The case centers on Emilio Yamín Faure, a professional football player with Mexican and Lebanese nationality, who appealed against Al Salam Zgharta Club and FIFA following the termination of his employment contract. The dispute arose when the club terminated his contract after he suffered a knee injury, prompting the player to file a claim with FIFA's Dispute Resolution Chamber (DRC) for unpaid salaries, a signing-on fee, compensation for unlawful termination, and medical expenses. The FIFA DRC dismissed the claim, ruling it lacked jurisdiction due to the absence of an international dimension, as the player was registered with the Lebanese club as a Lebanese citizen. This decision led the player to appeal to the Court of Arbitration for Sport (CAS).
The core issue revolved around the player's "sportive nationality," which determines jurisdictional competence in football disputes. The player argued he signed the contract as a Mexican citizen, referencing his Mexican passport, and that the club's president later altered the contract by hand, changing his nationality to Lebanese. He claimed this amendment was made under pressure and did not reflect his true nationality, as he lacked Lebanese identification. However, the arbitrator found no evidence of coercion or fraud, concluding the player had freely agreed to the amendment. The Lebanese Football Association (LFA) confirmed the player was registered as Lebanese during his tenure with the club, further undermining his claims.
FIFA relied on a document titled "Civil registrar of Zgharta," which stated the player had been a Lebanese citizen for over a decade. The player contested this document, alleging procedural unfairness as it was not disclosed during initial proceedings. However, the arbitrator upheld its validity, noting the player had ample opportunity to address it and failed to prove its inauthenticity. The arbitrator emphasized the importance of contractual autonomy and registration details in determining sportive nationality, ruling the dispute lacked the international dimension required for FIFA's jurisdiction.
The CAS upheld FIFA's decision, dismissing the player's appeal and reinforcing that disputes involving players registered under a specific nationality fall under the corresponding national association's jurisdiction. The case highlights the significance of contractual clarity and the legal consequences of agreeing to terms, particularly in disputes involving dual nationality. It also underscores procedural challenges, such as document disclosure and translation, which can impact fairness in arbitration. Ultimately, the ruling affirmed the FIFA DRC's authority to assess its jurisdiction and clarified that registration under a particular nationality binds players to the respective national association's dispute resolution mechanisms. The player's ambiguous stance—claiming Mexican nationality while acknowledging the handwritten amendment—further weakened his case, leading to the dismissal of his appeal.