The case involves a dispute between Mr. Archad Burahee, a licensed FIFA match agent, and the Equatorial Guinea Football Federation regarding unpaid fees and expenses for organizing three international friendly matches against Mauritius, St. Kitts and Nevis, and Andorra. The agent filed a claim with FIFA’s Players’ Status Committee (PSC), which partially accepted his claims, ordering the Federation to pay USD 15,800 plus interest. Dissatisfied with the decision, the agent appealed to the Court of Arbitration for Sport (CAS), seeking additional compensation and disciplinary actions against the Federation and its officials.
The CAS addressed several key issues, including jurisdiction, the validity of agreements, and the principle of good faith. It confirmed its jurisdiction under Article 58(1) of the FIFA Statutes and Article R47 of the CAS Code, allowing appeals against FIFA decisions within 21 days. However, the CAS clarified that disciplinary proceedings and sanctions are reserved for governing bodies like FIFA, not individual agents, dismissing the agent’s request for disciplinary measures.
On the merits, the CAS examined the validity of the agreements between the parties. While no formal written contracts existed, the CAS found that an "Authorisation Letter" and email correspondence constituted a binding agreement. The agent acted in good faith by seeking confirmation from the Federation, which informally approved the terms. The Federation’s failure to formalize the agreement did not invalidate the agent’s claims, as the principle "commodum ex injuria sua nemo habere debet" (a wrongdoer should not benefit from their actions) prevented the Federation from exploiting its own negligence.
For the Mauritius match, the agent claimed EUR 6,828.38, but the Federation acknowledged only USD 6,800 (USD 5,000 as agent fee and USD 1,800 for travel expenses). The CAS awarded the acknowledged amount, as the agent failed to provide evidence justifying the higher claim. For the St. Kitts and Nevis match, the Federation accepted the agent’s claim of USD 4,000, which the CAS upheld. Regarding the Andorra match, the agent sought EUR 47,000 (EUR 5,000 as fee and EUR 42,000 for expenses), while the Federation admitted only USD 5,000. The CAS ruled that the agent was entitled to the fee and partial reimbursement of expenses, totaling EUR 30,473.52, as some claims lacked sufficient evidence.
The final award required the Federation to pay USD 4,000 plus 5% interest from 2 December 2017, USD 6,800 plus 5% interest from 21 June 2018, and EUR 35,473.52 plus 5% interest from 21 June 2018, within 30 days. The CAS dismissed all other claims, emphasizing the importance of proper documentation and adherence to contractual obligations. The case underscores the complexities of resolving financial disputes in international football and the role of arbitration in ensuring fairness. The decision highlights the Federation’s responsibility to honor its commitments, even in the absence of formal contracts, and reinforces the principle that parties cannot benefit from their own failures to comply with agreements.