Alleged Contractual Fraud: CAS 2018/A/5725-5726 Santos FC v. FC Barcelona, Neymar Jr, Neymar Sport e Marketing s/s Limitada and FIFA

CAS 2018/A/5725 Santos Futebol Clube v. FC Barcelona, Neymar, Neymar, Neymar Sport e Marketing s/s Limitada and FIFA & CAS 2018/A/5726 Neymar da Silva Santos Junior v. Santos Futebol Clube & FIFA

Date of the decision: 2020-07-07

Arbitrator(s): Sofoklis Pilavios Efraim Barak Ulrich Haas

According to the Swiss Code of Obligations, a party seeking to claim damages based on Article 28 of the aforementioned Code has a peremptory time limit of one year within which it needs to seek restitution for the performance made.

Facts and Procedure

On 19 August 2010, Neymar Junior (the Player) signed an employment contract with Santos, which was set to expire on 19 August 2015. After Spanish side FC Barcelona showed interest in hiring the Player, on 7 November 2011, he and Santos entered into a new employment agreement, which replaced the one in place since 19 August 2010. The latest employment agreement was set to expire on 13 July 2014. The new agreement increased the contractually stipulated compensation amount for Santos in the event of a unilateral early termination of the employment relationship or a transfer of the Player to another club.

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