CAS 2012A2957 Football Club Khimki v Eljver Raça
CAS · Football (FIFA / CAS) · Switzerland · 5 Feb 2014
Why it matters
This case is significant for its detailed analysis of the conditions for appointing a handwriting expert in CAS proceedings and the standard of review of expert reports. It clarifies that a panel may appoint an expert when signature authenticity is central, and that the panel's review is limited to whether the expert considered correct issues and acted non-arbitrarily. The case also illustrates the application of the preponderance of evidence standard in CAS.
Summary
Football Club Khimki appealed a FIFA decision ordering it to pay EUR 300,000 to agent Eljver Raça. The club claimed that a fourth contract had reduced the agent's fee from EUR 500,000 to EUR 200,000, but Raça denied signing it. The CAS panel appointed a handwriting expert, Mrs Deborah Boegli, who concluded that the signatures on the disputed documents were likely Raça's. The panel accepted the expert report, finding it credible and reliable, and dismissed Raça's objections. The panel held that the Fourth Contract was valid and binding, so the club owed no further payment. The appeal was upheld, and the FIFA decision was set aside.
The detail
Parties: CAS 2012A2957 Football Club Khimki v Eljver Raça
Outcome: The appeal was upheld; the FIFA decision was set aside; the Fourth Contract was binding, so Mr Raça was not entitled to the additional EUR 300,000.
Applicable law: FIFA Regulations; Swiss law
Issues in play: The main issue was whether Mr Raça signed the Fourth Contract reducing his commission by EUR 300,000. The panel relied on a handwriting expert's report to determine the authenticity of the signature.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.