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CAS 2023 A 9995 (CAS)

Why it matters

This is one of the first CAS appeals concerning the FIFA Clearing House (FCH) and Electronic Player Passport (EPP) system. The award clarifies that a waiver of training compensation agreed between clubs is valid and can be considered on appeal even if not uploaded during the EPP process, provided it is authentic. It also addresses the burden of proof and the consequences of a club's failure to comply with FCHR procedural requirements.

Summary

The case concerns a training compensation dispute under FIFA's new Clearing House Regulations. The Gambian player Momodou Lamin Darboe was registered as an amateur with Hawks FC from age 12 to 19. In January 2023, he signed a professional contract with Estonian club JK Narva Trans. The clubs signed a Transfer Agreement stating the transfer was free of charge and that Hawks waived training compensation in exchange for 40% of any future transfer fee. Narva failed to upload this agreement during the EPP process. FIFA's Clearing House automatically generated an Allocation Statement ordering Narva to pay EUR 154,986.30 in training compensation to Hawks. Narva appealed to CAS. The Sole Arbitrator admitted the Transfer Agreement despite Narva's procedural failure, finding that fairness and the purpose of the FCH (to ensure clubs that deserve training rewards receive them) justified its consideration. He held that the agreement constituted a valid waiver by Hawks, and Hawks' silence during proceedings confirmed its authenticity. The appeal was upheld, the Allocation Statement set aside, and Narva was not required to pay training compensation. Costs were allocated 75% to Narva and 25% to FIFA, reflecting Narva's negligence in not uploading the waiver earlier.

The detail

Parties: JK Narva Trans v. Hawks FC & FIFA

Case number: CAS 2023 A 9995

Outcome: Appeal upheld; FIFA's Allocation Statement and Determination set aside; Narva not required to pay training compensation to Hawks.

Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP) Articles 20 and Annex 4; FIFA Clearing House Regulations (FCHR); CAS Code of Sports-related Arbitration

Issues in play: Whether a waiver of training compensation in a transfer agreement is valid and enforceable under FIFA regulations, and whether the new club's failure to upload the waiver during the EPP process precludes its consideration on appeal.

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

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