Award

CAS 2018 A 5910

CAS · Football (FIFA / CAS) · Switzerland · 1 Oct 2019

Why it matters

This case reinforces the strict compliance standard for settlement agreements in football disputes, particularly when the settlement amount is significantly less than the original debt. It clarifies that the debtor bears the risk of bank fees and must ensure full and timely payment. The decision also confirms that even minor deviations can revive the original enforceable decision and justify disciplinary sanctions, including point deductions.

Summary

Club Al Arabi SC (Qatar) appealed a FIFA Disciplinary Committee decision that found it guilty of failing to comply with a FIFA Players' Status Committee (PSC) decision. The PSC had ordered the Club to pay Coach Adolfo Sormani EUR 391,999 plus interest for breach of contract. The parties later signed a settlement agreement requiring the Club to pay EUR 200,000 by 6 August 2017. The Club paid EUR 199,893.36 on 7 August 2017. The Coach argued the payment was short and late, so the original PSC decision remained enforceable. The FIFA Disciplinary Committee agreed, imposing a CHF 15,000 fine and a final grace period with threat of point deduction. The Club appealed to CAS, arguing the settlement was signed on 1 August (making deadline 8 August) and the shortfall was due to bank fees. The CAS Panel rejected these arguments, finding the settlement clearly stated 6 August deadline and the Club failed to ensure full payment. The Panel held that the debtor must bear bank fees and ensure timely receipt. The appeal was dismissed, and the disciplinary sanctions confirmed. The case illustrates the strict approach to settlement compliance in football and the consequences of even minor non-compliance.

The detail

Parties: Club Al Arabi Sc v. Adolfo Sormani & FIFA

Case number: CAS 2018 A 5910

Outcome: Appeal dismissed; FIFA Disciplinary Committee decision confirmed; Club ordered to pay CHF 3,000 to Sormani for legal costs.

Quantum: CHF 3,000

Applicable law: FIFA Disciplinary Code (art. 64); CAS Code of Sports-related Arbitration

Issues in play: The case involved the interpretation of a settlement agreement and whether a shortfall in payment (EUR 106.64) and one-day delay constituted non-compliance, triggering the original FIFA PSC decision and disciplinary sanctions.

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.

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