CAS 2016A4477 Joao Antonio Soares de Freitas v Al Shabab FC
CAS · Football (FIFA / CAS) · Switzerland · 9 Feb 2017
Why it matters
This case clarifies that FIFA no longer has jurisdiction over intermediary disputes after 1 April 2015, and that parties must agree on alternative dispute resolution forums. It also confirms that CAS can hear appeals of FIFA decisions declining jurisdiction, but cannot hear the merits of the underlying claim in appeal proceedings if the parties agreed to CAS as first instance.
Summary
João António Soares de Freitas, a registered intermediary, entered into two commission agreements with Al Shabab FC in January and February 2015. The club failed to pay the full amounts due. In December 2015, the intermediary filed a claim with FIFA. FIFA responded in February 2016 stating that since 1 April 2015, under the new FIFA Regulations on Working with Intermediaries, FIFA no longer had jurisdiction over claims by intermediaries. The intermediary appealed this decision to CAS. The sole arbitrator first determined that FIFA's letter was indeed a 'decision' appealable under the FIFA Statutes, as it contained a ruling affecting the intermediary's legal situation. On the merits, the arbitrator held that FIFA correctly declined jurisdiction because the new regulations clearly removed FIFA's authority over intermediary disputes after 31 March 2015. The arbitrator noted that the parties had anticipated this possibility in their agreements, providing that if FIFA ended its jurisdiction, CAS would act as first instance. However, because the intermediary filed an appeal (not an ordinary arbitration), CAS could not hear the merits of the financial claim. The appeal was dismissed, but the arbitrator suggested the intermediary could still file an ordinary arbitration request at CAS.
The detail
Parties: CAS 2016A4477 Joao Antonio Soares de Freitas v Al Shabab FC
Outcome: The appeal is rejected; FIFA's decision declining jurisdiction is confirmed.
Applicable law: FIFA Regulations on Working with Intermediaries (2015), FIFA Statutes, Swiss law
Issues in play: Whether FIFA's letter declining jurisdiction was a 'decision' appealable to CAS; whether FIFA retained jurisdiction over intermediary disputes after 1 April 2015.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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