Introducing “Moral damages” for terminating a football player’s contract: lessons from Ariosa v. Club Olympia

Published 19 August 2015 | Authored by: John Mehrzad

The Court of Arbitration for Sport (the “CAS”) in Ariosa v. Club Olympia1 has for the first time introduced into the scope of compensation due to players following a termination without “just cause2 by their club the concept of “moral damages”. The decision also found that the broad regulatory concept of “specificity of sport3 can be applied to increase compensation to a player when a club’s conduct has been so serious as to undermine the “sporting ethics” of football.

Although Press headlines4 have focused on Sebastian Ariosa’s appalling treatment by his former club, Club Olympia of Paraguay, whilst undergoing chemotherapy for cancer, it is the widening of the scope of compensation available to players in response to a termination without “just cause” which will be of greatest interest to legal advisers.

This article proposes to look at the facts of the case, the decisions before the FIFA Dispute Resolution Chamber (the “DRC”) and then CAS, before considering to what extent the decision really sets down a precedent for future player contract disputes?

Before doing so, it is the essential theses of this article that:

  1. Far from opening up a new avenue of compensation for players, “moral damages” will be very rarely awarded in practice and, in any event, how such compensation is calculated is unclear; and,

  2. The use of “specificity of sport” for the benefit of players is not a novel concept but, rather, is likely to be more readily applied by CAS in the future to “fit” the particular circumstances of each case to ensure proper justice is done to the player “victim”. continue reading register here for free


LawInSport is an independent publisher used by sports lawyers, sports business executives and administrators, athletes and support personnel, academics and students to stay informed of the latest legal issues and developments from the world of sport. It is our mission to improve the accountability, transparency and standard of the administration and governance of sport and the understanding of the law.

Thank you for considering becoming a member of LawInSport, supporting independent media and the promotion well researched, reference and accessible legal information that contributes to greater transparency and accountability in the sport and legal sectors.



Related Articles

About the Author

John Mehrzad

John Mehrzad

John is recognised as a leading barrister specialised in employment, commercial and sports law, practising from Littleton Chambers where he is the Head of the Sports Law Group.

  • This email address is being protected from spambots. You need JavaScript enabled to view it.

Comments (3)


    22 August 2015 at 05:43 | #

    great read....


  • Josep F. Vandellos Alamilla

    27 August 2015 at 21:16 | #

    Excellent article.


  • Adrian STANGACIU

    27 September 2015 at 19:10 | #

    Very interesting article.


Leave a comment

Please login to leave a comment.

Official partners 

Soccerex Core Logo
YRDA Logo2
SAC logo LawAccord

Copyright © LawInSport Limited 2010 - 2018. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. LawInSport is not responsible for any actions taken or not taken on the basis of this information. Please refer to the full terms and conditions on our website.