Benjamin Acheampong wins CAS appeal

Benjamin Acheampong wins CAS appeal
News Arbitration Football Disputes

On 16 August 2019, the FIFA Dispute Resolution Chamber (“DRC”) rejected a claim filed by Mr Acheampong after he unilaterally terminated the employment contract with the Egyptian club, Zamalek Sports Club, due to outstanding remuneration and breach of the contract. The DRC found that the parties had signed a settlement agreement whereby Mr Acheampong allegedly confirmed having received all his dues, and that Mr Acheampong did not prove that said agreement was signed under straitened circumstances.

In January 2020, Mr Acheampong initiated his appeal before the CAS, challenging the DRC decision.

On 8 December 2020, the CAS set aside the DRC decision, and partially upheld Mr Acheampong’s appeal, deciding inter alia that:

  1. the settlement agreement had been signed under straitened circumstances making it null and void;
  2. Zamalek Sports Club owed him outstanding remuneration which could not have been waived by virtue of article 341 of the Swiss Code of Obligations; and
  3. the contract had been terminated by Mr Acheampong with just cause entitling him to a compensation for breach of the contract. 

Morgan Sports Law acted for Mr Acheampong in the CAS proceedings. Please contact William Sternheimer (Partner) for further information.