The Court of Arbitration for Sport (CAS) issued an award on November 30, 2020, in a dispute involving Wydad Athletic Club (WAC), FIFA, Chisom Elvis Chikatara (the Player), and El Gouna Football Club. The case centered on WAC's appeal against a FIFA Dispute Resolution Chamber (DRC) decision dated March 7, 2019, which ordered WAC to pay the Player USD 165,167 for breach of contract. The DRC initially issued the decision without reasons, as permitted under Article 15 of the DRC Rules, and WAC later requested the grounds for the decision. FIFA rejected this request on April 2, 2019, stating it was made out of time, prompting WAC to challenge both the DRC decision and FIFA's refusal before the CAS.
The CAS addressed three key legal issues. First, it ruled that requesting grounds for a non-reasoned FIFA decision under Article 15 of the DRC Rules does not constitute a legal remedy under CAS or FIFA statutes, as it does not alter the decision but merely allows the party to assess whether to appeal. Second, the CAS determined that receipt of a communication, such as an email, is fulfilled when it enters the addressee's sphere of influence, even if it lands in a spam folder, provided the recipient had access and could reasonably be expected to notice it. Third, the CAS concluded that FIFA's rejection letter qualified as a decision under Article R47 of the CAS Code, as it contained a legal analysis affecting WAC's rights.
The dispute arose when FIFA emailed the DRC decision to WAC on March 13, 2019, but WAC claimed it went to their spam folder and was not accessed until March 27, 2019, when the Player's counsel demanded payment. WAC requested the grounds on March 28, 2019, but FIFA deemed this request untimely, as the 10-day deadline under Article 15 had expired. WAC argued that the email's classification as spam invalidated notification, but the CAS rejected this, stating that WAC's negligence in checking all email folders did not negate receipt. The CAS also dismissed WAC's argument that the 21-day appeal window was met, as the failure to request grounds within 10 days rendered the DRC decision final and binding, extinguishing the right to appeal.
Ultimately, the CAS ruled that WAC's appeal against the DRC decision was inadmissible due to procedural non-compliance, and the appeal against FIFA's rejection letter was dismissed for the same reasons. The decision underscores the strict adherence to procedural deadlines in sports arbitration and the legal significance of communications from governing bodies. The CAS emphasized that parties must diligently monitor all communication channels, including spam folders, to avoid missing critical deadlines. The award highlights the balance between procedural rigor and fairness in resolving disputes within the framework of international sports arbitration.