The Panel has the power to order the production of evidence ex officio in order to supplement the documents and information available to the deciding body, pursuant to Article R44.3 of the CAS Code. However, such power is discretionary and must be balanced with the burden resting upon each party to substantiate its allegations with convincing evidence.
Introduction
Espérance Sportive Troyes Aube Champagne (ESTAC) filed an appeal against a determination issued by FIFA in relation to the Electronic Players’ Passport review process in the FIFA Transfer Matching System.
The case revolved around the assessment of ESTAC’s entitlement to receive training compensation from Torino Football Club (Torino) following Torino’s registration of the player Mr. Ali Bina Dembele (Player), who had previously been registered with ESTAC. However, the Sole Arbitrator found from the outset that a crucial piece of evidence was missing and, therefore, he had to decide whether or not to order ex officio the Appellant to lodge it.
The present article focuses on the power - and its limits - granted by the CAS Code to the Panel to order a party to supplement its position with new evidence, pursuant to Article 44.3 of the CAS...
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