Major disputes · Chile · FIFA · CAS
A dispute that
shook World Cup qualifying.
A dispute that
shook World Cup
qualifying.
Representation of the Chilean Football Federation in the Byron Castillo case combined an international investigation, litigation strategy and one of the most consequential decisions in recent South American football.
Read the case↓01 / THE CHALLENGE
Establish the facts.
Turn them into evidence.
In 2022, the Chilean Football Federation engaged Carlezzo Advogados to investigate whether Byron Castillo had played for Ecuador using official documents containing false information. Reports and evidence from Ecuador suggested that the player had been born in Tumaco, Colombia, rather than in Ecuador.
An investigation across two jurisdictions
The work began before the proceedings. We coordinated a broad investigation in Colombia and Ecuador with specialists in each country to find, verify and organise documents that could establish the player’s true identity and place of birth.
The evidence included civil records, a baptism certificate, communications between registry authorities in both countries, documents from earlier investigations and material from the Ecuadorian Federation itself. It indicated that Bayron Javier Castillo Segura was born in Tumaco, Colombia, in 1995, rather than in General Villamil Playas, Ecuador, in 1998 as recorded in the Ecuadorian documents used in football.
In a dispute of this scale, legal strategy begins with a rigorous reconstruction of the facts.
02 / THE PROCEEDINGS
From the investigation
to the final decision.
-
Complaint to FIFA
Based on the assembled evidence, we lodged a complaint with the FIFA Disciplinary Committee. Proceedings opened on 11 May 2022, but the first instance dismissed the allegations and closed the case on 10 June.
-
Appeal within FIFA
We appealed to the FIFA Appeal Committee. After a hearing on 15 September, the committee upheld the disciplinary decision in full and dismissed the Chilean Federation’s appeal.
-
The case reaches CAS
The appeal was lodged with the Court of Arbitration for Sport on 28 September. With the Qatar World Cup approaching, the case moved exceptionally quickly: a hearing took place in Lausanne on 4 and 5 November, and the operative part of the award was communicated on 8 November 2022.
-
Swiss Federal Tribunal
The Ecuadorian Federation sought to set aside the arbitral award before the Swiss Federal Tribunal. On 6 November 2023, the appeal was dismissed, leaving the CAS decision in full effect.
03 / THE DECISIONCAS 2022/A/9175
CAS 2022/A/9176
CAS 2022/A/9176
An appeal partly upheld — and an unequivocal conclusion about the documents.
CAS set aside the decision of the FIFA Appeal Committee and concluded that, in the panel’s assessment, Byron Castillo had been born in Colombia in 1995. It found that the Ecuadorian passport was genuine but contained false information about the player’s identity, age and place of birth — a form of intellectual forgery.
At the same time, the panel found Castillo eligible to play for Ecuador because he held permanent Ecuadorian nationality, evidenced by a valid passport. This distinction was decisive: the 2022 World Cup qualification standings did not change, but the Ecuadorian Federation was held responsible for using a document containing false information.
Chilean appeal partly upheld
FIFA decision set aside
3 points deducted in the following qualifiers
CHF 100,000 fine
04 / WHAT THE CASE SHOWED
Nationality, eligibility and disciplinary responsibility are related — but distinct — questions.
The case showed that a player may remain eligible even when the federation is sanctioned for using an official document containing false information. It also reaffirmed the value of independent evidence in international disputes: documentary work across jurisdictions overcame two adverse FIFA decisions and secured recognition of the central allegation before CAS.
Public case documents
CONTACT US
Tell us the context. We will help shape the strategy.