FIFA Disciplinary Decision: CAS 2020/A/6784 Al Wahda v. FIFA & Bursaspor

CAS 2020/A/6784 Al Wahda v. FIFA & Bursaspor

Date of the decision: 2021-03-29

Arbitrator(s): Frans De Weger

CAS power to review and amend a disciplinary decision of a FIFA judiciary body should only take place in cases in which the said FIFA judiciary body had acted arbitrarily. As such, only if the sanction concerned must be considered as evidently and grossly disproportionate to the offense will CAS have the authority to amend or set aside the decision.

Facts and Procedure

In August 2016, Al Wahda signed the Player from Bursaspor for a transfer fee of EUR 3 million, which should be paid within two installments. The first installment should be paid by 19 August 2016, and the second installment was due on 8 August 2017. Both clubs further agreed that, in the case Al Wahda would not pay the second installment by 8 August 2017, Al Wahda accepted that Bursaspor was entitled to claim an additional compensation fee of EUR 300,000.

After Al Wahda failed to pay the second installment in due time, in October 2017, Bursaspor requested payment of the overdue part of the transfer fee...

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