João António Soares de Freitas v. Al Shabab FC (CAS 2016/A/4477)
CAS · Football (FIFA / CAS) · Switzerland · 9 February 2017
Why it matters
This case clarifies that FIFA's letters declining jurisdiction are appealable decisions if they affect the legal situation of the addressee. It confirms that after 1 April 2015, FIFA no longer has jurisdiction over intermediary disputes, forcing parties to seek other forums. The case also highlights that parties can agree to CAS ordinary arbitration as a first-instance forum if FIFA declines jurisdiction.
Summary
João António Soares de Freitas, a Portuguese football intermediary, entered into two commission agreements with Saudi club Al Shabab FC in January and February 2015. The club paid part of the fees but owed EUR 37,500 and USD 33,333. In December 2015, the intermediary filed a claim with FIFA. FIFA responded in February 2016 stating that since 1 April 2015, under the new FIFA Regulations on Working with Intermediaries, FIFA no longer had jurisdiction over claims by intermediaries. The intermediary appealed this letter to CAS, arguing it was a decision and that FIFA should have heard the case. The sole arbitrator first determined that the letter was indeed a decision because it contained a ruling affecting the intermediary's legal situation, and thus was appealable under the FIFA Statutes. However, on the merits, the arbitrator agreed with FIFA that the new regulations clearly removed FIFA's jurisdiction over intermediary disputes as of 1 April 2015. Since the claim was filed after that date, FIFA correctly declined jurisdiction. The arbitrator also noted that the parties' commission agreements included a clause anticipating FIFA's declination and providing for CAS jurisdiction as a first instance. However, because the intermediary filed an appeal (not an ordinary arbitration), CAS could not hear the merits. The appeal was dismissed, but the intermediary could still file an ordinary arbitration claim at CAS.
The detail
Parties: Joao Antonio Soares de Freitas v Al Shabab FC
Case number: CAS 2016/A/4477
Outcome: The appeal was rejected; FIFA's decision declining jurisdiction was confirmed.
Applicable law: FIFA Regulations on Working with Intermediaries (2015), FIFA Statutes, Swiss law
Issues in play: Whether FIFA's letter declining jurisdiction was a 'decision' appealable to CAS; whether FIFA retained jurisdiction over intermediary disputes after 1 April 2015.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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