How a footballer won the battle for $700k unpaid wages against former club in sporting succession case

In a recent award published by the Court of Arbitration for Sport (CAS) in CAS 2024/A/10783 Shaanxi Union Football Club v. Moses Ogbu (Award), the Sole Arbitrator emphasised the importance of context and timing in sporting succession cases (whether or not a “new club” is liable for the debts and obligations of a “former club” because they are deemed in effect to be the same club, albeit under a different structure). In doing so, this Award advances the approach taken by recent CAS arbitrators in establishing the link between an old and new club.

This article analyses the award’s key points: the preliminary jurisdictional issues, the Sole Arbitrator’s detailed application of succession criteria (with a restrictive, case-by-case approach), the resulting liability under FIFA regulations, how the Player’s diligence in pursuing his claim helped win the case. Finally, the authors draw out the broader significance for clubs managing transitions.

The Award is available here^[1].

Please note that the author was part of the team representing the player in this case.

Article Outline

• Procedural Background
• Preliminary Jurisdictional Issues
  • CAS Jurisdiction Without FIFA as Respondent - Vertical vs Horizontal Disputes
  • Admissibility of Post-Hearing Submissions
• Merits – Sporting Succession Analysis
  • Name of the Club
  • Use of Logo
  • Choice of Team Colors
  • History of the Club
  • Chinese Football Association’s Position
  • Competition Category
  • Players
  • Social Media Accounts
  • Shareholders and Management
  • Staff
  • Headquarters
  • Stadium
  • Credits
  • Legal form
  • Sponsors
• Overall Assessment and Conclusion
• The Player's Diligence in Pursuing Claims
• Conclusion