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CAS 2021 A 8086 (CAS)

Why it matters

This consent award illustrates the CAS's role in ratifying settlements reached during appeal proceedings, ensuring they are bona fide and not contrary to public policy. It also highlights the interplay between national football association regulations and FIFA's dispute resolution framework, particularly regarding jurisdiction over player-club disputes.

Summary

RKS Raków Czestochowa, a Polish football club, appealed a FIFA DRC decision ordering it to pay player Emir Azemovic EUR 4,000 + EUR 7,000 in outstanding salary and EUR 153,500 in compensation for wrongful termination. The club argued that the dispute should have been heard by Polish FA authorities per the contract's arbitration clause. During the CAS appeal, the club and player reached a settlement: the club agreed to pay EUR 154,000 in two instalments (EUR 77,000 by 17 Jan 2022 and EUR 77,000 by 15 July 2022), and the player renounced all further claims. FIFA did not object. The sole arbitrator, Mark A. Hovell, reviewed the settlement and found it bona fide and not contrary to public policy. He ratified it and incorporated its terms into a consent award, terminating the proceedings. The award orders the parties to comply with the settlement, with the club bearing all CAS costs and each party bearing its own legal costs.

The detail

Parties: RKS Raków Czestochowa S.A. v. Emir Azemovic & FIFA

Case number: CAS 2021 A 8086

Outcome: The parties settled; the CAS ratified the settlement agreement and ordered the Club to pay the Player EUR 154,000 in two instalments, with each party bearing its own legal costs and the Club bearing all CAS costs.

Quantum: EUR 154,000

Applicable law: FIFA Statutes, CAS Code of Sports-related Arbitration, Polish Football Association Resolution No. III/54 on Minimum Requirements for Standard Player Contracts

Issues in play: The dispute involved the interpretation of the employment contract's arbitration clause (referring disputes to Polish FA) versus FIFA DRC jurisdiction, and the Club's right to unilaterally terminate the contract under PZPN Resolution Article 8(4)(d) for repeated unexcused absences.

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

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