CD Universidad Catolica v. Lisandro Joel Alzugaray

At a glance

Parties

Club Deportivo Especializado de Alto Rendimiento Universidad Católica del Ecuador (Ecuador), appellant, v. Lisandro Joel Alzugaray (Argentine footballer), respondent

Case no.

CAS 2024/A/10533 (TAS 2024/A/10533)

Forum and rules

Court of Arbitration for Sport, appeals procedure under the Code of Sports-related Arbitration (2023 edition); appeal against a decision of the FIFA Dispute Resolution Chamber of 7 March 2024; award in Spanish

Tribunal

Gonzalo Bossart (President), Gustavo Albano Abreu, Rui Botica Santos

Sector

Professional football; player's economic rights

Outcome

Appeal partially upheld (1 July 2025). By majority, the Panel confirmed that the club owes the player 30% of the USD 700,000 buy-out payment, but interest now runs from 27 October 2023 instead of 26 August 2022.

Amount

Awarded: USD 210,000 plus 5% interest per year from 27 October 2023 until payment. The operative points on costs are not reproduced in the published award.

The dispute

Universidad Católica, a Quito club, employed the Argentine player Lisandro Joel Alzugaray. Clause Sixth of their contract of 29 December 2021 gave the club 100% of his federative rights and 70% of his economic rights and reserved the other 30% to the player. Clause Sixteenth allowed the player to terminate early by paying USD 700,000. In July 2022 the player exercised that buy-out clause to join the Saudi club Al-Ahli, which paid the club USD 700,000 on 25 August 2022. The player then claimed 30% of that sum (USD 210,000). The club argued that a buy-out was not a transfer, that the player's share depended on a written tripartite transfer agreement, and that his share ended when the contract was terminated. In the alternative, it argued that interest should run only from the player's formal demand.

Key holdings

1. Applicable law (by majority): FIFA's statutes and regulations, in particular the May 2023 Regulations on the Status and Transfer of Players, apply first, with Swiss law as a complementary source. This prevails over the contract's choice of Ecuadorian law and FEF rules, which apply only subsidiarily. The parties' voluntary submission to FIFA's jurisdiction takes precedence over the law chosen in the contract. ¶¶ 73–81
2. A transfer is a change of a player's registration, or of employer. It does not require a formal, written transfer contract: "transfer" and "transfer contract" are genus and species. A transfer is independent of the act or contract that triggers it. ¶¶ 91, 94
3. The player's exercise of the buy-out clause was a transfer. The clause was the club's advance consent to his move against payment of USD 700,000. Al-Ahli paid that sum, and the player consented to end his contract and sign with Al-Ahli. The club's distinction between a transfer contract and a buy-out is irrelevant. ¶¶ 100–103
4. Interpreting the contract under Article 18(1) of the Swiss Code of Obligations, Clause Sixth is a sell-on clause. It splits the proceeds of any transfer 70/30, whatever operation triggers the transfer, including a buy-out. The club drafted the contract and did not exclude buy-outs. The player is therefore entitled to 30% of USD 700,000, that is USD 210,000. ¶¶ 108, 123–125, 128
5. Keeping the player's 30% would also enrich the club without just cause, contrary to Article 62 of the Swiss Code of Obligations. ¶¶ 126–127
6. Interest: Clause Sixth fixed no payment date, so under Article 102(1) of the Swiss Code of Obligations the club was in default only after the player's formal demand. That demand set a deadline of 26 October 2023, so 5% interest runs from 27 October 2023. The FIFA DRC decision is confirmed in all other respects. ¶¶ 132–135; operative part

Procedural history

1. 30 November 2020The club and the player sign a one-year employment contract with options for the club to buy 70% of his economic rights.
2. 29 December 2021The parties sign the employment contract in dispute, with the 70/30 economic rights clause (Clause Sixth) and the USD 700,000 buy-out clause (Clause Sixteenth).
3. 31 July – 25 August 2022The player exercises the buy-out clause and signs with Al-Ahli on 1 August 2022. Al-Ahli pays the club USD 700,000 on 25 August 2022.
4. 15 December 2023The player files a claim for USD 210,000 with the FIFA Dispute Resolution Chamber. The club does not respond.
5. 7 March 2024The FIFA DRC orders the club to pay USD 210,000 plus 5% interest from 26 August 2022. Its grounds are notified on 8 April 2024.
6. 29 April 2024The club files its statement of appeal with CAS.
7. 16 May – 17 June 2024The arbitration is suspended for mediation. It resumes after the mediation fails.
8. 31 July 2024Panel constituted: Gonzalo Bossart (President), Gustavo Albano Abreu and Rui Botica Santos.
9. 20 March 2025Hearing held by videoconference.
10. 1 July 2025Award: appeal partially upheld by majority; only the start date of interest is changed.

Tribunal, counsel and experts

Decided by

• Gonzalo Bossart President, Panel
• Gustavo Albano Abreu Co-arbitrator, Panel — appointed by the claimant (appointed after the club's first nominee declined on 28 June 2024)
• Rui Botica Santos Co-arbitrator, Panel — appointed by the respondent

For the claimant

Gonzalo Mayo Nader · Javier Casabal · Celso Vásconez

For the respondent

Luca Tettamanti · Tomás Pereda Rueda

Experts

Gabriel Barona Morey (claimant)

Run a conflict check on these names →

Keywords

• football
• buy-out clause
• rescission clause
• economic rights
• federative rights
• sell-on clause
• concept of transfer
• FIFA RSTP
• Article 18ter RSTP
• FIFA Dispute Resolution Chamber
• applicable law
• Article R58 CAS Code
• Swiss Code of Obligations
• unjust enrichment
• default interest
• Al-Ahli
• Ecuador

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