The case involves a contractual dispute between Club Al-Raed, a Saudi Arabian football club, and Mohamed Ahmed Atwa Ahmed Aboustait, an Egyptian professional football player, centered around an agreement signed on 23 July 2019. The club agreed to pay the player SAR 379,642 within 60 days, but the player claimed non-payment and filed a claim with FIFA's Dispute Resolution Chamber (DRC) on 4 January 2020. The club did not respond, allegedly due to not receiving correspondence from the DRC. On 5 May 2020, the DRC ruled in favor of the player, ordering the club to pay the outstanding amount plus 5% annual interest from 24 August 2019, with potential sanctions for non-payment, including a ban on registering new players. The club appealed to the Court of Arbitration for Sport (CAS) on 17 July 2020, citing procedural issues and evidence admissibility. The CAS proceedings involved disputes over language preferences, arbitrator appointments, and cost-sharing. A key legal issue was whether a witness statement from the club's accountant could be considered valid despite their employment with the club. The CAS ruled that such a statement could not be dismissed solely due to employment, though it might affect its probative value. The case highlights procedural fairness and evidence evaluation in sports arbitration, emphasizing the binding nature of contractual obligations under the principle of pacta sunt servanda.
The club argued that the appeal was timely due to FIFA's error in notifying the decision late and claimed it had already paid SAR 150,000 through an intermediary, reducing the debt to SAR 229,642. The player countered that the appeal was filed late and disputed the partial payment claim, alleging it was a tactic to avoid full payment. The CAS confirmed its jurisdiction under FIFA Statutes and the CAS Code, ruling the appeal admissible as it was filed within 21 days of the valid notification. The panel found the club's evidence, including bank transfers and WhatsApp messages, credible, concluding the outstanding amount was SAR 229,642 plus interest from 3 December 2019. The CAS upheld the appeal, amending the FIFA decision to reflect the partial payment while maintaining the rest of the ruling. The final decision, issued on 19 November 2020, underscored the importance of proper notification and procedural adherence in legal proceedings, reinforcing the CAS's role in resolving sports-related disputes. The case demonstrates the complexities of contractual disputes in sports and the critical role of evidence and procedural fairness in arbitration.