CAS 2020 A 7382
CAS · Football (FIFA / CAS) · Switzerland · 28 Sept 2022
Why it matters
This case clarifies the standard for contractual clauses that purport to exclude FIFA DRC jurisdiction in favor of national courts. It applies the Swiss Federal Tribunal's restrictive interpretation of arbitration clauses to forum selection clauses, holding that parties must clearly intend to depart from FIFA's default jurisdiction. The decision reinforces that a clause referring disputes to a specific country's courts is sufficient to oust FIFA DRC competence, even if not explicitly mentioning 'civil courts' or 'FIFA'.
Summary
Miguel Angel Londero, a football player, signed an 'Image Rights Agreement' with Mons Calpe Sports Club in Gibraltar. The contract included a clause stating it would be governed by Gibraltar law and that 'venue for any action brought hereunder shall be Gibraltar.' After the club terminated the agreement, Londero claimed unpaid salaries and compensation before FIFA's Dispute Resolution Chamber (DRC). The DRC declared the claim inadmissible, finding that the contractual clause clearly chose Gibraltar courts, thus excluding FIFA's jurisdiction. Londero appealed to the Court of Arbitration for Sport (CAS). The CAS sole arbitrator upheld the DRC's decision. He applied Swiss Federal Tribunal jurisprudence requiring a restrictive interpretation of clauses that depart from default jurisdiction. The arbitrator found that the clause 'venue ... shall be Gibraltar' was clear enough to show the parties intended to submit disputes to Gibraltar civil courts, not FIFA. He rejected Londero's argument that the clause was vague, noting that even if ambiguous, it should be interpreted to preserve its validity. The arbitrator also cited a similar CAS case (CAS 2018/A/5624) where a clause referring to 'courts of the Emirate of Abu Dhabi' was held to exclude FIFA jurisdiction. Consequently, the appeal was dismissed, and the DRC's inadmissibility decision was confirmed. The arbitrator noted that the DRC had incorrectly used 'inadmissible' instead of 'lack of jurisdiction', but this did not affect the outcome.
The detail
Parties: Miguel Angel Londero v. Mons Calpe Sports Club & FIFA
Case number: CAS 2020 A 7382
Outcome: The appeal was dismissed and the FIFA DRC decision that the claim was inadmissible was confirmed.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Gibraltar law, Swiss law
Issues in play: The case involved a conflict between the default jurisdiction of FIFA's Dispute Resolution Chamber (DRC) over international employment disputes and a contractual clause specifying Gibraltar courts as the venue. The key issue was whether the clause clearly excluded FIFA's jurisdiction.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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