DNN Sports Management LDA v. Baniyas Football Sports Club Company (CAS 2018/A/5782)
CAS · Football (FIFA / CAS) · Switzerland · 28 February 2019
Why it matters
This case clarifies that for CAS to have jurisdiction in football disputes, the national association's statutes must expressly provide for an appeal to CAS. The AFC and FIFA statutes do not automatically create such a right; it must be implemented by the national association. The decision reinforces the principle of exhaustion of internal remedies before appealing to CAS.
Summary
DNN Sports Management LDA, a Portuguese football intermediary, claimed it was owed USD 462,500 by Baniyas Football Sports Club Company under an employment offer for a player. DNN filed a claim with the UAE Football Association (UAE FA), which was rejected by the Players' Status Committee (PSC) on 20 May 2018 for lack of evidence. Instead of appealing to the UAE FA Arbitration Tribunal as provided by UAE FA regulations, DNN appealed directly to the Court of Arbitration for Sport (CAS). The respondent challenged CAS jurisdiction. The Sole Arbitrator found that under Article R47 of the CAS Code, CAS jurisdiction requires either a specific arbitration agreement or that the statutes of the body whose decision is appealed provide for an appeal to CAS. The UAE FA Statutes and Regulations do not provide for an appeal to CAS; they designate the UAE FA Arbitration Tribunal as the appellate body, whose decisions are final. The AFC and FIFA Statutes, while recognizing CAS, do not oblige the UAE FA to allow direct appeals to CAS. Additionally, DNN did not exhaust internal remedies by appealing to the UAE FA Arbitration Tribunal. Therefore, CAS lacked jurisdiction and dismissed the appeal.
The detail
Parties: Sports Management LDA v Baniyas Football Sports Club Company
Case number: CAS 2018/A/5782
Outcome: CAS dismissed the appeal for lack of jurisdiction; the decision of the UAE FA Players' Status Committee was not appealed to the UAE FA Arbitration Tribunal as required.
Applicable law: CAS Code of Sports-related Arbitration (Articles R27, R47); UAE FA Statutes and Regulations; AFC Statutes; FIFA Statutes
Issues in play: The case concerned whether CAS had jurisdiction to hear an appeal from a UAE FA decision, given that the UAE FA's internal regulations provided for appeal to its own Arbitration Tribunal, not CAS. The appellant argued that AFC and FIFA statutes required recognition of CAS jurisdiction.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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