Football Club Khimki v. Eljver Raça (CAS 2012/A/2957)
CAS · Football (FIFA / CAS) · Switzerland · 5 February 2014
Why it matters
This case clarifies the standard for appointing a handwriting expert in CAS proceedings and the limited scope of review of expert reports. It also illustrates how expert evidence on signature authenticity can override other factual inconsistencies, such as the agent's passport showing he was not in Russia on the date of the disputed agreements.
Summary
Football Club Khimki appealed a FIFA decision ordering it to pay EUR 300,000 to agent Eljver Raça. The Club claimed that a fourth contract had reduced the commission to EUR 200,000, but Raça denied signing it. The CAS Panel appointed a handwriting expert, Mrs Boegli, who concluded that the signatures on the disputed documents were Raça's. The Panel accepted the expert report, finding it credible and well-reasoned, and rejected Raça's objections (e.g., that he was not in Russia, that the courier story was weak). The Panel held that Raça had not met his burden of proving forgery, and therefore the fourth contract was valid. The appeal was upheld, and the FIFA decision set aside.
The detail
Parties: Football Club Khimki v Eljver Raça
Case number: CAS 2012/A/2957
Outcome: Appeal upheld; FIFA decision set aside; Club not liable for EUR 300,000.
Applicable law: FIFA Statutes, Swiss law
Issues in play: Whether a fourth contract reducing agent's commission by EUR 300,000 was validly signed; burden of proof on forgery.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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