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CAS 2020 A 6784 (CAS)

Why it matters

This case clarifies the standard for discharge of a debt when a debtor pays a fraudster instead of the creditor, applying Swiss law principles of good faith and contributory negligence. It highlights the risks of email interception in football transfers and the importance of verifying bank details through official channels.

Summary

Al Wahda Sports Club (UAE) appealed a FIFA Disciplinary Committee decision fining it for failing to pay EUR 300,000 to Bursaspor (Turkey) as per a FIFA Players' Status Committee decision. Al Wahda argued it had paid the amount to a bank account provided via email, but the account belonged to a fraudster (Kadir Durmaz), not Bursaspor. The fraud involved multiple emails from spoofed addresses mimicking the clubs' lawyers. Al Wahda claimed the payment discharged its debt and that Bursaspor was contributorily negligent. The CAS Sole Arbitrator applied Swiss law (since FIFA regulations are silent on discharge by payment to a third party). Under Swiss law, a debtor is discharged only if it pays the creditor or a person authorized to receive payment. Paying a third party does not discharge the debt unless the creditor ratifies or benefits from the payment. Here, Bursaspor never received the money. The Arbitrator found that Al Wahda failed to exercise due diligence: it should have verified the bank details through official channels (e.g., FIFA or the club's registered address) and was misled by email addresses that were clearly not official (e.g., av.jaledemirr.bursaspor@gmail.com). Bursaspor was not contributorily negligent because it had previously provided correct bank details and the fraud was not foreseeable. The appeal was dismissed, and Al Wahda was ordered to pay the EUR 300,000 plus 5% interest from the due date.

The detail

Parties: Al Wahda Sports Club v. FIFA & Bursaspor KD

Case number: CAS 2020 A 6784

Outcome: Appeal dismissed; Al Wahda ordered to pay EUR 300,000 plus interest to Bursaspor.

Quantum: EUR 300,000 plus interest

Applicable law: FIFA Disciplinary Code (2019 edition), Swiss law subsidiarily

Issues in play: Whether payment to a third party (due to email fraud) discharges the debt under Swiss law; contributory negligence of the creditor.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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