1. Matuzalém and 2. Real Zaragoza v. 1. FC Shakhtar Donetsk and 2. Fédération Internationale de Football Association (FIFA) [Matuzalém] No. 4A_320/2009 - Swiss International Arbitration Law Reports (SIALR) - 2010 Vol. 4 Nos. 1 & 2

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34 pages

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November, 2013

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Court Decisions

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Originally from: 

Swiss International Arbitration Law Reports 2010 Vol. 4 Nos. 1 and 2

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No. 30

1. Matuzalém and 2. Real Zaragoza v. 1. FC Shakhtar

Donetsk and 2. Fédération Internationale de Football

Association (FIFA)

[Matuzalém]

No. 4A_320/2009

Headnote

■ An application to set aside an award cannot rely on a breach of

the Federal Constitution or international treaties. The guarantees

derived from such instruments may be taken into account where the

grounds for setting aside to be applied under article 190(2) FPILA

are a concrete rendering of such guarantees.

■ A CAS award ordering a football player and his new club to pay

compensation to the player’s former club in a large amount is not

contrary to public policy or article 27 of the Swiss Civil Code.

Summary of the Decision

Mr. Francelino da Silva Matuzalém is a football player. In 2004, he

was transferred to the Ukrainian club Shakhtar Donetsk (“Shakhtar”)

with which he signed a five-year contract. In 2007, the player gave

Shakhtar a notice of termination with immediate effect. He then signed a

new contract with the Spanish club Real Zaragoza. Shakhtar initiated

proceedings before the FIFA Dispute Resolution Chamber (DRC)

seeking compensation from Mr. Matuzalém and Real Zaragoza. The

DRC held that Shakhtar was entitled to compensation. Mr. Matuzalém,

Real Zaragoza, as well as Shakhtar, which disputed the amount of the

compensation, appealed this decision before the CAS. The CAS

annulled the DRC’s decision in part and increased the amount of the

compensation to be paid to Shakhtar.

Mr. Matuzalém and Real Zaragoza sought to have the award set aside

by the Federal Supreme Court.

The application was denied.

The Court recalled, firstly, that setting aside proceedings were a

remedy such that where a petitioner was successful, the challenged

award could only be set aside. In the present case, the petitioners’

prayers for relief were inadmissible in so far as they sought a finding that

Mr. Matuzalém owed compensation to Shakhtar in an amount lower than