FC Noah v. Fédération Internationale de Football Association (FIFA)

At a glance

Parties

FC Noah (Armenia) v. Fédération Internationale de Football Association (FIFA)

Case no.

CAS 2023/A/10041

Forum and rules

Court of Arbitration for Sport, appeal procedure under the CAS Code of Sports-related Arbitration; FIFA regulations (FIFA Clearing House Regulations) applied primarily, Swiss law subsidiarily

Panel

Mr Mark Hovell, Sole Arbitrator

Sector

Football; training compensation; FIFA Clearing House

Outcome

Appeal partially upheld (4 August 2025). FIFA's decision was annulled and the matter was referred back to FIFA for a new decision. Noah's request for a simple annulment was rejected because the training club, Zenit, was not a respondent.

Amount

FIFA's appealed decision ordered Noah to pay training compensation of EUR 102,630.14. The cost rulings (operative paras 3–4) are not reproduced in the published award.

The dispute

FC Noah, an Armenian club, registered an Armenian player, S., from FC Zenit JSC (Russia) on 23 February 2023. Under a settlement agreement of 14 February 2023, Zenit had waived training compensation from the player's next club in return for a termination fee of RUB 3,000,000, which Noah paid. Noah uploaded the waiver, in Russian only, to the Transfer Matching System when it applied for the International Transfer Certificate, but not during the Electronic Player Passport review under the then-new FIFA Clearing House Regulations. Noah also did not answer four FIFA requests for documents. On 19 September 2023, FIFA's general secretariat issued an Allocation Statement ordering Noah to pay EUR 102,630.14 in training compensation. Noah appealed, relying on the validity of the waiver, pacta sunt servanda, the objectives of the Clearing House and procedural fairness. FIFA argued that the appeal had to fail because Noah had not named Zenit as a respondent (passive mandatory litisconsortium) and because Noah had not filed the waiver during the review phase as Article 9 FCHR requires.

Key holdings

1. CAS has jurisdiction under Article R47 of the CAS Code, Article 10.5(b) of the FCHR and Article 57 of the FIFA Statutes. The appeal, filed on 10 October 2023 against a decision notified on 19 September 2023, was within the 21-day time limit and is admissible. ¶¶ 68–76
2. Zenit's written statement, filed with Noah's second-round submission, is admitted despite FIFA's objection under Article R56. It related only to the joinder issue the Sole Arbitrator had directed the parties to address, and it added nothing new to the file. ¶¶ 81–84
3. Noah's primary request to annul the decision outright is rejected for breach of passive mandatory litisconsortium. Annulment would remove Zenit's award of training compensation, so Zenit had a legal interest and a right to be heard. Under Article R48 it is for the appellant to call the correct respondents, not for an omitted party to intervene. ¶¶ 97–101
4. The appeal is nevertheless not rejected. Following CAS 2023/A/10002, prayers that do not affect an absent respondent's rights can still be granted. Several factors made outright rejection unjust: the FCHR were new; FIFA appeared to know of the waiver but never asked for a translation; and there was strong prima facie evidence that Zenit had waived its entitlement. ¶¶ 103–105
5. The decision is annulled and the case referred back to FIFA, which can verify the English waiver and the Zenit statement with Zenit and issue a new decision. That decision can again be appealed to CAS by Noah or by Zenit. The Sole Arbitrator considered this the only option that protects Zenit's rights and respects both parties' prayers. ¶¶ 106–111; operative part

Procedural history

1. 23 February 2023The player's registration is transferred from Zenit to Noah, triggering the FIFA Clearing House process (EPP reference 19135).
2. 19 September 2023FIFA's general secretariat issues the EPP determination and Allocation Statement TC-2240, ordering Noah to pay EUR 102,630.14.
3. 10 October 2023Noah files its Statement of Appeal with CAS. The proceedings are later suspended by agreement until 31 May 2024.
4. 6 June 2024The Deputy President of the CAS Appeals Arbitration Division refers the case to a sole arbitrator.
5. 23 July – 5 August 2024Lars Hilliger is appointed Sole Arbitrator. Noah challenges him over his prior FIFA nominations, and he recuses himself.
6. 16 August 2024Panel constituted, with Mark Andrew Hovell as Sole Arbitrator (appointed on 8 August 2024).
7. 31 January 2025FIFA files its Answer.
8. 11 February 2025The Sole Arbitrator decides that no hearing is needed and allows a second round of submissions limited to the joinder of Zenit.
9. 4 August 2025Award: appeal partially upheld; decision annulled and the matter referred back to FIFA.

Tribunal, counsel and experts

Decided by

• Mark Andrew Hovell Sole arbitrator, Court of Arbitration for Sport — appointed by the institution (replaced Lars Hilliger, who recused himself on 5 August 2024)

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Keywords

• training compensation
• FIFA Clearing House Regulations
• Electronic Player Passport
• Allocation Statement
• waiver of training compensation
• passive mandatory litisconsortium
• standing to be sued
• missing respondent
• referral back to FIFA
• Article R48 CAS Code
• Article R56 CAS Code
• excessive formalism
• pacta sunt servanda
• Transfer Matching System
• Zenit
• arbitrator challenge
• IBA Guidelines on Conflicts of Interest

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