The case involves Club Al Arabi SC (Al Arabi) appealing a decision by the FIFA Disciplinary Committee (FDC) for failing to comply with a prior ruling by the FIFA Players’ Status Committee. The dispute began when Al Arabi was ordered to pay Koninklijke Sporting Club Lokeren Oost-Vlaanderen (Lokeren) €1,500,000 plus interest and costs on January 17, 2017. The decision was notified to Al Arabi on January 30, 2017, but the club did not request the grounds, making it final. When Al Arabi failed to pay, FIFA initiated disciplinary proceedings on October 24, 2017, granting a deadline until November 7, 2017. After no payment was made, the FDC imposed a fine of CHF 30,000 and a 90-day grace period on November 8, 2017, warning of a six-point deduction and potential relegation if unpaid. The decision was faxed to Al Arabi on November 15, 2017, and the club requested the grounds on November 20, 2017, which were provided on December 12, 2017.
Al Arabi appealed to the Court of Arbitration for Sport (CAS), claiming it did not receive the fax notification. The CAS panel, comprising Prof. Luigi Fumagalli, Mr. Rui Botica Santos, and The Hon. Michael Beloff QC, ruled that appeals must be filed within 21 days of notification. They emphasized that a fax transmission report shifts the burden of proving non-receipt to the recipient, requiring evidence of technical failure. Al Arabi failed to provide such evidence, and the panel dismissed the appeal as inadmissible due to the missed deadline. The ruling highlighted the importance of procedural compliance and legal certainty in arbitration.
Al Arabi further argued it only received the grounds in February 2018, making its appeal timely, but FIFA maintained the original December 12, 2017, notification date was valid. The CAS panel examined jurisdiction and admissibility, noting Al Arabi’s lack of evidence to support its claim of non-receipt. The panel concluded the fax was properly transmitted to the numbers used in prior communications, including Al Arabi’s representative and the Qatar Football Association. Lokeren confirmed receipt, while Al Arabi’s assertion of technical issues with its e-fax service lacked substantiation. The panel rejected Al Arabi’s argument, stressing the need for parties to adhere to procedural rules and provide concrete evidence when contesting notifications.
The final decision declared Al Arabi’s appeal inadmissible, upholding the FDC’s sanctions. The case underscores the strict application of deadlines in sports arbitration and the necessity for parties to actively engage with procedural requirements to avoid adverse outcomes. It also reinforces the principle that legal certainty depends on adherence to established timelines and the burden of proof in disputes over communication delivery. The panel dismissed all other relief requests, concluding the matter with a clear emphasis on procedural rigor and evidentiary standards.