TAS 2023 A 10221 Club Atlético Independiente c. Intersports Consultoría Deportiva Ltd ES
CAS · Football (FIFA / CAS) · Switzerland · 31 Jan 2025
Why it matters
This case clarifies that a waiver of appeal rights in a settlement agreement incorporated into a CAS consent award is valid and enforceable, even regarding future FIFA disciplinary sanctions. It distinguishes between waivers in private settlements and those in arbitral proceedings, reinforcing that parties cannot later challenge sanctions they expressly agreed to, provided due process was respected. The decision limits clubs' ability to circumvent disciplinary consequences by invoking procedural rights after consenting to them.
Summary
Club Atlético Independiente (Argentina) hired Intersports Consultoría Deportiva Ltda. (Brazil) as an intermediary to sign player Juan Ramón Cazares Sevilla. The club agreed to pay USD 475,000 if the signing succeeded. After the player was signed, the club acknowledged the debt and promised to pay in three installments. The club defaulted, and Intersports initiated CAS arbitration (TAS 2023/O/9623). On 14 July 2023, the parties reached a settlement, which was incorporated into a consent award on 3 October 2023. The settlement included a clause (cláusula cuarta) stating that if the club failed to pay, Intersports could report the breach to the FIFA Disciplinary Committee, and the club waived any appeal against that committee's decision. The club again defaulted, and Intersports filed a complaint with FIFA. On 21 November 2023, the FIFA Disciplinary Committee proposed a sanction: payment of USD 570,000 plus 5% interest, a final 30-day deadline, a ban on registering new players until full payment, and a CHF 25,000 fine. The club did not object within the five-day period, so the sanction became final and binding on 28 November 2023. The club then appealed to CAS (TAS 2023/A/10221), arguing that the waiver was invalid because it violated the right to due process and independent review under Swiss law (Art. 27 Swiss Civil Code) and that the waiver only covered the debt amount, not disciplinary sanctions. The respondents argued that the appeal was inadmissible due to the express waiver in the consent award. The Sole Arbitrator bifurcated the proceedings to first decide admissibility. He held that the waiver was valid and enforceable. The club had freely negotiated the settlement in a full adversarial process before CAS, with legal representation, and knew the consequences of non-payment. The waiver did not violate public policy because it concerned a purely patrimonial matter and was not contrary to morality. The club's conduct, avoiding the original arbitration, consenting to the award, and then failing to object to the FIFA proposal, showed it was trying to evade the agreed sanctions. The appeal was declared inadmissible, and the club was ordered to pay CHF 2,000 to each respondent for legal costs.
The detail
Parties: TAS 2023 A 10221 Club Atlético Independiente c. Intersports Consultoría Deportiva Ltd ES
Outcome: The appeal was declared inadmissible. The appellant must pay CHF 2,000 to each respondent for legal costs.
Quantum: CHF 4,000 (total legal costs contribution)
Applicable law: FIFA Statutes (Art. 57), FIFA Disciplinary Code (Art. 21, 58), CAS Code of Sports-related Arbitration (R47, R48, R51, R64), Swiss Civil Code (Art. 27), Swiss Private International Law Act (Art. 192), Swiss Code of Civil Procedure (Art. 238)
Issues in play: The validity of a contractual waiver of the right to appeal a FIFA disciplinary decision, versus the fundamental right to due process and independent review. The tribunal weighed party autonomy against public policy.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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