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CAS 2021 A 8282 (CAS)

Why it matters

This case illustrates the interplay between national labour law and FIFA regulations in football employment disputes. It highlights the importance of jurisdiction clauses in contracts and the role of CAS in resolving jurisdictional conflicts. The settlement before a merits decision underscores the practical resolution of such disputes through negotiation.

Summary

Pedro Sacramento, a Portuguese football coach, signed a one-year employment contract with Al Nassr SC (Saudi Arabia) starting 1 September 2018, with automatic renewal unless either party gave 15 days' notice before expiry. The contract included a clause submitting disputes to Saudi labour courts. After the contract expired on 30 June 2019, Sacramento claimed it was automatically renewed because the club did not notify him of non-renewal. He sent default notices for unpaid salaries from May 2019 onward. The club argued the contract ended with the head coach's departure. Sacramento filed a claim with FIFA's Players' Status Committee (PSC), which declared the claim inadmissible due to the jurisdiction clause. Sacramento appealed to CAS. During the CAS proceedings, the parties settled: the club paid EUR 15,000, and Sacramento withdrew the appeal. The CAS Sole Arbitrator issued an award on costs, ordering the club and Sacramento to share arbitration costs equally, each bearing their own legal fees. The case did not reach a merits decision on jurisdiction or contract renewal.

The detail

Parties: Pedro Sacramento v. Al Nassr SC & FIFA

Case number: CAS 2021 A 8282

Outcome: The appeal was withdrawn after a settlement; the CAS terminated the procedure and ordered the Appellant and First Respondent to share arbitration costs equally, each bearing their own legal fees.

Quantum: EUR 15,000 (settlement amount)

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), CAS Code of Sports-related Arbitration, Saudi Labour Law

Issues in play: The dispute involved a conflict between a contractual jurisdiction clause referring disputes to Saudi labour courts and FIFA's jurisdiction under the RSTP. The key issue was whether the employment contract was automatically renewed and whether FIFA had competence.

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

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