his claim, awarding EUR 17,241 plus interest, but rejected further claims. Boli appealed to the Court of Arbitration for Sport (CAS), seeking full payment.
The CAS panel, with Prof. Ulrich Haas as the sole arbitrator, addressed several legal issues. It emphasized its discretion to exclude evidence that could have been presented earlier unless justified, but considered all submitted evidence as neither party provided valid reasons for delay. The panel ruled that the outstanding salaries and incentive payments were contractually due to Boli until his transfer. The incentive premium, triggered by the club's promotion to the RFPL, was deemed payable as the conditions were met. The panel also held that publicly known facts, such as the club's league standings and promotion, did not require formal evidence, as they qualified as common knowledge under Swiss procedural law.
Boli argued that the DRC failed to verify the club's promotion, despite publicly available information, and disputed the validity of a payment order submitted by the club as evidence of settled dues. The club, in turn, contested the validity of an unsigned attachment outlining incentive payments, claiming they were discretionary. The CAS panel found the club's objections unfounded, noting that the attachment's signatures matched those on the employment agreement. The panel interpreted the contract to mean that the EUR 11,494 figure represented the combined total of the monthly salary and incentive premium, not an additional amount, and adjusted the entitlement accordingly.
The CAS ruled in favor of Boli, ordering FC Anji Makhachkala to pay EUR 125,619.87, accounting for a partial payment of RUB 257,777.89 (EUR 3,690.63) made by the club. The club was also ordered to pay 5% annual interest on specific portions of the debt from their respective due dates until full payment. The decision reinforced the enforceability of employment contracts in football and clarified the treatment of publicly accessible facts in arbitration proceedings. The ruling underscored the importance of precise contractual language and the principle of equal treatment in arbitration, dismissing the club's objections as unfounded and emphasizing fairness in contractual obligations. The case highlights the complexities of performance-based incentives and the burden of proof in sports disputes.