Fidel Martínez wins CAS appeal

Morgan Sports Law successfully represented the Ecuadorian national team player, Fidel Martínez before the Court of Arbitration for Sport (“CAS”) in a contractual dispute against his former club, Atlas FC (Mexico).

SUMMARY

On 4 October 2019, the Comisión de Conciliación de Resolución de Controversias of the Mexican Football Federation (the “CCRC”) declared that Mr Martínez’s claim against Atlas FC for breach of contract was time-barred as it fell outside the 2-month statute of limitations mandated by Mexican Federal Labour Law. As such, Mr Martínez’s claim was rejected as inadmissible.

In October 2019, Mr Martínez initiated his appeal before the CAS, challenging the CCRC decision.

On 13 August 2020, the CAS partially upheld Mr Martinez’s appeal deciding, inter alia, that:

1. the applicable statute of limitations was 2 years as provided in the FIFA Regulations, and not the one mandated by the Mexican Federal Labour Law. As such, the arbitral tribunal annulled the CCRC decision; and
2. Mr Martínez terminated his contract with Atlas with just cause. As such, the arbitral tribunal ordered Atlas FC to pay to Mr Martínez compensation for breach of contract.

Fidel Martínez was represented in the CAS proceedings by William Sternheimer (Partner).