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CAS 2021 A 7756 (CAS)

Why it matters

This award reaffirms the strict procedural requirements for filing appeals at CAS, particularly that a Statement of Appeal sent only by email (without a valid electronic signature or subsequent courier delivery) is insufficient. It confirms that such formalities are not excessive formalism but necessary for legal certainty, citing Swiss Federal Tribunal jurisprudence. The decision underscores that failure to comply with Article R31 renders an appeal inadmissible, regardless of the merits.

Summary

Shahrkhodro Football Club appealed a FIFA DRC decision ordering it to pay USD 400,000 to player Myroslav Slavov. The Club filed its Statement of Appeal by email on 16 February 2021 but did not send a courier copy within the required time. FIFA and Slavov objected, arguing the appeal was inadmissible. The CAS Sole Arbitrator found that under Article R31 of the CAS Code, a Statement of Appeal must be filed by courier; email alone is insufficient unless followed by courier delivery on the next business day. The Club failed to provide proof of timely courier dispatch. The Arbitrator held that strict compliance is necessary for legal certainty and rejected the Club's argument of excessive formalism, citing Swiss Federal Tribunal decisions. Consequently, the appeal was declared inadmissible, and the FIFA DRC decision was confirmed. The Club bore the arbitration costs.

The detail

Parties: Shahrkhodro Football Club v. FIFA & Myroslav Slavov

Case number: CAS 2021 A 7756

Outcome: The appeal was declared inadmissible; the FIFA DRC decision was confirmed.

Applicable law: FIFA Statutes (2019 Edition), CAS Code of Sports-related Arbitration

Issues in play: The case concerned the strict application of procedural rules for filing an appeal at CAS, specifically whether an email-only submission of the Statement of Appeal complied with Article R31 of the CAS Code, which requires courier delivery.

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

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