Aliou Dieng v. Fédération Internationale de Football Association (FIFA)

At a glance

Parties

Aliou Dieng (Mali), professional football player, v. Fédération Internationale de Football Association (FIFA)

Case no.

CAS 2021/A/8527

Forum and rules

Court of Arbitration for Sport, appeals arbitration under the Code of Sports-related Arbitration; seat in Switzerland

Treaty

None. Appeal under Article 49 of the FIFA Disciplinary Code and Articles 57–58 of the FIFA Statutes

Panel

Alexander McLin (President), Jean-Pierre Karaquillo, Patrick Grandjean

Sector

Football; player–agent dispute; disciplinary enforcement

Outcome

Appeal dismissed and the FIFA Disciplinary Committee decision of 7 October 2021 confirmed (award of 6 June 2023).

Amount

Underlying debt: USD 251,600 plus 5% interest from 17 July 2019, CHF 5,000 for legal costs and CHF 15,040 for arbitration costs. Sanctions upheld: fine of CHF 10,000, and a six-month ban from all football-related activity if the debt is not paid within 30 days.

The dispute

On 25 November 2018 Aliou Dieng, a Malian professional footballer, signed an exclusive "mediation contract" with the agent Kamel Bengougam. The contract ran until 1 October 2019. On 15 July 2019, without telling Bengougam, the player signed a five-season contract worth USD 2,516,000 with the Egyptian club Al Ahli Sporting Club. In an ordinary CAS arbitration (CAS 2020/O/6691), an award of 25 January 2021 ordered the player to pay Bengougam USD 251,600 plus interest, and costs. The player did not pay. On Bengougam's request, the FIFA Disciplinary Committee found him in breach of Article 15 of the FIFA Disciplinary Code, fined him CHF 10,000 and set a 30-day final deadline, failing which a six-month ban would apply. On appeal, the player argued three points: the Committee lacked jurisdiction where the creditor was an intermediary; Article 15 was too unclear to serve as a legal basis for the sanctions; and the ban was disproportionate.

Key holdings

1. The FIFA Disciplinary Code in its 2019 version applies, because the failure to pay occurred after that version entered into force on 15 July 2019. Swiss law applies subsidiarily. ¶ 54
2. The Disciplinary Committee had jurisdiction. Article 15 covers "whoever" fails to pay "another", and Article 3 makes both players and intermediaries subject to the Code. An intermediary who holds a creditor's claim may therefore ask for disciplinary proceedings. The Panel added that the term "agent" in FIFA's newer rules refers to the same activity as "intermediary", and that Bengougam is registered as such with a national association. ¶¶ 64–68
3. Article 15 is a clear and unambiguous legal basis and satisfies the predictability test. A "CAS decision" in Article 15 means any CAS award, whether or not it involves an intermediary. The 2021 Statutes' switch from "intermediaries" to "agents" did not remove FIFA's jurisdiction. ¶¶ 70–73
4. CAS may change sanctions imposed by the FIFA Disciplinary Committee only if they are unjustified or evidently and grossly disproportionate to the offence. ¶¶ 75–76
5. The CHF 10,000 fine is within the limits of Article 6(4) and equals about 4% of the debt, so it is not disproportionate. The six-month ban is also proportionate. It applies only if the player fails to pay within 30 days, it is capped at six months, and it is lifted at once upon payment. ¶¶ 78–80
6. The appeal is dismissed and the Disciplinary Committee decision of 7 October 2021 is confirmed. The published award omits the operative paragraphs on costs. Operative part

Procedural history

1. 25 January 2021CAS award in CAS 2020/O/6691 orders the player to pay Bengougam USD 251,600 plus 5% interest from 17 July 2019, and CHF 5,000 towards legal costs.
2. 13 September 2021Bengougam asks the FIFA Disciplinary Committee to sanction the player under Article 15 of the FIFA Disciplinary Code.
3. 7 October 2021Disciplinary Committee decision: fine of CHF 10,000, a 30-day final deadline to pay, and a six-month ban if the debt remains unpaid. The grounds are notified on 3 December 2021.
4. 23 December 2021The player files a statement of appeal with CAS.
5. 21 April 2022Panel constituted.
6. 30 May 2022Hearing held by video-conference.
7. 6 June 2023Award: appeal dismissed and decision confirmed.

Tribunal, counsel and experts

Decided by

• Alexander McLin President, CAS Panel
• Jean-Pierre Karaquillo Co-arbitrator, CAS Panel — appointed by the claimant
• Patrick Grandjean Co-arbitrator, CAS Panel — appointed by the institution (appointed by the President of the CAS Appeals Arbitration Division because FIFA did not appoint an arbitrator)

For the claimant

Redouane Mahrach

For the respondent

FIFA Litigation Department

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Keywords

• FIFA Disciplinary Code
• Article 15 FDC
• failure to comply with CAS award
• football agent
• intermediary
• player–agent dispute
• standing
• legal basis
• predictability
• proportionality of sanctions
• football ban
• fine
• Al Ahli
• CAS 2020/O/6691
• disciplinary enforcement

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