Al Ahli Saudi Club v. Hamdi Naguez

At a glance

Parties

Al Ahli Saudi Football Club (Saudi Arabia), appellant, v. Hamdi Naguez (Tunisian footballer), respondent

Case no.

CAS 2022/A/9088

Forum and rules

Court of Arbitration for Sport, appeal procedure under the Code of Sports-related Arbitration (Article R47; consent award under Article R56)

Treaty

None. Appeal against a decision of the FIFA Dispute Resolution Chamber under Article 57 of the FIFA Statutes

Tribunal

François Klein (Sole Arbitrator)

Sector

Football; player employment contract

Outcome

Consent award (22 June 2023). The Sole Arbitrator ratified the parties' settlement of 25 May 2023 and struck the appeal from the CAS roll.

Amount

FIFA DRC had awarded the player USD 335,556 in unpaid salaries, USD 89,889 for holidays and USD 444,445 compensation, each with 5% interest. Under the settlement the Club was to pay USD 927,101.54 net by 26 May 2023 and bear all procedural costs of the appeal.

The dispute

On 10 October 2021 Al Ahli Saudi Football Club signed the Tunisian international Hamdi Naguez on a contract running to 30 June 2022, at a monthly net salary of USD 88,889. In January 2022 the player complained that four months' salary was unpaid and that he had been barred from first-team training since 13 January 2022. He gave the Club 15 days to pay. On 30 January 2022 the Club terminated the contract with immediate effect. The Club argued that the player had misled it by hiding an existing contract with the Egyptian club Zamalek SC, and it counterclaimed USD 1,100,000. The FIFA Dispute Resolution Chamber found that the Club had terminated without just cause and ordered it to pay salaries, holiday pay and compensation. The Club appealed to CAS, and the parties settled after the hearing.

Key holdings

1. CAS has jurisdiction under Article R47 of the Code and Article 57 of the FIFA Statutes. No internal remedy remained against the FIFA DRC decision, and both parties signed the order of procedure without reservation. ¶¶ 44–48
2. Under Article R56(2) of the Code, a settlement may be incorporated into a consent award, which then has res judicata effect. Before doing so, the arbitrator must check that the settlement was made in good faith, that the parties' will was not manipulated, and that its terms do not breach public policy or mandatory law (citing CAS 2013/A/3395). ¶¶ 51–54
3. The Sole Arbitrator found that the settlement was freely negotiated and concluded in good faith and did not violate public policy. He therefore ratified it and ordered the parties to comply with it. ¶¶ 55–57
4. Under the settlement, the Club was to pay the player USD 927,101.54 net of all charges by 26 May 2023, and its terms replace the FIFA DRC decision of 21 July 2022 (case FPSD-5045). The Club bears all procedural costs and legal expenses of the appeal and of the consent award. ¶ 49 (Settlement, clauses 4–7 and Annex A)
5. The operative part ratifies the settlement of 25 May 2023, closes the proceeding and strikes it from the CAS roll. Paragraph 57 refers to the settlement as dated 16 May 2023, but the operative part and the agreement itself give 25 May 2023. ¶ 57; operative part ¶¶ 1–3

Procedural history

1. 10 October 2021Employment contract signed, running until 30 June 2022.
2. 25 January 2022The player's counsel gives the Club notice to pay four months of unpaid salary within 15 days.
3. 30 January 2022The Club terminates the contract with immediate effect.
4. 3 February 2022The player files a claim with the FIFA Dispute Resolution Chamber (case FPSD-5045).
5. 21 July 2022The FIFA DRC partly upholds the claim and finds that the Club terminated without just cause. The decision was notified on 25 July 2022.
6. 9 August 2022The Club files its statement of appeal with CAS. The settlement agreement gives the date as 15 August 2022.
7. 15 December 2022Hearing held by videoconference before the Sole Arbitrator.
8. 25 May 2023The parties sign a settlement agreement.
9. 22 June 2023Consent award ratifies the settlement and terminates the proceeding.

Tribunal, counsel and experts

Decided by

• François Klein Sole arbitrator, Court of Arbitration for Sport — appointed by the institution (Appointed by the President of the CAS Appeals Arbitration Division)

For the claimant

Al Ahli Saudi Club (in-house)

For the respondent

Anis Ben Mime · Olfa Arjoun

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Keywords

• football
• consent award
• settlement agreement
• Article R56 CAS Code
• termination without just cause
• unpaid salaries
• FIFA Dispute Resolution Chamber
• FIFA RSTP Article 17
• abusive conduct
• Article 14 RSTP
• Zamalek
• player employment contract
• res judicata
• public policy
• Al Ahli
• Saudi Arabia

Summary generated with AI from the published documents — refer to the award for the authoritative text.