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CAS 2022 A 9215 (CAS)

Why it matters

This case confirms the binding nature of FIFA's proposal procedure under Article 20 of the Procedural Rules. It establishes that a club's failure to respond to a proposal within the deadline constitutes acceptance, precluding later challenges on the merits. The decision reinforces the efficiency of FIFA's dispute resolution mechanism and the importance of timely responses.

Summary

Al Batin Club appealed a FIFA confirmation letter that ordered it to pay USD 483,332 in outstanding salaries to player Renato de Araujo Chaves Junior. The player had sent a warning notice after the contract expired, and FIFA issued a proposal under Article 20 of its Procedural Rules, which allows settlement of simple disputes. Al Batin did not respond, so the proposal was deemed accepted. The club later argued the amount was wrong and that the player violated Article 14bis of the FIFA RSTP by granting only a 10-day deadline. The CAS sole arbitrator held that Al Batin's silence constituted acceptance, precluding review of the merits. The appeal was dismissed, and the confirmation letter upheld.

The detail

Parties: Al Batin v. Renato de Araujo Chaves Junior & FIFA

Case number: CAS 2022 A 9215

Outcome: Appeal dismissed; Confirmation Letter upheld; Al Batin ordered to pay USD 483,332 plus 5% interest and CHF 3,000 towards First Respondent's legal costs.

Quantum: USD 483,332 plus interest

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Procedural Rules Governing the Football Tribunal, Swiss law subsidiarily

Issues in play: The case involved the interpretation of Article 20 of the Procedural Rules, which allows FIFA to issue a proposal in simple disputes and deems silence as acceptance. The principle of venire contra factum proprium (good faith) was also applied.

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

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