CAS 2023/A/9669 West Ham United Football Club v. PFC CSKA & FIFA
CAS · Football (FIFA / CAS) · Switzerland · 30 May 2025
Why it matters
This case is a landmark decision on the interplay between football transfer payment obligations and international sanctions. The CAS majority held that sanctions do not automatically excuse payment but delay it until a license is obtained or sanctions end. It also clarified the standard for amending disciplinary sanctions, requiring evident and gross disproportionality. The ruling provides guidance for clubs and players affected by sanctions in cross-border transfers.
Summary
West Ham United FC appealed a FIFA PSC decision ordering it to pay PFC CSKA the second installment of a transfer fee for player Nikola Vlašić. The transfer agreement required payment to CSKA's bank account at Sovcombank, a Russian bank. After Russia's invasion of Ukraine in February 2022, US and UK sanctions designated CSKA, its owner VEB, and Sovcombank as sanctioned entities, making it illegal for West Ham (a UK company) to make payment without a license. West Ham argued that sanctions made performance impossible and sought to avoid payment or delay it. The CAS majority (2-1) found that the sanctions did not terminate the obligation but suspended it until a license is obtained or sanctions are lifted. The majority partially annulled the FIFA PSC decision, ordering West Ham to pay the installment plus interest when legally permitted, and imposed a transfer ban if payment is not made within 45 days of the due date. The dissenting arbitrator would have upheld the original decision. The case clarifies that sanctions do not automatically discharge contractual debts but defer performance, and that CAS panels should only amend disciplinary sanctions if they are evidently and grossly disproportionate.
The detail
Parties: CAS 2023/A/9669 West Ham United Football Club v. PFC CSKA & FIFA
Outcome: West Ham's appeal partially upheld; FIFA PSC decision partially annulled; West Ham ordered to pay CSKA EUR 8,550,266.767 plus 5% interest from the due date (when sanctions permit), with a transfer ban if not paid within 45 days of due date.
Quantum: EUR 8,550,266.767
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), Swiss law, CAS Code of Sports-related Arbitration
Issues in play: Conflict between contractual payment obligations and international sanctions regimes (US and UK sanctions against Russian entities); force majeure and impossibility of performance due to sanctions.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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