Mezokovesd Zsory FC v. Antonio Vutov & FIFA

A Hungarian labour court had already considered aspects of this employment dispute before it reached FIFA's Dispute Resolution Chamber, so the club argued the FIFA proceeding was barred by res judicata — the principle that the same dispute cannot be litigated twice. The club also pointed to a choice-of-forum clause in the contract that it said should have sent the matter to the Hungarian courts, not FIFA.

The panel rejected both defences. On res judicata, it held the club had not actually proven the Hungarian court decision was final and enforceable under the relevant private international law rules, so it could not bar the FIFA claim. On forum, it applied a practical rule: where a contract contains both an arbitration clause and a choice-of-forum clause that could each apply, whichever party files first gets to choose the forum — and here the player filed first, at the DRC.

On the merits, the panel found the club had abusively compounded the player's demotion to the second team with salary delays, giving him just cause to terminate, and that he had properly mitigated his loss by seeking new employment. The appeal was partially upheld only to adjust figures; costs were split 90% to the club and 10% to the player, with the club ordered to pay him a further CHF 5,000.