Admissibility: CAS 2022/A/9248 Joris Gnagnon v. Sevilla Football Club and FIFA

CAS 2022/A/9248 Joris Gnagnon v. Sevilla Football Club and FIFA

Date of the decision: 2024-01-17

Arbitrator(s): Jacopo Tognon Ulrich Haas José Manuel Maza

The possibility to deny the arbitrability of a dispute (which is otherwise arbitrable) based on a foreign provision providing for the mandatory jurisdiction of State courts may only be taken into consideration within the scope of public policy, which is considered to be the only restriction to arbitrability in such case.

Facts and Procedure

On 24 July 2018, the Player and the Club entered into an employment agreement comprised of an employment contract and an annex with specific terms and conditions. The Contract would have lasted until 30 June 2024.

On 16 September, the Club opened disciplinary proceedings against the Player after he returned from vacation with excessive weight. The Player did not file his position regarding the disciplinary proceedings, which resulted in a fine. This fine was not appealed.

On 16 September, the Club initiated disciplinary proceedings against the Player for returning from vacation with excessive overweight. The Player did not respond to these proceedings, resulting in a fine. This fine was not appealed. On 21 October 2020,...

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