FIFA - Decisión disputa Lopes Ferreira 11052023
FIFA - Federación Internacional de Fútbol
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- FIFA - Decisión disputa Lopes Ferreira 11052023
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- FIFA - Federación Internacional de Fútbol
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REF. FPSD-8496
Decision of the Dispute Resolution Chamber passed on 11 May 2023 regarding an employment-related dispute concerning the player Alison Ferreira Lopes
COMPOSITION:
Clifford J. Hendel (USA & France), Deputy Chairperson Stella Maris Juncos (Argentina), Member Alejandro Atilio Taraborrelli (Argentina & Italy), Member
CLAIMANT / COUNTER-RESPONDENT:
Alison Lopes Ferreira, Brazil Represented by Tannuri Ribeiro Advogados
RESPONDENT / COUNTERCLAIMANT:
Al Hazem, Saudi Arabia Represented by R&A Sports Law
INTERVENING PARTY:
Santos FC, Brazil Represented by CCLA Advogados pg. 2
REF. FPSD-8496
I. Parties
1. The parties to the dispute at hand are: a. the Brazilian player, Alison Lopes Ferreira (hereinafter: the player or the Claimant / Counter-Respondent 1); b. the Saudi club, Al Hazem Sport Club (hereinafter: Al Hazem or the Respondent / Counterclaimant); and c. the Brazilian club, Santos Futebol Clube (hereinafter: Santos or the CounterRespondent 2).
II. Facts of the case
2. On an unspecified date, the player and Santos initiated an employment relationship.
3. On 3 August 2021, the player, Santos, and Al Hazem, concluded a transfer agreement by means of which the player’s registration was permanently transferred from Santos to Al Hazem as from 1 August 2021. According to such transfer agreement, Al Hazem undertook to pay Santos a transfer fee of USD 700,000, in 2 instalments of USD 350,000 each, payable respectively on 27 August 2021 and on 15 December 2021.
4. On 5 August 2021, the player and Al Hazem concluded an employment contract, valid as
from 1 August 2021 until 30 June 2023 (hereinafter: the Contract).
5. As per the Contract, Al Hazem undertook to pay to the player inter alia the following
concepts: a. USD 600,000 net due as fixed financial payments as follows:
- USD 100,000 due on 30 August 2021; ii. USD 100,000 due on 30 October 2021; iii. USD 100,000 due on 30 December 2021; iv. USD 100,000 due on 30 August 2022;
- USD 100,000 due on 30 October 2022; and vi. USD 100,000 due on 30 December 2022.
b. USD 1,300,000 net as salaries payable in instalments by the last day of each month, as follows:
- USD 54,545 during the 2021-2022 season; and ii. USD 58,333 during the 2022-2023 season. pg. 3
REF. FPSD-8496
c. Housing; d. A car for personal use of the player; and e. “Arline tickets (business class) per season, for the player, his wife and his kid”.
6. Clause 7, par. 14 of the Contract reads as follows: “The player shall allow himself to be treated by a doctor / physiotherapist / chiropractor designated by the club. Nevertheless, the player shall have the right to a second opinion by an independent medical specialist of his choice if he contests the opinion of the club’s doctor / physiotherapist / chiropractor. If there are still different opinions, the player and the club agree on accepting an independent third opinion (e.g. from a FIFA Medical Centre of Excellence), which will be binding on both parties. The costs of any such third independent opinion will be covered by the club.”
7. Clause 7, par. 19 and 20 of the Contract read as follows:
“The player shall: […]
19. Comply with the sanctions and rewards internal regulations of the club which the club is entitled to impose according to the club internal regulation or to the regulation named “Typical List of Penalties and Sanctions for the Clubs that apply Professionalism” issued by SAFF (SAFF TLPS), a copy of which is shown and provided to the Player, being his signature of this Contract a sign of its receipt;
20. Commitment to the list of violations and penalties issued by the club and the Saudi Football Association, and based on the model list prepared by the Saudi Federation, where a copy of it was submitted with this contract to the Player for review”.
8. Clause 8, par. 5, 6 and 7 of the Contract read as follows: “5. The club shall not impose a fine on the player if the club has not complied with its own financial obligations towards the player under the terms and conditions of this contract.
6. In choosing and levying a sanction, the club shall take into account all circumstances of the case. The club shall notify the player in writing at least 14 days prior to the hearing.
The player may be represented in disciplinary proceedings by a person (of any nationality) authorised by the player for that purpose.
7. The club recognises that if the sanction consists of a fine, and such fine is deducted by pg. 4
REF. FPSD-8496 the club from the player’s salary, the player is entitled to file a claim at the FIFA DRC to assess the legitimacy of the fine”.
9. Clause 12, par. 3 of the Contract reads as follows: “The Club shall not terminate the contract due to the Player sustaining an injury during the play or training.”
10. Clause 12 par. 8 of the Contract reads as follows: “In case the club relegated to a lower league, the club has the right to transfer (sell) or terminate the contract without any penalty clause.”
11. On 15 December 2021, Al Hazem failed to pay Santos the 2nd instalment of the transfer
fee due on 15 December 2021 in the amount of USD 350,000. Contextually, Santos lodged a claim against Al Hazem before the Football Tribunal, which was filed under ref. no. FPSD6019.
12. On 30 December 2021, Al Hazem failed to pay the player the 3rd instalment of the sign-on fee in the amount of USD 100,000 due on 30 December 2021.
13. On 18 March 2022, during a match against Al-Ittihad Club valid for the Saudi Pro League, the player suffered a knee ligament injury.
14. On 21 March 2022, the player’s lawyer contacted Al Hazem regarding the player’s injury, requesting authorisation for him to travel to Brazil immediately in order to get a second opinion by a doctor of his choice, namely Mr José Ricardo Pécora (hereinafter: Mr Pécora).
15. Also on 21 March 2022, Al Hazem replied to the aforementioned letter stating that “first and foremost we consider the content of your correspondence as inacceptable and disrespectful towards our club and the medical competence in our country Saudi Arabia”. In addition, Al Hazem informed that a second medical examination was scheduled for 23
March 2022 at a hospital, together with its medical staff, followed by surgery planned for 24 March 2022. Al Hazem insisted that the player would receive the best medical care in Saudi Arabia and refused “any travel to seek treatment elsewhere.”
16. In spite of the above, on 22 March 2022, Al Hazem contacted the player stating that it did not object to the player having a second opinion and suggesting that the entire medical report be forwarded to the specialist of his choosing. Al Hazem also informed the player that it would reschedule the surgery intervention until the player got his second opinion and requested him to provide the email address of Mr Pécora. Finally, the club stated that “we hardly remind you that this type of injury doesn’t need any clinical examination and only
the medical RMI report is decisive and hence there is no need to travel to Brazil to get the second opinion. After the second opinion, the player will get all the medical treatments in Saudi pg. 5
REF. FPSD-8496
Arabia under the control of the club’s medical staff and no medical act whatsoever will be made outside Saudi Arabia.”
17. Also on 22 March 2022, the player replied to Al Hazem, providing it with the contacts of Mr Pécora and reinforcing the need for an appointment in person with his doctor. He also stated that Mr Pécora and Mr Salem Al Zahrani (i.e., the club’s doctor) would most likely find an agreement as to where the surgery should take place; as well as in case of disagreement, the Contract clearly stipulates what the next steps were.
18. On 23 March 2022, Al Hazem once again contacted the player confirming that his medical report would be forwarded to Mr Pécora. Al Hazem further stated that “In the other hand, the contract provide that the club will be responsible for all medical expenses and we draw your attention that [the club] has invested a lot to contract with the best surgeons and clinical as well as the best rehabilitation centres to guarantee to its player the best conditions in case on injury and consequently it is undebatable that the surgery or recovery process will be made outside [sic] Saudi Arabia.”
19. Also on 23 March 2022, Al Hazem sent the player another email in which it confirmed having been informed by the player about his travel plans to Brazil to obtain a second opinion. The club suggested that the need for urgent surgery has not been established and that the player should respect the Contract and return to Saudi Arabia for surgery and treatment. Finally, Al Hazem stated that “In ultimate act of good faith from our side we ask you to send the exact date of the appointment with the Brazilian doctor and we will book
a flight ticket for only five days authorization including the two days of travelling and we prevent the player from now that no reason will be acceptable to stay in Brazil and that he has to be return to Saudi Arabia according to the return date.”
20. Also on 23 March 2022, the player replied to Al Hazem, reiterating the need for a consultation in person with Mr Pécora and informing that he would travel to Brazil as soon as possible to pass a consultation with him “whatsoever the scenario”.
21. On 26 March 2022, the player wrote to Al Hazem, stating that “In line with our understanding, we kindly request you to provide the necessary flight tickets to Mr. Alison Lopes Ferreira (‘Player’) and his family travel to Brazil asap.”
22. Also on 26 March 2022, Al Hazem contacted the player, stating inter alia that “Your client has discussed with Mr. Fahad Alayed CEO of the club the modalities of his travel to Brazil. In your email you didn't give the details of the travel contrary to the whatsapp discussion between the Player and the CEO. That's why the club has requested from your side the confirmation of the details of the travel”.
23. On 27 March 2022, the player replied to the last correspondence of Al Hazem stating that: “Ok. No problem. The important is that it is all settled now.” pg. 6
REF. FPSD-8496
24. On 27 March 2022, Al Hazem provided the player and his family with flight tickets to Brazil, leaving on 30 March 2022 and returning to Saudi Arabia on 5 April 2022.
25. On 2 April 2022, Mr Pécora wrote to Al Hazem confirming the need of surgery and advising the convenience of performing such surgery and treatment in Brazil, as he was acquainted with the player’s medical history and as the player would be close to his family.
26. On 3 April 2022, Al Hazem informed the player that the latter had failed to provide any update regarding his appointment with Mr Pécora in Brazil and drew his attention to the fact that “your return flight is scheduled on 4 April 2022 and you will find our driver in the airport at your arriving to [R]iyadh airport”.
27. On 4 April 2022, the player replied to Al Hazem stating there must have been a misunderstanding as Mr Pécora had contacted it on 2 April 2022.
28. On the same day, Al Hazem informed the player that its main doctor was on holidays and therefore failed to forward them the email received from Mr Pécora. Al Hazem also indicated that “regarding the proposal of the player’s doctor that the treatment will be carried out in Brazil: […] the content of the email of the player’s doctor shows the bad faith of the player who planned that scenario (our email of 23 Mars 2022) and […] such scenario is unacceptable.
Additionally, the club’s CEO informed the player that the club will support all expenses regarding the flight tickets and the accommodation of his family but Alison insisted to return alone to Saudi Arabia and once again we reiterate our engagement to support all expenses in order to permit the stay of the player’s family with him in Saudi Arabia. We are really disappointed that the player starts to execute what he has planned and discussed with the sport’s director (that he will find any argument to stay in Brazil and not return in Saudi Arabia). […] We give notice to the player to take the flight of today in order to return to Saudi Arabia where the surgery and the treatment will be carried out as previously planned. We reserve our rights to apply the disciplinary measures in case the player’s refusal to take the flight of 4th April 2022 according to the disciplinary regulation and FIFA RSTP”.
29. On 5 April 2022, the player replied to Al Hazem, stating inter alia the reasons why Mr
Pécora was the best one suited to conduct the surgery and subsequent rehabilitation, pointing out the near end of the Saudi Pro League – following which all players and staff would go on annual holidays – as well as the approaching start of the Ramadan. The player further indicated the willingness of Mr Pécora to do a video recording of the surgery and to share the latter as well as the monthly reports on the rehabilitation with Al Hazem.
30. On 6 April 2022, Al Hazem reverted to the player, highlighting its dissatisfaction with his behaviour, notably, the insistence to remain in Brazil, and requested him to be present at its premises on 9 April 2022, while reserving its right to impose disciplinary sanctions or terminate the employment relationship unilaterally with just cause. Al Hazem also reminded the player of the efforts made by it to provide him with the best medical care pg. 7
REF. FPSD-8496 in Saudi Arabia, as well as of its relegation in the national league, and the need to reduce its foreign players quota from 7 to 4.
31. On the same day, the player replied to Al Hazem denying its accusations and reiterating his decision to go through surgery in Brazil. Inter alia the player stated that “[…] the Club requests the return of the Player to pass through a medical surgery and treatment in Saudi Arabia, but it never rebutted the arguments above. What is more, my previous statement that the current season is about to end, that the Club management and staff will be soon on holidays, as well as that currently is Ramadan evidently had no intention whatsoever to disrespect anyone but simply drive its attention to elements, which certainly must be taken into account whether considering the best place for the medical surgery and recovering of the Player. In fact, the insistence to oblige the Player to return to Saudi Arabia despite of the adversary scenario referred above is honestly not clear but it is looking like that the Club is – under outraged bad faith – trying to forge a scenario, which would eventually and somehow
grant it a valid reason to terminate their employment contract unilaterally. Assuming it is true, such sort of conduct from the Club is abusive and certainly unacceptable, in particular, whether considering the specificities the matter at hand”.
32. On 8 April 2022, Al Hazem informed the player that it had “not received any feedback from the player regarding his trip to Saudi Arabia within the deadline indicated in our email of April 6, 2022” and requested him to inform it of his travel plans to Saudi Arabia.
33. On 9 April 2022, the player reiterated his position to undergo surgery and treatment in Brazil. The surgery would take place on 18 April 2022. He reinforced that the Saudi season 2021/2022 was about to end and the staff holidays about to begin. The player also put Al Hazem in default of payment of the 2nd instalment of his sign-on fee, requesting its payment “as soon as possible”.
34. On 12 April 2022, Al Hazem acknowledged the player’s failure to return to Saudi Arabia within the given deadline. It also informed the player that his surgery was scheduled for 16 April 2022 in Riyadh and requested him to be present at the indicated clinic on 15 April
2022. Al Hazem further reiterated its right to take necessary measures against the latter, notably, to terminate the Contract.
35. On the same day, the player reiterated his decision to go through surgery on 18 April 2022 in Brazil, explaining he was willing to bear the expenses relating to such surgery to obtain the best medical care. He also pointed out that there was no contractual breach on his part and that the club was not entitled to terminate the Contract with just cause. On the contrary, he claimed that this kind of abusive conduct from Al Hazem would entitle him to terminate the Contract with just cause, in line with art. 14 of the FIFA Regulations on the Status and Transfer of Players (RSTP). pg. 8
REF. FPSD-8496
36. On 19 April 2022, Al Hazem communicated to the player its decision to impose him a
disciplinary penalty, namely, a discount of 15% of the monthly salary for April 2022, due to unauthorized absence.
37. On 22 April 2022, Al Hazem forwarded the player his recovery program. Al Hazem warned the player that his continued absence would be “sanctioned according to disciplinary regulation.”
38. On 22 April 2022, the player replied to Al Hazem, inter alia recounting all the facts of the case, and pointing out that part of his sign-on fee was outstanding since 31 December
2021. The player also contested the disciplinary sanction imposed on him and pointed out the bad faith of Al Hazem. While insisting that the treatment should be carried out in Brazil, he emphasised his good faith in accepting to bear the medical costs. He requested that the disciplinary sanction be set aside in full, for absence of any legal grounds. Finally, the player granted the club 15 days to pay the partial sign-on fee amounting to USD 100,000, failing which he would terminate the Contract unilaterally with just cause.
39. On 25 April 2022, Al Hazem rejected the player’s version of the facts and insisted on the sanction imposed on him. Al Hazem further explained that the player received his salary of March 2022 and that he would soon receive the pending USD 100,000, while pointing out that such late payment would not entitle him to make use of art. 14bis of the FIFA RSTP, as the amount outstanding does not exceed 2 monthly salaries. Additionally, Al Hazem reminded the player of its obligation to reduce the quota of foreign players from
[sic] “7 to 5”, which allegedly gave it legal grounds to terminate the Contract; “but Al Hazem cares about its player and accepts the risk of starting the championship with 4 foreign players until the recovery of your client who is an important element in the group and on which the club has invested a lot”. Finally, Al Hazem stated that his presence at its premises was not
only required for training, but also for the official medical program arranged for him; thus, Al Hazem acknowledged that he was currently absent without authorisation and gave him a final deadline until 29 April 2022 to return to Saudi Arabia, failing which it would proceed with the termination of the Contract with just cause.
40. On 26 April 2022, the player rejected Al Hazem’s accusations and insisted on carrying out his medical treatment in Brazil. He pointed out that part of his sign-on fee remained outstanding, which entitled him to deny performance of the Contract. Furthermore, he reminded Al Hazem of the severe risks of taking an 18-hour flight after a knee-surgery. He insisted that he would not miss any important training session or match, which could justify the obligation to immediately return to Saudi Arabia.
41. On 29 April 2022, Al Hazem notified the player that, due to his “absence from the recovery program staring on 23 April 2022 and continued absence on 24, 25, 26, 27, 28, 29 April 2022 until now […] And according to the list of violations and penalties provided by the disciplinary regulation especially point A-1 (irregularities of absence), it has been decided to deduct (30%) from your salary of April 2022”. pg. 9
REF. FPSD-8496
42. Also on 29 April 2022, Al Hazem unilaterally terminated the Contract with the player with immediate effect, while also attaching proof of payment of his salary for April 2022 after the deduction of the disciplinary sanctions imposed on him (hereinafter: the Termination Letter). In particular, Al Hazem stated that: “Al Hazem has showed all the necessary intention to keep you with the group and preserve the contractual relationship by: • Not activating the option inserted in article 12-8 of the contract. • Authorizing your travel to Brazil. • By imposing only a fine for your absence.
- Summoning you many times to return and start your recovery post-surgery in Saudi Arabia with the conventional clinic.
In counterpart to all the club’s effort you acted with a bad faith by premeditating your stay in Brazil for the surgery and recovery. Obviously, the continuation of the contractual relationship becomes impossible due to your bad faith and your continual infringements to your contractual obligations.”
43. On 24 August 2022, Al Hazem paid to the player the USD 100,000 due on 31 December
2021.
44. On 9 February 2023, the player and Santos entered into a new employment agreement, valid as from 10 February 2023 until 31 December 2023, as per which the club undertook to pay the player a monthly remuneration of BRL 100,000.
III. Proceedings before FIFA
45. On 6 December 2022, the player filed the claim at hand before FIFA. A brief summary of the position of the parties is detailed in continuation.
a. Claim of the player
46. Initially, the player recalled the factual background of the dispute, in particular: • Al Hazem failed to pay Santos two instalments of his transfer fee; • Al Hazem’s sportive performance in the 2021/2022 season was very poor, resulting in its relegation from the Saudi Pro League to the Saudi First Division in March 2022. • Due to its relegation and in line with the regulations of the Saudi First Division, Al Hazem would have to reduce its quota of foreigner players and would also receive less financial support from the Ministry of Sports. pg. 10
REF. FPSD-8496 • Under these conditions and considering that the registration period in the Brazilian Football Confederation (CBF) would close on 12 April 2022, Al Hazem, the player, and Santos were negotiating his return to the latter as well as the termination of the Contract with the player.
47. The player further explained that while the negotiations with Santos were ongoing, the
player suffered a ligament injury, ceasing the exchanges regarding his potential return to Brazil. After the need for surgery was confirmed by Al Hazem’s medical staff, the player explained that he had previously suffered multiple severe ligament tears to his right knee requiring surgeries on three [sic] earlier occasions in 2011, 2012, 2015 and 2016, most of them performed by Mr Pécora, “head of the Knee Department of the University of São Paulo, which is one of the Medical Centres certified by FIFA as one of the places with the necessary excellence to attend football players who request specialised medical assistance”.
48. In the context of the injury, the player explained that Al Hazem authorised his trip to Brazil to undergo further examinations and consult with Mr Pécora, but only to later on engage in a series of manoeuvres aiming at characterising his absence as illegitimate, imposing fines, and trying to contrive a just cause to terminate the Contract. He made several remarks on this topic, summarized as follows: • Al Hazem violated not only the principle of pacta sunt servanda, but also of “good faith, party autonomy, freedom of contract, prohibition of abuse of right, etc.” He alleged that his refusal to carry out his medical treatment in Saudi Arabia was the only reason upon which Al Hazem based the termination, which does not constitute a just cause; • the player vehemently denied having acted in bad faith, as he requested to travel to Brazil to obtain a second opinion from his previous doctor. He claimed to have acted in agreement with clause 7 par. 14 of the Contract, as well as with the FIFA Circular no. 1171, which provides in its point 5.5. that “the Player has a right of a second opinion by an independent medical specialist if he contests the opinion of the club’s specialist. If there are still different opinions, the parties agree on accepting an independent third opinion, which will be binding.” Likewise, the player pointed out that
Al Hazem never commented on his decision to bear the costs of his surgery in Brazil; • as to his allegedly unauthorised absence, the player recalled that it was undisputed that his injury was of a severe nature, that he had a previous history of knee injuries known by Al Hazem when he was hired, and that Al Hazem did not warn him in advance that his decision to pursue medical treatment in Brazil could entail the unilateral termination of the Contract. The player insisted that he was absent from his workplace with the purpose undergo surgery, “which, per se, seems to be reasonable just cause”, having departed shortly before the end of the season and Al Hazem’s staff holidays, as well as the start of the Ramadan. His surgery was performed on 18 April 2022 in Brazil and no reasonable justification whatsoever was pg. 11 REF. FPSD-8496 provided by Al Hazem to request his immediate return to Saudi Arabia on 19 April 2022.
49. Taking all the above into consideration, the player argued that being forced to receive a certain type of treatment against his will and medical history was an abusive conduct of Al Hazem, which would have given him a just cause to terminate the Contract. He also referred to clause 12 par. 3 of the Contract, which forbids Al Hazem to terminate the Contract based on an injury of the player sustained during a match or training.
50. Finally, the player outlined that despite his default notice of 22 April 2022, Al Hazem did not make any payments, but simply insisted on his return (25 April 2022) and terminated the Contract unilaterally and without just cause (29 April 2022). He also added that Al Hazem’s argument that it was entitled to terminate the Contract due to the relegation and based on clause 12 par. 8 of the Contract could not be sustained as Al Hazem conducted itself in bad faith and as such clause has an arbitrary nature, granting it only the right to
unilaterally terminate the Contract.
51. Apart from opposing to the justice of the termination by Al Hazem, the player also argued that the fines imposed by such club were groundless. He explained that the sanctions were allegedly based on “disciplinary regulations” – not clearly indicated if issued by Al Hazem itself of the Saudi Arabian Football Federation (SAFF) –, which were never provided to the player.
52. Furthermore, the player alleged that the imposition of sanctions neither respected the due process, nor was it proportionate, justified or adequate; as well as it also violated clause 8 par. 5 of the Contract and ignored the material circumstances of the case, in particular the fact that at the moment of its imposition Al Hazem was in debt of the amount of USD 100,000 towards the player (“exceptio non adimpleti contractus”).
53. Consequently, he concluded that the deductions made by Al Hazem should be disregarded and he should be entitled to the outstanding remuneration for the month of April 2022 together with the compensation for breach of contract cf. art. 17 of the FIFA
RSTP.
54. In particular, the player made the following request for relief: “FIRST – To uphold in full the present claim; SECOND – To order the Club to pay to the Player the outstanding default interest over the third instalment of the signing-on fee, which remained outstanding between 31
December 2021 and 24 August 2022 in the amount of USD 3,300 plus default interest at a rate of 5% annually as from 25 August 2022 until the effective date of payment; THIRD – To order the Club to reimburse to the Player the amount unlawfully pg. 12 REF. FPSD-8496 disciplinary sanction (fine) imposed by the former to the latter and amounting USD 8,182 plus default interest at a rate of 5% annually as from 1 May 2022 until the effective date of payment; FOURTH - To order the Club to pay to the Player the total amount of USD 1,109,086
due as compensation for the breach of the Contract, plus default interest at the rate of 5% annually as from 30 August 2022 until the effective date of payment; FIFTH – To impose a transfer ban on the Club prohibiting it from registering any new players, either nationally or internationally, for 2 (two) entire and consecutive registration periods; AND SIXTH – To open the proceedings against the Club by notifying it without delay.” b. Reply and counterclaim of Al Hazem
55. On 23 January 2023, Al Hazem filed its reply to the claim of the player and lodged a counterclaim against him.
56. Al Hazem explained that, after its relegation, the player started pressuring the club to terminate the Contract to avoid playing in the local second division. Al Hazem confirmed that it did not object to transfer him back to Santos and negotiations were initiated between all parties up until his knee injury when the negotiations were interrupted. After the injury was confirmed, Al Hazem claimed that the player requested a second opinion, which it authorised, while reminding him that such second opinion did not require a consultation in person. Nevertheless, the player insisted on travelling to Brazil “using all necessary tricks and lies to achieve his goal”.
57. Al Hazem enclosed to its reply brief a screenshot of a conversation held between the player and its director in the electronic application WhatsApp, in which authorisation is given to the player to travel to Brazil with his family from 28 March to 4 April 2022 to get a second opinion from his doctor. It also highlighted the clear position adopted by its representative that “I hope you don’t need to make surgery. If you must need it, you must do it here in Saudi Arabia”, to which the player replied “I don’t need a ticket back to Saudi Arabia for my family. In case of return, I will return alone.” Accordingly, Al Hazem explained that it was clear that the player was a
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