Appeal While You Can! When Requesting Further Clarifications Can Be Costly - By Saverio P. SPERA

CAS 2024/A/10414 Alejandro Gustavo Camaño Tolosa v. FIFA

Date of the decision: 2025-01-22

Arbitrator(s): Ken Lalo José María Alonso Puig Giulio Palermo

Introduction

What is an appealable decision? The short answer is any communication that, regardless of its form, intends to affect the legal position of its addressee.^[1]It happens, sometimes, that over the same matter several correspondences are exchanged with a Sports Governing Body (SGB) such as FIFA. Only some of them (if not just one in most of the cases), however, willingly affect the legal position of the addressee. Considering that the time limit to file an appeal at the CAS against a FIFA decision is 21 days, choosing the “wrong” communication (or asking further clarifications assuming that the last answer will be an appealable decision) might prove fatal and lead to a declaration of inadmissibility of the appeal.

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