Chelsea FC, RC Lens and Gael Kakuta

The Court of Arbitration for Sport (CAS) issued an award on 4th February 2010 ratifying the financial settlement reached by Chelsea FC, Racing Club de Lens and with the French football player Gael Kakuta, putting an end to this arbitration procedure which also involved FIFA.  In its award, the CAS noted that the two clubs and the player have admitted that there was never any valid contract between the player and RC Lens.  Accordingly, given the absence of a valid contract, the player could not have terminated it prematurely and without just cause and FC Chelsea cannot therefore be liable for inducing a breach of contract.  As a consequence, in light of these new circumstances, the sanctions imposed upon Chelsea FC and the player by the FIFA Dispute Resolution Chamber must be lifted.

In accordance with the parties' request, the entire proceedings, including the arbitral award and the financial agreement shall remain confidential and the CAS will not comment on this matter any further.

On 25 September 2009, the FIFA Dispute Resolution Chamber imposed, inter alia, a restriction of four months' ineligibility on Mr Gael Kakuta, and Chelsea FC was banned from registering any new players, either nationally or internationally, for the two complete, consecutive registration periods following the FIFA decision.  The sanctions were stayed by the CAS until the award was issued. 

Adam Lewis QC and Tom Hickman were instructed by Hammonds for Chelsea FC.