TAS 2022 A 9178 Sabri Ali Mohamed c. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 20 Mar 2023
Why it matters
This case reinforces the strict application of procedural rules by the Court of Arbitration for Sport, particularly regarding appeal deadlines and filing methods. It underscores that even minor deviations from formal requirements, such as failing to submit an appeal brief by courier or e-platform in addition to email, can lead to inadmissibility, prioritizing legal certainty and equal treatment in sports arbitration.
Summary
Sabri Ali Mohamed, a Djiboutian professional football player, was sanctioned with a four-year suspension by the FIFA Disciplinary Committee on June 14, 2022, for an anti-doping rule violation involving testosterone. The decision was notified on August 15, 2022, setting an appeal deadline of September 5, 2022, to the Court of Arbitration for Sport (CAS). Mohamed filed his appeal by email on September 3, 2022. However, under Article 31(3) of the CAS Code, an email filing is only valid if followed by a submission via courier or the CAS e-filing platform by the next business day (September 6, 2022). Mohamed's "amplified brief" and payment of the CHF 1,000 Registry fee were submitted by courier on September 8, 2022, two days after the required deadline for physical submission. FIFA requested the proceedings be bifurcated to address the admissibility of the appeal first, arguing that the appeal was inadmissible due to non-compliance with procedural deadlines and filing methods. The CAS Panel, constituted with Ulrich Haas as President, Fernando J. Cabrera Garcia, and Andreu Camps as arbitrators, decided to bifurcate the proceedings. Citing Articles R31, R32, R49, and R57 of the CAS Code, and consistent CAS and Swiss Federal Tribunal jurisprudence (e.g., CAS 2019/A/6294, 4A_690/2016), the Panel emphasized the necessity of strict adherence to procedural deadlines for legal certainty and equal treatment in sports arbitration. It concluded that the appeal was filed out of time and that this finding did not constitute excessive formalism. Consequently, the CAS declared Mohamed's appeal inadmissible. The procedure was deemed free, except for the CHF 1,000 Registry fee, which was retained by CAS, and each party was ordered to bear its own costs.
The detail
Parties: TAS 2022 A 9178 Sabri Ali Mohamed c. FIFA
Outcome: The Court of Arbitration for Sport declared the appeal filed by Sabri Ali Mohamed against the FIFA Disciplinary Committee's decision inadmissible, and ordered each party to bear its own costs, with the CHF 1,000 Registry fee paid by the Appellant retained by CAS.
Quantum: CHF 1,000
Applicable law: FIFA Disciplinary Code, FIFA Anti-Doping Regulations, CAS Code of Sports-related Arbitration (especially R31, R32, R48, R49, R51, R57, R65), Swiss Private International Law Act (LDIP, Art. 182, 186), Swiss Civil Procedure Code (CCP, Art. 125), Swiss Federal Tribunal jurisprudence.
Issues in play: The case primarily involved the strict application of procedural deadlines and filing requirements under the CAS Code, particularly concerning the method and timeliness of submitting an appeal brief. It highlighted the principle of legal certainty in sports arbitration, which mandates strict adherence to formal requirements to ensure predictability and equal treatment among parties.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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