CAS 2016/A/4855
CAS football (FIFA appeals) · Football (FIFA / CAS) · Switzerland
Why it matters
Gassan Waked v Al Shabab Club, a football dispute decided by the Court of Arbitration for Sport on appeal from a FIFA decision. For a student, it shows how CAS sits as the final appeal from FIFA's judicial bodies, applying the FIFA regulations and Swiss law to disputes between players, clubs and federations.
Summary
This is the award of the Court of Arbitration for Sport in this matter (CAS 2016/A/4855). It belongs to the steady stream of football appeals that reach the Court in Lausanne, where clubs, players and agents contest the decisions of FIFA and the national associations. The case turned on players’ agent’s commissions interpretation of an agreement as a practical matter, an agreement which (i) is headed “settlement agreement”; (ii) refers specifically to an existing dispute under a prev. Proceedings were governed by the CAS Code and the relevant federation rules, seated in Switzerland under Swiss law, and the award is final save for the narrow review the Swiss Federal Tribunal allows. The Court's full reasoning is set out in the original, linked here.
The detail
Parties: Gassan Waked v Al Shabab Club
Case number: CAS 2016/A/4855
Outcome: CAS award CAS 2016/A/4855: Players’ agent’s commissions Interpretation of an agreement As a practical matte. See the original for the operative decision.
Applicable law: The CAS Code; the FIFA Regulations; Swiss law as the law of the seat.
Issues in play: Players’ agent’s commissions Interpretation of an agreement As a practical matter, an agreement which (i) is headed “settlement agreement”; (ii) refers specifically to an existing dispute under a prev
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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