CAS 2015A3961 Samuel Inkoom v Andrew Evans & FIFA
CAS · Football (FIFA / CAS) · Switzerland · 10 Dec 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 narrow scope of review and the high threshold for public policy objections, ensuring efficient enforcement of FIFA decisions.
Summary
Samuel Inkoom, a Ghanaian professional 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, BAC Solicitors, on 2 April 2014. Neither party requested the grounds, so the decision 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 to pay, with a potential one-year ban on football-related activity if he failed. Inkoom appealed to CAS, arguing that the PSC decision was wrongly decided and that he was not properly notified because his solicitors had withdrawn. The CAS Sole Arbitrator dismissed the appeal, holding that the PSC decision was correctly notified and final, and that the Disciplinary Committee's role was limited to enforcing compliance, not reviewing the merits. The sanctions were upheld.
The detail
Parties: CAS 2015A3961 Samuel Inkoom v Andrew Evans & FIFA
Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; player fined CHF 20,000 and granted 180 days to pay EUR 352,500 plus interest, failing which a one-year ban on football-related activity may be imposed.
Quantum: CHF 20,000 fine; underlying debt EUR 352,500
Applicable law: FIFA Disciplinary Code (Art. 64); FIFA Statutes; Swiss law (Art. 8 Swiss Civil Code); CAS Code of Sports-related Arbitration
Issues in play: The principle that a final and binding FIFA decision cannot be re-litigated in disciplinary enforcement proceedings collided with the player's argument that the underlying decision was wrong and that he was not properly notified.
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.