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CAS 2022 A 9237 (CAS)

Why it matters

This case reaffirms that a club's lack of funding from a third party (e.g., government sponsor) does not constitute force majeure excusing non-payment of player salaries. It also illustrates the escalation of sanctions for repeated breaches under FIFA RSTP Art. 12bis, confirming that fines are proportionate to the debt and prior offences.

Summary

Al Batin, a Saudi football club, signed a two-year contract with player Afriye Acquah starting July 2021. The contract was mutually terminated in December 2021, with the club agreeing to pay all salaries due up to 31 December 2021, totaling USD 550,002. The club made partial payments of USD 269,170.32, leaving USD 280,831.68 unpaid. The player filed a claim with FIFA, which ordered the club to pay the outstanding amount plus interest, and imposed a reprimand and a fine of USD 40,000 for the club's fifth breach of Article 12bis RSTP within two years. The club appealed to CAS, arguing force majeure because its government sponsor had not paid a reward it expected. The CAS Sole Arbitrator rejected the force majeure defense, noting that the club failed to prove the event was unforeseeable, unavoidable, and made performance impossible. The arbitrator also upheld the sanctions, finding them proportionate given the club's repeated defaults and the amount owed. The appeal was dismissed, and the FIFA decision confirmed.

The detail

Parties: Al Batin v. Afriye Acquah & FIFA

Case number: CAS 2022 A 9237

Outcome: Appeal dismissed; Al Batin ordered to pay USD 280,831.68 plus 5% interest p.a. from 1 Jan 2022 to the player, and a reprimand and fine of USD 40,000 to FIFA.

Quantum: USD 280,831.68

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss law, CAS Code

Issues in play: Force majeure defense under Swiss law vs. pacta sunt servanda; proportionality of disciplinary sanctions under FIFA RSTP Art. 12bis.

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

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