CAS 2015/A/3961
CAS · Football (FIFA / CAS) · Switzerland · 10 December 2015
Why it matters
This case confirms that in FIFA disciplinary proceedings under Article 64 of the FIFA Disciplinary Code, the sole task is to verify compliance with a final and binding decision, not to review its merits. It reinforces the principle that even a potentially wrong decision must be enforced unless it violates public policy, which is narrowly construed. This protects the integrity of FIFA's dispute resolution system.
Summary
Samuel Inkoom, a Ghanaian footballer, signed a representation contract with agent Andrew Evans in December 2010. In January 2011, Inkoom transferred from FC Basel to FC Dnipro. Evans claimed Inkoom breached the contract and sought payment. In March 2014, the FIFA Players' Status Committee (PSC) ordered Inkoom to pay Evans EUR 352,500. The decision was notified to Inkoom via his solicitors on 2 April 2014. Neither party requested grounds, so it became final and binding. Inkoom did not pay. FIFA initiated disciplinary proceedings under Article 64 of the FIFA Disciplinary Code. In December 2014, the FIFA Disciplinary Committee found Inkoom guilty of non-compliance, fined him CHF 20,000, and granted a 180-day final deadline, with a potential one-year ban on football-related activity if unpaid. Inkoom appealed to CAS, arguing the PSC decision was wrongly notified and that he had not been properly represented. The CAS sole arbitrator dismissed the appeal, holding that the PSC decision was properly notified to Inkoom via his solicitors and became final. The disciplinary committee's role was limited to checking compliance, not reviewing the merits. Inkoom failed to pay, so sanctions were justified. The award confirms that final FIFA decisions must be enforced, and challenges to the underlying debt cannot be raised in disciplinary proceedings.
The detail
Parties: Samuel Inkoom v Andrew Evans & FIFA
Case number: CAS 2015/A/3961
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed.
Applicable law: FIFA Disciplinary Code (Art. 64); FIFA Statutes; Swiss law
Issues in play: The finality of a FIFA Players' Status Committee decision vs. the player's right to challenge the underlying debt in disciplinary proceedings. The panel held that a final and binding decision cannot be re-litigated in enforcement proceedings.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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