Case of the Day: Chelsea Football Club v. Mutu
Posted on February 27, 2012
In 2006, Chelsea applied to FIFA for compensation. FIFA’s Dispute Resolution Chamber held that it lacked jurisdiction. Chelsea asked the CAS to annul FIFA’s decision, but the CAS agreed with Chelsea and remanded the case to FIFA, which ultimately awarded Chelsea more than £ 17 million, the unamortized portion of the transfer fee Chelsea had paid to AC Parma. Mutu appealed to the CAS but lost. He then asked the Swiss courts to vacate the award, but they rejected his motion. Chelsea then asked the court in Miami to recognize and enforce the award.
Mutu argued that the award was penal and contrary to public policy, but the court easily rejected that argument on the grounds that even if the award was wrong, it was no so unjust that “enforcement would violate … basic notions of morality and justice.” Easy case.
Photo credit: Roberto Vicario