CAS 2020 A 6791
CAS · Football (FIFA / CAS) · Switzerland · 1 Feb 2021
Why it matters
This award clarifies the test for 'international dimension' in employment disputes under FIFA RSTP when a player holds dual nationality. It confirms that the relevant nationality is the one under which the player was registered and had the closest connection to the dispute, not the player's 'sporting nationality' (eligibility for a national team). The decision reinforces the division of competence between FIFA and national associations.
Summary
Diego Alonso Estrada Valverde, a Costa Rican-born footballer who also obtained Guatemalan nationality, signed a contract with Guatemalan club Comunicaciones FC. After the club unilaterally terminated the contract, the player filed a claim before the FIFA Dispute Resolution Chamber (DRC). The DRC declared the claim inadmissible, holding that the dispute lacked an international dimension because the player was registered as a Guatemalan player and shared nationality with the club. The player appealed to the CAS, arguing that his Costa Rican nationality and 'sporting nationality' (having represented Costa Rica at youth and senior level) gave the dispute an international character. The CAS Sole Arbitrator dismissed the appeal. He held that the dispute was essentially national: the player had Guatemalan citizenship, resided in Guatemala, was registered as a Guatemalan player, and the contract was performed there. The concept of 'sporting nationality' applies only to eligibility for national teams, not to employment disputes. Therefore, the FIFA DRC lacked jurisdiction, and the matter should be resolved by Guatemalan football authorities. The award confirms the DRC's decision and orders the player to bear the arbitration costs.
The detail
Parties: Diego Alonso Estrada Valverde c. Comunicaciones Fútbol Club S.A. & FIFA
Case number: CAS 2020 A 6791
Outcome: Appeal dismissed; FIFA DRC decision confirmed; appellant bears arbitration costs.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), CAS Code of Sports-related Arbitration
Issues in play: The case involved a conflict between the player's dual nationality (Costa Rican and Guatemalan) and the concept of 'sporting nationality' versus legal nationality for determining whether a dispute has an international dimension under FIFA RSTP.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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