The case involves a dispute between Yeni Malatyaspor FK, a Turkish football club, and Moryke Fofana, an Ivorian football player, over unpaid salaries and a fine imposed by FIFA's Dispute Resolution Chamber (DRC). The employment contract, signed on 28 June 2019, stipulated that the club would pay Fofana €900,000 net for the 2020-2021 season in ten monthly installments of €90,000. However, the club failed to pay the full amounts due from January to May 2021, leading Fofana to issue a default notice on 2 June 2021, demanding €310,000 for overdue salaries. When the club did not comply, Fofana filed a claim with the DRC on 24 June 2021, seeking €400,000, which included unpaid salaries and interest. The DRC ruled in Fofana's favor on 8 October 2021, ordering the club to pay €400,000 plus 5% annual interest from the respective due dates, along with a $20,000 fine for delayed payments under Article 12 bis of FIFA's Regulations on the Status and Transfer of Players (RSTP). The decision also included potential sporting sanctions, such as a transfer ban, if payment was not made within 45 days.
The club appealed to the Court of Arbitration for Sport (CAS), arguing financial difficulties and contesting the fine as unjustified and disproportionate. Fofana countered that the appeal was in bad faith, aimed at delaying sanctions while the club continued to sign new players. The CAS proceedings involved written submissions from both parties, with a sole arbitrator appointed to decide the case. The arbitrator upheld the DRC's decision, emphasizing the principle of pacta sunt servanda (agreements must be kept) and rejecting the club's claim of financial hardship as a valid excuse for non-payment. The arbitrator also clarified that FIFA's involvement in "horizontal" disputes (between clubs and players) did not require FIFA to be a respondent in CAS proceedings. The CAS dismissed the club's appeal in its entirety, confirming the DRC's ruling and reinforcing the enforceability of contractual obligations in sports disputes.
The final award, issued on 16 September 2022, underscored the importance of adhering to legal and procedural frameworks in sports arbitration. The decision highlighted the consequences of non-compliance with contractual obligations under FIFA regulations and the limited grounds for excusing non-payment, even in cases of financial distress. The case serves as a reminder of the binding nature of arbitration decisions under Swiss law and the role of CAS in resolving sports-related disputes. The ruling affirmed the DRC's sanctions, including the payment of outstanding salaries, interest, and the fine, while dismissing the club's attempts to overturn the decision. The outcome reinforces the principle that contractual agreements must be honored, regardless of financial challenges faced by the parties involved.