TAS - CAS 2025-A-11907

Palais de Beaulieu Av. des Bergières 10 CH-1004 Lausanne Tel: +41 21 613 50 00 Fax: +41 21 613 50 01 www.tas-cas.org

CAS 2025/A/11907 Ulsan HD FC v. Giorgi Arabidze

ARBITRAL AWARD delivered by the

COURT OF ARBITRATION FOR SPORT

sitting in the following composition:

President: Mr Espen Auberg, Attorney-at-law in Oslo, Norway Arbitrators: Mr Ulrich Haas, Professor of Law in Zurich, Switzerland, and Attorney-at-law in Hamburg, Germany Mr Wouter Lambrecht, Attorney -at-law in Geneva, Switzerlan d

in the arbitration between

Ulsan HD FC, Republic of Korea Represented by Mr Alexis Schoeb, Mr Micael Totaro, Mr Dongsuk Shin and Ms Célia Guignet, Attorneys-at-law in Australia, Switzerland and Republic of Korea

• Appellantand

Giorgi Arabidze, Georgia Represented by Mr Salvatore Civale, Mr Francesco Cerotto and Mr Besarion Abashidze, Attorneys-at-law in Italy and Georgia - Respondent -CAS 2025/A/11907– Page 2

I. PARTIES

1. Ulsan HD FC (the “ Appellant” or “the Club”) is a football club and an affiliated member to the Korean Football Association (“KFA”), which in turn is affiliated with the Asian Football Confederation (“AFC”) and the Fédération Internationale de

Football Association (“FIFA”).

2. Mr Giorgi Arabidze (the “ Respondent ” or the “Player”) is a professional football player of Georgian nationality , previously employed by the Club .

3. The Appellant and the Respondent are hereinafter jointly referred to as the “Parties”.

II. FACTUAL BACKGROUND

2. Mr Giorgi Arabidze (the “ Respondent ” or the “Player”) is a professional football player of Georgian nationality , previously employed by the Club .

3. The Appellant and the Respondent are hereinafter jointly referred to as the “Parties”.

II. FACTUAL BACKGROUND

4. Below is a summary of the main relevant facts, as established on the basis of the written submissions of the Parties, and the evidence examined in the course of the proceedings. This background information is given for the sole purpose of providing a summary of the dispute. Additional facts may be set out, where relevant, in connection with the legal analysis. While the Panel has considered carefully all the facts and evidence submitted by the Parties in the present proceedings, th is Award refers only to the facts and evidence considered relevant.

A. Background Facts

5. On 19 July 202 4 the Club and the Georgian club Torpedo Kutaisi concluded an agreement for the transfer of the Player, where the Club agreed to pay a transfer fee of EUR 450,000.

6. On 27 July 2024 , the Player and the Club concluded an employment contract (the “Contract”), valid from the date of conclusion until 31 December 2027 .

7. Article 1 of the Contract states as follows: “Purpose The purpose of this Contract is to promote mutual benefit and development by regulating all necessary matters and the rights and obligations of the Parties involved, with respect to providing the necessary support to the Player to perform as a professional sports player by allowing the Player to participate in professional football games and training sessions to the best of his/her ability and to actively cooperate with the businesses of the Club and the Korea Professional Football League (hereinafter "K Le ague"), in which the Club shall pay a salary in return .”

8. Article 5 of the Contract regulates compensation, and states that the Player was entitled to a basic annual compensation as follows:CAS 2025/A/11907– Page 3

League (hereinafter "K Le ague"), in which the Club shall pay a salary in return .”

8. Article 5 of the Contract regulates compensation, and states that the Player was entitled to a basic annual compensation as follows:CAS 2025/A/11907– Page 3

• For the period 27 July 2024 until 31 December 202 5: USD 800,000 per year, payable in monthly instalments of USD 66,667. - For the period 1 January 2025 until 31 December 2025 : USD 1,000,000 per year, payable in monthly instalments of USD 83,333. - For the period 1 January 2026 until 31 December 202 7: USD 1,100,000 per year, payable in monthly instalments of USD 91,667.

9. In addition, the Contract state s that the Player was entitled to bonuses , housing, flight tickets and a vehicle. The Contract further specifies that taxes related to compensation paid by the Club shall be borne by the Player .

10. After completing the transfer to the Club, the Player participated in 13 official matches for the Club between August and November 2024. After the season ended, the Player left South Korea for a holiday in early December 2024 .

11. On 6 January 2025 the Player travelled to Dubai to join the Club for a training camp , scheduled to last until 26 January 2025 .

12. On 7 January 2025, the Player, as well as all the other Club’s players participating in the training camp in Dubai, underwent a body composition assessment .

13. Also, on 7 January 2025 the Player attended a meeting with the Club’s head coach, Mr Pan -Gon Kim (the “Head Coach” or “Mr Kim”) . The Parties have different opinions about what was communicated during this meeting. Whilst the Club alleges that the Player re-expressed his wish to leave the Club, the Player alleges that the

Mr Pan -Gon Kim (the “Head Coach” or “Mr Kim”) . The Parties have different opinions about what was communicated during this meeting. Whilst the Club alleges that the Player re-expressed his wish to leave the Club, the Player alleges that the Head Coach told him he was no longer a part of his plan for the team , should no longer participate in the squad training session s and furthermore, invited him to find another club.

14. It is uncontested that after the 7 January 2025 meeting, the Player’s agent contacted the South Korean club Daejeon Hana Citizen . On 7 January 2025 , the Player’s agent stated as follows: “Currently, his salary at Ulsan is $1 million per year, with three years remaining on his contract. However, he is willing to negotiate as he plans to obtain maximum compensation from Ulsan upon his release .”

15. This exchange followed messages of the Player’s agent sent earlier in December 2024 to various individuals indicating “ This is my Player […] If you have any interest about him, Tell me feel free. He can goes there without any problem, transfer fee ”

16. Between 7 January and 5 February 2025, the Player was requested to conduct individual training sessions with the Club’s physical coach, Mr Dasol Jang (“Mr.CAS 2025/A/11907– Page 4

Dasol”). The Player was not allowed, other than taking part in some collective warm up sessions, to take part in collective training sessions and team meetings . He was also not invited to some of the physical tests performed on the team’s members . During this same period, including at the Dubai training camp, he did however participate in other group activities, including social events and collective meals.

17. On 8 January 2025, the Player, as well as all the other Club’s players participating in the training camp in Dubai, underwent a fitness test . The Player did not perform well on this fitness test and confirmed at the hearing during cross examination that his

17. On 8 January 2025, the Player, as well as all the other Club’s players participating in the training camp in Dubai, underwent a fitness test . The Player did not perform well on this fitness test and confirmed at the hearing during cross examination that his physical condition was subpar at that moment in time.

18. On 16 January 2025 the Player and the Head Coach had another meeting . An audio recording made by the Player and a transcript from the meeting reveals, inter alia , the following conversation between the Player and the Head Coach : “Head Coach: So you get a. You get a offer. Is it from Jeju?

The Player: Yeah, a loan.

Head Coach : I think better you go a loan. This is good opportunity for you. I think better for you. Otherwise you stay here six months, one year. That will be killed.

The Player: Yeah, I will decide. Yeah, I will decide. But I think no because it's less salary. I don't know. Let's see.

Head Coach: I tell you, this is good for you. I tell you. You must be happy. You know, Player must be training well, play regularly. Then you have another future, right? So you find opportunity. That I think now know this together. I also send you your cv, your vide o to China. Not much thing. We act at a good opportunity project. I think we will go there, try again. You know, Once again we will try. Who knows? Who knows? You know, Maybe there will be. You will be exploring.

The Player: I'm searching outside of Korea. And let's see if I will find. End of the month. I think I go outside of Korea. But forever. I don't want to go a loan and come back again.

Head Coach : Loan. Come back. Maybe also another loan. You can go as well.

Another thing. Otherwise you stay here. I tell you last one week. I can see that even myself very very tough. Only one week here. So how we can extend this kind of

back again.

Head Coach : Loan. Come back. Maybe also another loan. You can go as well.

Another thing. Otherwise you stay here. I tell you last one week. I can see that even myself very very tough. Only one week here. So how we can extend this kind of situation? Three months, six months, one year. They will kill you. I tell you. This is not the life, right ? … Head Coach: better you go to Jeju. …CAS 2025/A/11907– Page 5

Head Coach: Any reason you don't want to go.

The Player: Because it's not good team. And they serve me less salaries also. So no Jeju. But I was searching the another team outside of Korea. Let's see if some something will they get good opportunity. I go.

Head Coach: I tell you. No need to come. Good opportunity.

The Player: I understand you want that I go. But I will decide. Okay, I will decide . … Head Coach: I did discuss with your agent The Player: Discuss agent? Don't decide I go or not. I'm deciding. … The Coach: more than this. No good for you. I tell you no good for you. No good for anyone, you know, even trainer they are also tough. I'm tough. So anyhow I do better you decided earlier to go somewhere. I think properly training not pretty hard that is better for you. I was mentioned. Yeah. Right. ”

19. On 16 January 2025 the Player was informed, via WhatsApp, that the number 9 jersey, which the Player had used during the previous season, was “not possible ” for the forthcoming season and the Player was asked to choose another jersey number .

After several WhatsApp messages, t he Player replied that he wanted to use a jersey with the number 77.

20. On 18 January 2025 the Player sent an email to uhfc@uhfc.co.kr as listed on the

the forthcoming season and the Player was asked to choose another jersey number . After several WhatsApp messages, t he Player replied that he wanted to use a jersey with the number 77.

20. On 18 January 2025 the Player sent an email to uhfc@uhfc.co.kr as listed on the Club’s website. the Club . The Appellant describes this as a “generic email address”.

However, it is not clear to what other email address the Player should have sent the email to. The email states , inter alia , as follows: “As you know, I have been with the team for twelve days at the training camp in the United Arab Emirates. From the moment I showed up for my first training session, the coach was surprised to see me and told me that he didn’t need me and wouldn’t allow me to train with the team. I replied that, as a member of the team, I had the right to train, but contrary to this, without any explanation, the coach has not allowed me to train with the team. Instead, I am under the supervision of the fitness coach and training very hard individua lly. As you know, there is an employment contract (AGREEMENT) between us, under which the CLUB, as my employer, is obligated to provide me with training and preparatory conditions. This is one of the CLUB’s primary obligations, protected both by the AGREEMENT s igned between us and by FIFA regulations.CAS 2025/A/11907– Page 6

Therefore, I am addressing you with a kind request to ensure the fulfilment of Your obligation under the employment contract and to grant me as soon as possible the opportunity to train with the team.”

21. The Club did neither acknowledge nor respond to the above email.

22. On 19 January 2025, the Playe r and the Club’s interpreter exchanged the following messages on WhatsApp: “The Player: Could you please tell me why do I need individual phisicall trainings, is something wrong with me?

The Player: ?

Interpreter: When they say something I will let u know

messages on WhatsApp: “The Player: Could you please tell me why do I need individual phisicall trainings, is something wrong with me?

The Player: ?

Interpreter: When they say something I will let u know Interpreter: about this, would be good u talk directly with Head Coach!

The Player: i spoke with him 2 times and he told me if i will not leave the club i will be alone”

23. On 20 January 2025 the Player sent a new email to the above email of the Club, stating, inter alia, as follows: “Following my email sent two days ago, I am reaching out again regarding my situation.

Over the past two days, nothing has changed. I am still not allowed to be with the team, neither in training sessions or other activities including friendly games. When I ask for an explanation, the coach remains silent and unresponsive. The only person communicating with me is the translator, who relays the coach's message that "I am not needed on the team". As a result, I am now subjected to abnormal physical training sessions twice a day, both in the gym and on the field. For example, yesterday, after an intense gym workout, I was forced to run 72 sprint around the pitch (!!!), which will ultimately cause an injury. Despite my request for clarification from the fitness coach about the purpose of such excessive individual training, especially since I am physically fine, feel in great shape, and ready to fu lly participate in team training, I was told that this was the head coach's decision, and I should resolve the matter with him. Once again, I am reaching out to you. Considering that I have been subjected to even more intense alone/individual training sessions over the last 15 days since my first letter, and that my #9 jersey has been taken away without any explanation, I now demand that the club clarifies its expectations of me. What is the purpose of theCAS 2025/A/11907– Page 7

punitive actions taken against me, and why is the club failing to fulfill its contractual

letter, and that my #9 jersey has been taken away without any explanation, I now demand that the club clarifies its expectations of me. What is the purpose of theCAS 2025/A/11907– Page 7

punitive actions taken against me, and why is the club failing to fulfill its contractual obligations? I kindly request that team immediately complies with the terms of the contract and ensure my full participation in the team's preparatory and training process as one of the club's highest -paid players .”

24. The Club did neither acknowledge nor respond to the above email.

25. On 26 January 2025 the pre -season finished in Dubai, and the Player and the other members of the Club returned to South Korea where they were given off from 27 to 29 January corresponding to the Chinese New Year holidays.

26. During these holidays, o n 28 January the Player sent a third email to the above email address of the Club, stating, inter alia , as follows: “I am writing to express my continued concerns regarding CLUB’s repeated failure to fulfil its obligations under the employment agreement dated 27 July 2024 and forcing me to leave the club without adequate compensation. This is the third formal notice addressing this matter, and I must emphasize the seriousness of these breaches and the necess ity for immediate corrective action.

Details of Breaches Despite previous warnings dated 18 and 20 January 2025, the CLUB has failed to resolve the following issues:

1. Exclusion from team training sessions including theoretical and tactical meetings since 7 of January 2025.

2. Abnormal individual/alone physical training sessions twice a day, both in the gym and on the field since 7 of January 2025.

3. The removal of my, as a player’s jersey number 9.

4. Exclusion from teams of the pitch activity during the last 21 days These breaches are not only a direct violation of the employment agreement but also detrimental to my Professional and personal well -being. As you know well - among a PLAYER’s fundamental rights under an employment contract, is not only his right

4. Exclusion from teams of the pitch activity during the last 21 days These breaches are not only a direct violation of the employment agreement but also detrimental to my Professional and personal well -being. As you know well - among a PLAYER’s fundamental rights under an employment contract, is not only his right to a time ly payment of his remuneration, but also his right to access training and to be given the possibility to compete with his fellow teammates in the team’s matches Request for Immediate Action I hereby urge the club to rectify these breaches immediately by:CAS 2025/A/11907– Page 8

1. Reinstatement to full team training sessions including theoretical and tactical meetings by the 30th of January 2025.

2. Return my jersey number 9 to me by the 30th of January 2025.

3. Reinstate me in all team activities outside the field.

Consequences of Non -Compliance Failure to resolve these issues until the 6 of February 2025 from the receiving this letter, unfortunately, will leave me with no choice but to take further action, which include termination of the employment agreement with just cause, as permitted under Article 14 of FIFA Regulations on the Status and Transfer of Players. Final Warning This letter serves as the final warning to the CLUB. I sincerely hope that we can resolve these matters amicably and avoid further escalation. However, should the CLUB fail to comply, I will be compelled to protect my rights and interests through the appropriate legal channels as FIFA RSTP granted to me. I would like to kindly ask you one more time, to treat this matter with the urgency it deserves and provide written confirmation of your actions to address the outlined breaches. I look forward to your response immediately .”

27. The Club, again, did neither acknowledge nor respond to the above email.

28. On 1 February 2025, the Player and the Club’s interpreter , Mr Kang Kim, exchanged the following messages on WhatsApp: “The Player: why i have two physical training everyday bro i am in bad physical condition or what?

28. On 1 February 2025, the Player and the Club’s interpreter , Mr Kang Kim, exchanged the following messages on WhatsApp: “The Player: why i have two physical training everyday bro i am in bad physical condition or what?

Interpreter: Let's talk with them tomorrow The Player: who made this desecion bro?

Interpreter: I dont know Interpreter: Lets check tomorrow Interpreter: Even u ask me I can not answer because I dont know The Player: i ask to physical coach also he answer me same The Player: he sayd its not my desecion ”CAS 2025/A/11907– Page 9

29. On 4 February 2025 , the Player and the Head Coach had another meeting , in the presence of the Club’s interpreter, Mr Kang Kim (the “Interpreter” or “Mr Kang”) .

An audio recording and a transcript from the meeting reveals , inter alia, the following conversation between the Player and the Head Coach : “Head Coach: Gior, you said you know the club.

The Player: Yeah.

Head Coach : What do you want? You said, and we already explained, that you will be out of the squad and you will do the individual training, and you accepted it.

The Player: Yeah. It's not, it was my decision, it's your decision, so ...

Head Coach: Who?

The Player: It's not my decision, it's your decision.

Head Coach : No, no, you agreed. You agreed. Then the decision also, uh, so, Gior, Gior, I tell you, find the club, you go, better than you stay here. I explained and you said no problem, then I will do this one, then what do you want now, Gior? What do you want? Wha t can I do for you?

The Player: Everything is written there, it is my lawyer who sent. So, our conversation is done, each other. Finished, right?

Head Coach : You cannot say our conversation is done. You belong, still you belong

you want? Wha t can I do for you?

The Player: Everything is written there, it is my lawyer who sent. So, our conversation is done, each other. Finished, right?

Head Coach : You cannot say our conversation is done. You belong, still you belong to this club. You must be listening. Okay?

The Player: No.

Head Coach: You listen.

The Player: No I won’t.

Head Coach : If you don’t, you may pay, I mean, a fine. You will you will be fined.

Against, not you, every day you are against the head coach. Every day we can fine. Do you understand? So, better we decide, you know, quickly. Otherwise, you want to talk to me? Okay? I will consider. [You] still have to obey head coach, we decide, we discuss, you accept, I will do it. Okay? So what do you want? You talk, okay? Then, then I will consider about you. Is it? Then you said you try to find yourself, go to Europe, but I don't think you can go to Europe. Europe already closed, is it? Today or tomorrow will be closed, is it?

The Player: If I terminate the contract with Ulsan, I will be free.CAS 2025/A/11907– Page 10

Head Coach: Terminate? What kind of terminate?

The Player: Just terminate.

Head Coach: Terminate because you…, what kind of terminate?

The Player: Look, look, I will explain. If I find the team…

Head Coach: Yeah.

The Player: which I'm searching now…

Head Coach: Yeah.

The Player: …if I find, I will terminate with Ulsan and go free.

Head Coach: Yeah.

The Player: And when I will be free...

Head Coach: Now you can go free. You can go free. We we will give you free.

The Player: But first, first I must search the club. I must find the club .

[…]

Head Coach: Yeah.

The Player: And when I will be free...

Head Coach: Now you can go free. You can go free. We we will give you free.

The Player: But first, first I must search the club. I must find the club . […] Head Coach: Then then what do you want? Do you want to join the training sessions?

We let you, if you decide already to go, no problem, Uh… ”

30. On 5 February 2025 a new meeting was held, this time between the Player, the Club’s Assistant Coach, Mr Kwang -Soo Cho, and the Interpreter. An audio recording and a transcript from the meeting reveals, inter alia , that Mr Cho referred to an email the Player sent to the Club and stated as follows: “since from today, you will participate the normal training with the team. And about the training number, uh, team number also, we are going to give it to you. So, we hope you train hard and work hard to the team .”

31. In the same meeting the Player expressed that he wanted to train with the physical coach that he needed some time to find a new club, and that they could terminate the Contract. In particular, the Player stated, inter alia, as follows: “We can just terminate and go. But before, I must fix the things, details with another club. So that's why I said to the coach, because coach also asked me yesterday, uh, you want to join to the team or what? Because we have too much tactical parts and things. I said it's better to control for myself because, uh, team did other trainings and, uh, me at this time did other trainings. Uh, so I don't want to go injury becauseCAS 2025/A/11907– Page 11

if I go injury, I cannot go nowhere. So, you know, we stay here and don't play, too bad. So that's why I want to be with [Physical Coach] and control for myself. ”

if I go injury, I cannot go nowhere. So, you know, we stay here and don't play, too bad. So that's why I want to be with [Physical Coach] and control for myself. ”

32. On 6 February 2025 the Player sent the Club a new email, where he terminated the Contract. The email states, inter alia, as follows: “I am writing to formally notify FC Ulsan (CLUB) of my decision to terminate my employment contract, dated 27 July 2024 (CONTRACT), in accordance with the applicable regulations and due to the CLUB's fundamental breach of the agreedupon terms.

Grounds for Termination Despite my full commitment to fulfilling my obligations under the CONTRACT and unanswered remain warning letters sent to the CLUB on 18 January, 20 January and 28 January 2025 - the CLUB has consistently failed to meet its contractual responsibilities refu sed to reintegrate me and continued blocking my access and participation in the main team training sessions. These breaches include but are not limited to:

1. Exclusion from team training sessions including theoretical and tactical meetings from 07 of January to 06 February 2025.

2. Abnormal individual/alone physical training sessions twice a day, both in the gym and on the field without rest days starting from 07 of January during the training camp in the UAE and continuing after returning to Korea until 05 of February 2025.

3. The removal of my, as a player’s jersey number 9.

4. Exclusion from the teams pre seasonal medical and body composition (INBODY CHECK) test.

5. Exclusion from the capture players profile photos and promotional videos for the 2025 season.

6. Exclusion from the players list for all pre -season friendly matches.

7. Exclusion from all "teams of the pitch activity" during the last 31 days These actions constitute a severe and irreparable breach of the CONTRACT, making it untenable for me to continue under the current conditions. The present situation has nothing to do with sportive choices, but instead with an outrageous and

7. Exclusion from all "teams of the pitch activity" during the last 31 days These actions constitute a severe and irreparable breach of the CONTRACT, making it untenable for me to continue under the current conditions. The present situation has nothing to do with sportive choices, but instead with an outrageous and continuous disc rimination perpetrated against me! As certainly it is of your knowledge, I had the legitimate right to participate in the team’s normal activity, namely to participate in the same physical and tactical training sessions as my colleagues and to be integrated in the main team group. Notwithstanding, withoutCAS 2025/A/11907– Page 12

any medical or legal justification, since 7th of January 2025 I have been discriminated and put aside - only running and performing gym work – always apart from the remaining team group and without any objective purpose! As you well know, my requests were legitimate and it is the CLUB’s conduct that is not in line with the FIFA Regulations nor with FIFA DRC and CAS jurisprudence! Your disregard of my successive communications, together with the mentioned conduct, configures a guilty and conscientious failure of your contractual duties. Furthermore, your persistent conduct, configures a serious and irreparable breach of the contract – a situation that moreover is causing me as a professional player, severe psychological damages, namely anguish, suffering and anxiety, besides sportive/professional damage. Confronted with such persistent and guilty contractual breach of your part, as w ell as the damages that this situation carries to me, I must conclude that there are no conditions to continue developing my professional activity at your service . Termination with Just Cause As outlined in Article 14 of FIFA Regulations on the Status and Transfer of Players, an employment contract may be terminated “with just cause” if one party commits a breach of sufficient seriousness. Given the club’s ongoing non -compliance, it is evident that the employment relationship is no longer reasonably sustainable. Based on the referred situation and specifically in your guilty breach of the CONTRACT, I

an employment contract may be terminated “with just cause” if one party commits a breach of sufficient seriousness. Given the club’s ongoing non -compliance, it is evident that the employment relationship is no longer reasonably sustainable. Based on the referred situation and specifically in your guilty breach of the CONTRACT, I formally hereby terminate unilaterally the contract that binds me to your Club with just cause a nd with immediate effects. Compensation and Consequences In light of the above, I reserve the right to seek compensation for the residual value of the contract and any additional damages caused by the club’s breach, as stipulated under the FIFA RSTP. I also still trust that ULSAN will refrain from any action tha t could harm my reputation or Professional standing. Effective Date of Termination This termination will take effect immediately upon receipt of this letter. It means that the CONTRACT termination date is 6 February 2025 18:00 PM. I regret that the situation has reached this point, but I am left with no alternative due to the CLUB’s continued disregard for its contractual obligations. Finally, I also inform you that within the next few days, I will lodge the claim at FIFA DRC for serious breach of the contractual obligations, and request financial compensation motivated by Your contractual breach .”

33. On 7 February 2025, a new meeting was held, this time between the Player, the Club’s Vice President , and the Player’s former agent.CAS 2025/A/11907– Page 13

34. On 12 December 2025, the Player signed an employment contract with the Georgian club FC Torpedo Kutaisi LLC, until 31 December 2026, which provides a fix ed monthly salary of USD 2,000 .

B. Proceedings before the FIFA Dispute Resolution Chamber

35. On 13 February 2025 the Player filed a claim with the Dispute Resolution Chamber of the FIFA Tribunal (the “FIFA DRC”).

36. In his claim before the FIFA DRC, the Player argued, inter alia, that he had just cause

35. On 13 February 2025 the Player filed a claim with the Dispute Resolution Chamber of the FIFA Tribunal (the “FIFA DRC”).

36. In his claim before the FIF