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CAS 2022 A 9259 (CAS)

Why it matters

This case clarifies that for FIFA jurisdiction, the 'international dimension' is determined by the parties' affiliation to different FIFA member associations, not by nationality alone. It resolves a conflict where a player from Hong Kong (a separate FIFA member) and a mainland Chinese club were considered domestic. The decision ensures that players from Hong Kong are treated as international for FIFA disputes, aligning with football's separate association structure.

Summary

Alessandro Ferreira Leonardo, a Brazilian-born player who obtained a Chinese (Hong Kong) passport and played for Hong Kong's national team, signed an employment contract with Guangxi Pingguo Haliao FC, a mainland Chinese club. The contract stated his nationality as Chinese. After a dispute over unpaid salaries and contract termination, the player filed a claim with FIFA. FIFA's Dispute Resolution Chamber (DRC) declined jurisdiction, ruling that the dispute lacked an 'international dimension' because both parties were Chinese nationals. The player appealed to CAS. The Sole Arbitrator held that the key factor is the parties' affiliation to different FIFA member associations: the player was registered with the Hong Kong Football Association (a separate FIFA member) and the club with the Chinese Football Association. Therefore, the dispute had an international dimension under Article 22.1(b) FIFA RSTP. The CAS set aside the DRC decision and referred the case back for a decision on the merits. The award also ordered the club and FIFA to share arbitration costs and pay contributions to the player's legal fees.

The detail

Parties: Alessandro Ferreira Leonardo v. Guangxi Pingguo Haliao FC & FIFA

Case number: CAS 2022 A 9259

Outcome: Appeal upheld. FIFA DRC decision set aside. Case referred back to FIFA Football Tribunal for decision on merits.

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

Issues in play: Interpretation of 'international dimension' under Article 22.1(b) FIFA RSTP; whether a player with Chinese nationality (Hong Kong) and a club from mainland China have an international dimension when they belong to different FIFA member associations.

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

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