TAS 2020 A 7296 Club Social, Cultural y Deportivo Llacuabamba c. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 1 Jun 2021
Why it matters
This case confirms the strict application of Article 15 RPCEJ: a party must request the reasoned decision within 10 days of notification of the operative part, regardless of whether the appeal challenges procedural fairness or substantive issues. Failure to do so results in the decision becoming final and the appeal inadmissible. It underscores the importance of procedural compliance even in extraordinary circumstances like the COVID-19 pandemic.
Summary
The case concerns an appeal by Club Social, Cultural y Deportivo Llacuabamba (Peru) against a FIFA Dispute Resolution Chamber (DRC) decision of 3 July 2020. The DRC had ordered the club to pay USD 92,450 plus 5% interest to a Colombian player for breach of contract. The club argued that its right to be heard was violated because FIFA denied its request for an extension of time to respond to the player's claim, due to COVID-19 restrictions in Peru. The club claimed force majeure prevented it from accessing documents. However, the club failed to request the grounds of the DRC decision within the 10-day period under Article 15 RPCEJ. It requested the grounds on 22 July 2020 (outside the deadline) and filed its appeal on 24 July 2020. FIFA raised a jurisdictional objection. The CAS Sole Arbitrator held that the requirement to request grounds within 10 days applies to all appeals, whether based on procedural or substantive issues. The club's failure to do so rendered the DRC decision final and binding, and the appeal inadmissible. The arbitrator applied the principle 'ubi lex non distinguit, nec nos distinguere debemus' (where the law does not distinguish, neither should we). The appeal was dismissed, and the club ordered to bear the arbitration costs.
The detail
Parties: TAS 2020 A 7296 Club Social, Cultural y Deportivo Llacuabamba c. FIFA
Outcome: The appeal was declared inadmissible; the appellant must bear all arbitration costs and each party bears its own legal costs.
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), FIFA Procedural Rules (RPCEJ), CAS Code of Sports-related Arbitration, Swiss law
Issues in play: The case involved the procedural requirement under Article 15 RPCEJ to request the grounds of a FIFA DRC decision within 10 days, and whether failure to do so renders an appeal inadmissible even if the appeal is based on procedural defects (right to be heard).
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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