Sportive Nationality: CAS 2020/A/6933 Emilio Yamín Faure v. Al Salam Zgharta Club and FIFA

CAS 2020/A/6933 Emilio Yamín Faure v. Al Salam Zgharta Club and FIFA

Date of the decision: 2021-01-26

Arbitrator(s): Sofoklis Pilavios

According to consistent case-law developed by the FIFA DRC, sportive nationality is linked to the concrete situation of the registration of a player at a club affiliated to the specific association domiciled in a country of which the player is also national. In this respect, it is decisive to establish, first, under which nationality a player actually signs a contract, and subsequently, under which nationality he registers with the club concerned.

Facts and Procedure

On 6 July 2018, the Player entered into an employment agreement with the Club, drafted in English and Arabic, according to which the Club engaged the services of the Player as of 1 June 2018 until the end of the 2018-2019 season.

The contract’s preamble stated in print the following: “Mr Emilio Yamin Faure, Mexican Citizen.” However, the printed word “Mexican” was crossed-out and replaced with the word “Lebanese” in handwritten form. The contracting parties put their signatures next to the handwritten amendment.

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