CAS 2021 A 8199
CAS · Football (FIFA / CAS) · Switzerland · 7 Mar 2023
Why it matters
This case reaffirms the FIFA DRC's default jurisdiction over international employment disputes and clarifies that the burden of proof lies on the party challenging that jurisdiction to demonstrate that a national arbitration tribunal meets the requirements of Article 22(b) FIFA RSTP. It also confirms that French is an acceptable language in FIFA proceedings, regardless of the contract language.
Summary
FC Dinamo Batumi, a Georgian football club, appealed a FIFA DRC decision ordering it to pay outstanding salaries and compensation to Brazilian player Vagner Goncalves Nogueira de Souza. The player had terminated his contract due to unpaid salaries under Article 14bis FIFA RSTP. The club argued the FIFA DRC lacked jurisdiction because the employment contract referred disputes to the GFF Dispute Committee. The CAS Sole Arbitrator dismissed the appeal, holding that the FIFA DRC has default jurisdiction over international employment disputes unless the party challenging it proves the national body meets the independence and fair proceeding standards of Article 22(b) FIFA RSTP. The club failed to provide any evidence about the GFF Dispute Committee's structure or compliance. The CAS also rejected the club's argument that the player's claim, partly in French, was inadmissible, noting French is an official FIFA language. The award upheld the DRC's decision, ordering the club to pay USD 57,759 compensation and USD 30,019.53 outstanding remuneration plus interest, and CHF 3,000 towards the player's legal costs.
The detail
Parties: FC Dinamo Batumi v. V. Goncalves Nogueira de Souza & FIFA
Case number: CAS 2021 A 8199
Outcome: Appeal dismissed; FIFA DRC decision confirmed; FC Dinamo Batumi ordered to pay player USD 57,759 compensation and USD 30,019.53 outstanding remuneration plus interest, and CHF 3,000 towards player's legal costs.
Quantum: USD 87,778.53 plus interest
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), particularly Articles 14bis and 22(b); CAS Code of Sports-related Arbitration; Swiss Civil Code
Issues in play: The dispute concerned whether the FIFA DRC or the Georgian Football Federation (GFF) Dispute Committee had jurisdiction over an international employment dispute. The burden of proof fell on the club to show the national body met independence and fair proceeding standards under Article 22(b) FIFA RSTP.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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